SB 628
Modifies provisions relating to the judiciary
LR Number:
Last Action:
7/14/2012 - Governor took no action, sent to Secretary of State/Article III, Sec. 31
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012
House Handler:

Current Bill Summary

CCS/HCS/SB 628 - This act modifies provisions relating to the judiciary.


Section 21.771; HB 1842 (2012)

This act establishes the Joint Committee on Child Abuse and Neglect which shall be composed of seven members of the House of Representatives appointed by the Speaker and Minority Floor Leader and seven members of the Senate appointed by the President Pro Tem and the Minority Floor Leader. No party may be represented by more than four members of the Senate and four members of the House of Representatives. The Committee will expire on January 15, 2018.

Among other duties, the Joint Committee is required to:

(1) Study and analyze the state child abuse and neglect reporting and investigation system;

(2) Devise a plan for improving the decision process for removal of a child from a home;

(3) Determine the additional personnel and resources necessary

to adequately protect children and improve their welfare; and

(4) Address the need for additional foster care homes and to improve the quality of care provided to abused and neglected children in the custody of the state.


Section 32.056; HB 1627 (2012)

Currently, the Department of Revenue is prohibited from releasing the home address or any other information contained in the Department's motor vehicle or driver registration records for specified groups of individuals. This act adds any state or federal judge or his or her immediate family members to those groups. The act also limits the information withheld to the home address and information that identifies a vehicle owned by an individual in the specified groups. There is an exception allowing for release of the protected information to government agencies in carrying out their functions.


Section 57.280; SB 834 (2012)

Under current law, there is a special fund in each county treasury for certain funds coming into the possession of sheriffs that is to be used for the sheriff's office. Land sale proceeds are not to be directed into the fund. The fund may not exceed $50,000, and any proceeds in excess of such amount go into the general revenue in the county treasury.

This act specifies that charges received by sheriffs for executing service of process or other court orders and land sale proceeds must be placed in the special fund, subject to the $50,000 cap on the fund.


Section 67.136; HCS/HB 1211 (2012) & HCS/HB 1397 (2012)

The act authorizes cities and counties that have established municipal courts to utilize collection agencies to collect unpaid and past due court fines, administrative fines, or costs associated with a finding of guilt for a criminal offense or infraction or entry of a civil judgment.


Section 67.1305; HB 1623 (2012) & SB 845 (2012)

This act allows a city that adopts or has already adopted a local option economic development sales tax to increase the number of members on the economic development tax board. The city will designate by order or ordinance whether the board has five or nine members. If the city designates a nine member board, the area school districts and the county will each appoint one new member to the board, and the city will appoint two new members to the board. The act also specifies how the board members terms are staggered.


Section 67.2010; HCS/HB 1211 (2012), HCS/HB 1397 (2012) & SB 574 (2012)

Currently, associate circuit judges in Cass County can hear and determine county traffic ordinance violations. This act extends similar authority to associate circuit judges in Greene County and allows such judges in both counties to hear any county ordinance violation adopted pursuant to statute.


Section 135.953; HB 2033 (2012)

No finding of blight under the tax relief chapter can be used to meet the conditions for blight under any other statute.


Sections 195.222 & 195.223; HB 1894 (2012)

Currently, a person commits the crime of trafficking drugs in the first degree if he or she distributes, delivers, manufactures, produces or attempts to distribute, deliver, manufacture, or produce more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person must be sentenced to the authorized term of imprisonment for a Class A felony. If the quantity is 6 grams or more, the person will be ineligible for probation or parole. This act raises the quantity for a Class A felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be ineligible for probation or parole.

Currently, a person commits the crime of trafficking drugs in the second degree if he or she possesses or has under his or her control, purchases, or attempts to purchase or brings into this state more than 2 grams of crack. If the quantity involved is between 2 and 6 grams, the person will be guilty of a class B felony. If the quantity is 6 grams or more, the person will be guilty of a Class A felony. This act raises the quantity for a Class B felony sentence to between 8 and 24 grams. If the person has 24 grams or more, the person will be guilty of a Class A felony.


Section 211.031; HB 1171 (2012)

Current law provides that the juvenile court shall have jurisdiction over any child up to 15 and 1/2 years of age who is involved in a state or local traffic violation. This act lowers such age so that the juvenile court would have jurisdiction over any child up to 15 years of age in such instances.


Section 452.374

An automatic stay will be placed on paternity proceedings during the pendency of criminal charge alleging and act of rape by the putative father. Denial of visitation rights by this act cannot be used against the mother in determining which parent is most likely to allow meaningful contact with the other parent.


