- House Committee Substitute -

HCS/SB 469 - 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. The act sets forth procedures for the criminal background check for a school bus operator.

DEFINITION OF COURT (Section 143.782) - Defines "court" in terms of tax credits and refunds.

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.

CHILD SUPPORT ENFORCEMENT (Section 454.470) - The director may issue a notice and finding of financial responsibility to a parent only if a court order has not been previously entered against that parent or if a support order from another state has been entered but is not entitled to recognition.

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).

STATEWIDE COURT AUTOMATION FUND (Section 476.055) - This act extends the sunset of the fee used to fund the Statewide Court Automation Fund from 2004 to 2005. The date for the sunset of the Statewide Court Automation Fund is extended from 2007 to 2011.

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.

CIRCUIT CLERK (Sections 483.015 and 483.083) - The circuit clerk of any circuit operating under the nonpartisan court plan shall be appointed by a majority of the judges of such circuit, effective January 1, 2004.

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.

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.

CRIME VICTIMS' COMPENSATION JUDGEMENT AND COUNTY FEE (Sections 488.4014, 488.5320 and 595.045) - The fee payable in felony and nonfelony criminal violations shall be paid upon the plea of guilty or upon a finding of guilt. Exceptions are made for certain misdemeanors.

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.

JUROR DISQUALIFICATION (Section 494.425) - Provides that a person unable to read, speak or understand the English language is disqualified unless such inability is due to an impairment that can be adequately compensated for through the use of auxiliary aids or services.

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) - Requires 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".

JUDGEMENTS CREATING LIENS ON REAL ESTATE (Sections 511.350, 511.510, 517.141 and 517.151) - This act allows a judgement in associate circuit court to be a lien on real estate if the judgment is final and not appealed. The clerk of each division of circuit court is required to enter abstract of judgement within five days of rendition. The value of a homestead which is exempt from attachment and execution is raised from $8,000 to $15,000 (Section 513.475).

LANDLORD-TENANT ACTIONS (Section 535.030) - Summons in such actions shall served at least four business days before the court date.

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