HB 0613 (Truly Agreed) Modifies provisions of court procedure
Current Bill Summary
- Prepared by Senate Research -

CCS/SCS/HCS/HB 613 - This act modifies a number of provisions relating to court procedures.

CRIMINAL HISTORY CHECKS (Sections 43.530) - The Highway Patrol is authorized to establish procedures for receiving criminal history requests from courts and others and paying for such requests by electronic means.

CHILD ABUSE INVESTIGATIONS (Section 210.145) - In investigations of alleged child abuse, the Division of Family Services shall notify a parent of the child, if the parents are not the abusers. Currently, both parents must be notified. The Division shall not meet with the child at the child's school or child care facility. Currently, the Division cannot meet with the child at any location where the abuse is alleged to have occurred.

PETITION FOR DISSOLUTION OF MARRIAGE (Section 452.311) - The act requires that the verified entry of appearance of a respondent must be notarized in considering whether a petition is filed.

FILING OF GARNISHMENT ORDERS (Section 454.505) - The act deletes the requirement that the Division of Family Services must file all income withholding orders with the circuit clerk in child support cases.

PROTECTIVE ORDERS (Sections 455.027, 455.504 and 455.516) - No filing fees will be assessed to a petitioner in an action seeking a protective order. Once an order is filed, the Clerk shall issue a copy, as well as any subsequent order of termination, to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system (MULES). Copies of the petition and date for hearing shall be issued to the local juvenile office. Effective January 1, 2004, a petitioner shall not be required to disclose his or her Social Security number on any document filed. (Section 455.030).

STATE COURT ADMINISTRATION REVOLVING FUND (Section 476.058) - Any moneys received in connection with preparation of court transcripts shall be deposited in the fund.

EXECUTIVE COUNCIL OF THE JUDICIAL CONFERENCE (Section 476.340) - This act allows a position on the Executive Council of the Judicial Conference to be filled for the unexpired term of any member as provided by resolution of the Judicial Conference.

FINE COLLECTION CENTER (Section 476.385) - This expands the Fine Collection Center to accept tickets for littering.

JUDICIAL FINANCE COMMISSION (Section 477.600) - This act modifies the annual report of the Commission to include separate information on all divisions of the circuit court of each county, include the probate division. The act provides that for budgeting disputes between counties and circuit courts that are submitted to the Judicial Finance Commission within 90 days of the end of a fiscal year, the Commission shall resolve the dispute within 90 days of the beginning of the subsequent fiscal year (Section 50.640).

WITNESS FEES (Sections 488.032 and 491.280) - This act provides that witnesses shall be allowed a fee of $25 per day plus a mileage allowance. Currently, witness fees were determined by guidelines promulgated by the supreme court.

COURT FEES AND SURCHARGES (Section 488.426) - The act deletes the requirement that any changes in court surcharges become effective on certain dates after notification of OSCA.

LAW LIBRARY FUND (Section 488.429) - The act provides that moneys from the fund may be used by Butler and Ripley counties for courtroom renovation and technology enhancement.

FAMILY SERVICES AND JUSTICE FUND (Section 488.2300) - The act provides that the judgment collected in juvenile proceedings is payable to the fund. The surcharge shall only be assessed to the respondent.

CRIMINAL CASE FEES (Sections 57.290, 67.133, 488.4014, 488.5320) - The act provides for a standard fee or charge for sheriffs, county marshals or other officers for services in certain types of criminal cases.

CRIMINAL CASE FILING SURCHARGE (Sections 488.5339) - The act modifies a section of law to make it consistent with a previous change to Section 595.045, RSMo, which increased the surcharge for the Crime Victims' Compensation Fund from $5 to $7.50.

MASTER JURY LIST (Section 494.410) - Beginning July 1, 2004, the names on the master jury list shall be chosen from certain source lists. The names of potential jurors on the list shall not be considered a public record.

COMPUTATION OF TIME IN CIVIL ACTIONS (Section 506.060) - Provides that Saturday cannot be the last day in computing time periods. Repeals language that provided for a half holiday to not be considered a legal holiday.

LEGISLATIVE CONTINUANCES (Section 510.120) - Authorizes legislative continuances in court during special and veto sessions, and during interim committee assignments.

ABSTRACTS (Section 511.510) - The act requires the clerk of each division of circuit court to enter abstract of judgement within five days of rendition.

APPEALS FROM CASES BEFORE ASSOCIATE CIRCUIT JUDGE (Section 512.180) - The act provides the right of a trial de novo in all cases where the pleading claims damages not exceeding $3,000. Currently, the section uses the term "petition" instead of "pleading".

MODIFICATION OF JUDGMENT BY AGENCY (Section 511.350) - No judgment or decree by a court of competent jurisdiction may be amended or modified by any administrative agency.

HOMESTEAD EXEMPTION (Section 513.475) - The value of a homestead which is exempt from attachment and execution is raised from $8,000 to $15,000.

ENFORCEMENT OF ADMINISTRATIVE SUBPOENAS (Section 537.077) - The party requesting an administrative subpoena or the agency shall enforce the subpoena at Circuit Court. Currently, only the agency is responsible for enforcement of administrative subpoenas at Circuit Court. The involved agency and any party to the action is permitted to intervene in the enforcement action.

SELECTION OF GRAND JURORS (Sections 540.011 and 540.021) - Names of grand jurors shall be chosen from the master jury list. Repeals the grand jury list.

CASE DISPOSITIONS TO HIGHWAY PATROL (Section 577.051) - This act provides that certain case dispositions, not just final dispositions, must be forwarded to the Missouri State Highway Patrol. The act adds any other case dispositions that may be required by state or federal regulation.

This act is similar to SB 214, SB 446, SB 447, SB 448, HCS/SB 465, SB 467, SB 468, HCS/SB 470, SB 471, HCS/SB 474, SB 457 (2003) and SCS/HB 427, and HB 552 (2003).
JIM ERTLE

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