House Committee Substitute

HCS#2/SB 114 - Under this act, any court using a centralized violation bureau may elect to have the bureau order and verify completion of driver improvement programs or motorcycle-rider training courses. If a person has been ordered by the court to attend a driver-improvement program or a motorcycle-rider training program, the person also consents to attendance at any such program, and to verification of such attendance as directed by the bureau, when he or she pays the fines and court costs (Section 476.385).

This act requires the Department of Health and Senior Services to implement an education and awareness program regarding the financial exploitation of the elderly. This provision is similar to HB 62 (2009), HB 926 (2009) and HCS/HB 384 (2009)(Section 192.925).

Modifies the Amber Alert law by specifying redefining the term "abducted child". Under the act, an abducted child is now an individual whose whereabouts are unknown, is younger than 18 years of age, and is reasonably believed to be a victim of child kidnaping or younger than 18 years of age and at least 14 years of age and who would be reasonably believed to be a victim of child kidnaping if the person was under the age of 14 (Section 210.1012).

The judge in a criminal or municipal case that is dismissed before the defendant pleads guilty or is found guilty may assess court costs against the defendant as specified in Section 488.012 if the defendant consents to pay and is not indigent and unable to pay the costs. These provisions are similar to HB 62 (2009), HB 830 (2009)(Sections 479.260 and 488.5032).

This act specifies ten dollars of the time-payment fee shall be payable to municipal court clerks, when applicable, for improvement of the court (Section 488.5025). This provision may be found in HB 62 (2009).

This act removes the requirement that court costs be assessed to the prosecutor in trespass cases if the defendant is acquitted or the prosecution fails. These provisions are similar to provisions contained in HCS/HB 62 (2009) and HCS/HB 384 (2009)(Sections 545.050 and 550.040).

Under this act, the name of any defendant in a sexual assault, domestic assault, stalking, or forcible rape case shall not be considered identifying information of the victim and shall not be redacted from court records. This provision may be found in HCS/HB 62 (Section 566.226).

This act repeals a provision of law which currently requires property owners to cut hedge fences situated on their property next to a right-of-way or face a $500 civil penalty (Section 229.110).

This act repeals certain provisions making prosecutors pay certain court costs. These provisions are similar to a provision of HCS/HB 62 (2009) and HB 384 (2009)(Sections 550.050, 550.070, 550.080, and 550.090).

STEPHEN JOHN WITTE


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