Section 386.510; SB 844 (2012)

When a party seeks to appeal a decision by the PSC in the court of appeals, the party must file a notice of appeal with the PSC but current law does not specify who then files the appeal with the court. This act requires the PSC to forward any such appeal to the appropriate appellate court.


Section 400.9-311; HB 1153 (2012) & HCS/HB 1400 (2012)

Currently, security interests in property subject to certain federal or state filing requirements can only be perfected by following such requirements. There is an exception for property held as inventory by a person in the business of selling or leasing goods of that kind. This act removes persons in the business of leasing goods of that kind from the exception.


Section 456.950; HB 1165 (2012) & SB 636 (2012)

Currently ,trusts that hold a certain kind of property owned by a husband and a wife will be considered a qualified spousal trust if the property is held in one trust or the property is held in two separate shares of one trust. This act allows a trust to be considered a qualified spousal trust if the trust consists of both property held in one trust for both spouses and property held in two shares of one trust for each spouse.


Section 456.8-808; HB 1166 (2012) & SB 761 (2012)

This act modifies the law regarding trusts to specifically allow for the appointment of a trust protector. The trust protector is a person who is given power over the trust by the document that creates the trust.

The trust protector's powers may include: the power to remove and appoint a trustee, or name a successor trust protector, the power to modify or amend the documents that created the trust, the power to modify the interests of a beneficiary of the trust, the power to terminate the trust in favor of the beneficiary, the power to change which law applies to the trust and which state the trust is located in, and any powers that are expressly included in the trust documents.

The trust protector is not a trustee but shall act in a fiduciary capacity in carrying out the duties and powers granted by the trust instrument to the trust protector. The trust protector will not be liable for his or her acts or omissions unless they are done in breach of the trust protector's duty, in bad faith, or with reckless indifference. Unless it is established that the trust protector acted in bad faith or with reckless indifference, the trust protector will be reimbursed from the assets of the trust for the costs and expenses of defending a lawsuit against him or her. A trust protector is entitled to reasonable compensation from the trust assets for carrying out the powers given to them by the trust document.

The act also provides that the trust protector is entitled to certain information about the trust, provides authority for a trust protector to resign by providing written notice to the trustee, and specifies that the courts have jurisdiction over a trust protector while the administration of the trust is in Missouri.


Section 476.055; HB 1460 (2012)

Currently, a court fee is collected and deposited into the Statewide Court Automation Fund. The Court Automation Committee may use moneys in the fund for court automation. Collection of the fee is set to expire on September 1, 2013. The Committee is to cease functions no later than September 1, 2015. Unexpended moneys remaining in the fund will be transferred to the general revenue fund on September 1, 2013.

This act extends collection of the court fee until September 1, 2018. Moneys left in the fund on that date will be transferred to the general revenue. The Committee shall cease functions on September 1, 2020.


Section 479.011

Springfield will be allowed to establish an administrative adjudication system.


Section 479.040; HB 1636 (2012)

Currently, municipalities that make an election to have violations of their ordinances heard by an associate circuit court or county municipal court must have all violations of their ordinances heard by such a court. This act allows municipalities to elect to have only violations by an accused with special needs due to mental illness or mental disorder heard by such courts. If the election is for an associate circuit court to handle such matters, the presiding judge of the circuit must consent to the election. If the election is for a county municipal court to handle such matters, a county contract must permit the election.

The prosecutor must make a designation of special needs on the information. The matter will be transferred back to the municipal court if the associate circuit court or county municipal court does not have established resources for handling such matters or the court determines the accused does not have special needs.


Section 483.015; HB 1560 (2012) & SB 788 (2012)

This act requires that the circuit clerk for the twenty-second judicial circuit be appointed by a majority of the judges of that circuit. The circuit clerk shall be removable for cause by a majority of the circuit judges. The elected circuit clerk holding office when this act takes effect will remain in office for the remainder of his or her term.


Section 488.5026; SB 628 (2012)

This act modifies the uses of money from a current court surcharge in criminal cases. The uses of moneys in the fund are modified to include the purchase of information sharing equipment to allow inmates, detainees or prisoners in a shorter term detention facility to be identified upon booking and tracked within certain law enforcement or criminal justice systems.


Section 488.5375; HB 1896 (2012)

This act allows courts to order a defendant, upon a plea of guilty or a finding of guilt for a felony sexual offense, to reimburse the state or local law enforcement agency for the reasonable costs incurred in the examination of certain seized electronic devices. The costs will be established by each law enforcement agency, but the court may reduce the costs if it determines them to be excessive.


HB 1790 (2012) & HB 1907(2012)

This act creates a hearsay exception for vulnerable persons similar to the exception for children under 14 used in certain criminal cases. There requirement that the offense be performed with or on the declarant is removed.

SECTION 491.075

The crime of domestic assault is modified to include acts involving a child who is a member of the family or household and not acts against persons in a romantic relationship with the actor.

SECTIONS 565.072, 565.073 & 565.074

The crime of abuse of a child changed to abuse or neglect of a child. A person commits the crime if they cause a child under 18 to suffer physical or mental injury, to be placed in a situation which may result in physical or mental injury, or to suffer abusive head trauma. The crime is a class C felony. If the act involved serious physical or emotional injury or the person was previously found guilty of this crime, the person will be guilty of a class B felony. An act will be a class A felony if it involves a serious physical or emotional injury, the victim is less than 14 years old, and the injury is a result of sexual abuse.

SECTION 568.060


Sections 508.050 & 523.010; HB 1293 (2012) & SB 704 (2012)

This act requires that suits against municipal corporations involving dangerous conditions of public property or suits in inverse condemnation be brought in the county in which all or part of the property lies.


Sections 513.430 & 513.440; HB 1527 (2012) & SB 683 (2012)

Currently any motor vehicle less than $3,000 in value is exempt from execution or attachment. This act requires that all motor vehicles owned by a debtor be considered together and only their aggregate value less than $3,000 shall be exempt. Mobile homes used as principal residences cannot be attached to real property to be exempt. The exemption for local public assistance benefits is broadened to include all public assistance benefits. The age for dependents included in the head of household exemption calculation is raised from eighteen to twenty-one.


Section 513.653; HB 1672 (2012)

Currently, a law enforcement agency involved in using the federal forfeiture system under federal law is required each fiscal year to acquire an independent audit of the federal seizures and proceeds therefrom and provide the audit to its governing body, the Department of Public Safety, and the Office of the State Auditor. This act removes the audit requirement and requires the law enforcement agency to file an annual report by January 31 regarding federal seizures and proceeds for the previous year with the department and the auditor's office.


Sections 537.345, 537.346 & 537.351; HB 1194 (2012), HB 1196 (2012), HCS/HB 1254 (2012), HB 1286 (2012) & HCS/HB 1860 (2012)

This act specifies that possessors of real property owe no duty of care to a trespasser except for intentional acts. Three other exceptions are created where the possessor may be liable for the death or injury of a trespasser:

(1) Children trespassers injured by a dangerous condition on the land;

(2) Possessor knows that trespassers frequently intruded on an area with a dangerous artificial condition; or

(3) Possessor knows of the trespassers presence and failed to warn of a dangerous condition.

A possessor or real property may use justifiable force to repel a criminal trespasser.


Section 537.528; HB 1615 (2012)

Currently, any action seeking monetary damage against a person for conduct or speech at a public hearing or meeting is subject to a special motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment so it can be considered on an expedited basis. This act allows any action against a person for conduct or speech at a public hearing or meeting to be subject to these special motions.


Section 542.301; HB 1896 (2012)

This act specifies that computers, computer equipment, computer software and hardware, cellular telephones, or other devices capable of accessing the internet which are used by the owner or with the owner's consent as a means for committing felonies must be forfeited to the state. Such forfeited equipment that had been used in the acquisition, possession, or distribution of child pornography or obscene material may, upon a court order, be retained by the law enforcement agency and used in criminal investigations.


Section 558.019; HCS/HB 1515 (2012) & HB 1817 (2012)

The requirement that the Sentencing Advisory Commission biannually distribute its sentencing recommendations is eliminated. The commission is prohibited from making recommended sentences for specific cases pending in the courts.


Section 566.083; HB 1896 (2012)

The crime of sexual misconduct involving a child is modified to include when a person knowingly coerces or induces a female child who is known by the person to be younger than 15 years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child.


Section 569.100; HB 1125 (2012)

The crime of property damage in the first degree is modified to include when a person knowingly damages a motor vehicle of another while making entry into the vehicle for the purpose of stealing it or the damage occurs while committing the crime of stealing within the vehicle. Anyone who commits this crime will be guilty of a Class C felony unless it is a subsequent violation in which case he or she will be guilty of a Class B felony.


Section 1

Eligible entities may individually or jointly form an airport authority. The airport authority will have jurisdictional boundaries conterminous with the eligible entities. The authority must have "airport authority" in the name.


Section 2

This act requires the Joint Committee on the Missouri Criminal Code to evaluate which offenses should be removed from the sexual offender registry.