Missouri Senate

Perfected

CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE - 43.518

Under current law, the chairman of the Circuit Court Budget Committee serves on the Criminal Records and Justice Information Advisory Committee. This act replaces the chairman of the budget committee with the chairman of the Joint Legislative Committee on Court Automation.

PROSECUTING AND CIRCUIT ATTORNEYS' RETIREMENT SYSTEM FUND - 56.807 & 488.026

Currently, each county must transfer a certain sum of money to the Missouri Prosecuting Attorneys and Circuit Attorneys' Retirement System Fund. This act provides that each county's contribution shall be adjusted in accordance with the retirement system's funded ratio and a schedule provided in the act.

The act also states that a four dollar surcharge, payable to the prosecutor's retirement system, shall be assessed in cases where a person pleads guilty and pays a fine through a fine collection center.

These provisions are identical to provisions of HCS/HB 169 (2013).

COURT TRANSCRIPTS - 488.2250 & 545.417

Under current law, court reporters receive $2 per page for the original copy of a transcript of court testimony and 35 cents per page for a carbon copy of the transcript. This act provides that court reporters must receive $3.50 per page for the preparation of a paper and an electronic version of the transcript, unless the judge is requesting the transcript, in which case, the court reporter is to receive $2.60 per page.

Current law also requires the state to pay court reporters to furnish three transcripts in criminal cases on appeal by the defendant if it appears the defendant is unable to pay for the transcripts. The court reporter must receive $2 per page for the original copy and 20 cents per copied page. This act requires the court reporter to receive $2.60 per page for the preparation of a paper and an electronic version of the transcript.

This act repeals current law that requires answers follow questions on the same line when feasible in court transcripts.

This provision is similar to a provision of HCS/HB 1256 (2012), HCS/SB 628 (2012), and HCS/SB 636 (2012).

This act also requires any party who takes a deposition in a criminal case to pay the costs of providing one copy of the transcript to the opposing party.

RESTITUTION - 559.100, 559.105, & 570.120

This act provides that restitution must be paid through the office of the prosecuting or circuit attorney. The prosecuting or circuit attorney may contract with another entity for the collection of restitution, however, the circuit court en banc must approve the use of any contractor or entity selected.

This act allows the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost of $25 if the restitution is less than $100, $50 if the restitution is $100 to $249, and up to $75 if the restitution is $250 or more. In addition to the administrative handling costs, a $2 installment cost shall be assessed per installment, excepting the first installment, until the total amount of restitution is repaid.

The proceeds are to be deposited by the county treasurer into an "Administrative Handling Cost Fund" to be expended by the prosecuting attorney. The fund may be used for office supplies, postage, books, training, office equipment, capital outlay, trial expenses, witness preparation, additional employees, salaries, or other lawful expenses incurred by the prosecuting attorney.

Current law provides that a court may order a person to make restitution when the person has been found guilty of first degree tampering involving an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle or stealing a motor vehicle, watercraft, or aircraft. The restitution must include payment for repairs or replacement of the vehicle, watercraft, or aircraft and any costs associated with towing or storage fees. In addition, a person may be required, as a condition of parole, to make restitution. This act expands the current restitution law so that it applies to any person found guilty of any offense and repeals the provisions requiring the restitution include repairs, towing, and storage fees. In addition, this act provides that a person must be required to make restitution as a condition of parole.

This act allows the court to set an amount of restitution to be taken from the inmate's account while incarcerated by the Department of Corrections.

This act also provides that the payment of restitution may be collected as a condition of conditional release or parole by the prosecuting attorney and that the prosecuting attorney may refer any failure to make restitution as a violation of parole or the terms of conditional release.

This act provides that restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund".

This act is similar to SB 331 (2013) and HB 1382 (2012).

INDIGENT DEFENSE - 600.042, 600.044, 600.052, 600.053, 600.090

Under current law, the director of Missouri State Public Defender System may contract for legal services with private attorneys on a case-by-case basis as the commission deems necessary for fees approved and established by the commission. Public defenders must provide legal services to eligible persons detained or charged with any felony, any misdemeanor that will probably result in confinement in jail, or any probation or parole violation.

This act requires the director to contract all nonsexual Class C and D felonies, all nonsexual misdemeanor cases, all traffic cases, and probation violation cases to private attorneys. Under this act, public defenders provide legal services to eligible persons detained or charged with a Class A or B felony or any sexual offense. Public defenders must also provide legal services when a private attorney who has a contract to provide legal services has a conflict of internet.

In addition, this act requires the director to establish district offices, the boundaries of which must coincide with existing judicial circuits. A district office may include more than one judicial circuit, but not portions of any circuit.

This act repeals a provision of current law allowing the director to delegate the legal representation of any person to any member of the Missouri Bar Association. This act allows the director to contract direct appeals of any cases handled by a public defender to private attorneys.

This act prohibits the director or any public defender from providing legal services or contracting for legal services for ineffective assistance of counsel motions or the representation of any crime victim or witness.

This act requires the Office of Administration, with the approval of the presiding judge of the circuit court, to award contracts for private attorneys to provide legal services through a competitive bidding process. Also, the Office of Administration is required to administer all contracts made by the director of the Missouri State Public Defender System and to establish a quality assurance program for the private attorneys.

This act declares as null and void a regulation promulgated by the Public Defender Commission, which requires the commission to create a maximum caseload standard and allows the director of the Missouri State Public Defender System to limit the availability of a district office or a public defender to accept cases. This act provides that the public defender may not refuse to provide representation without prior court approval. These provisions have an emergency clause.

This act requires the public defender to pay the prosecuting attorney a collection fee of 20 percent of the funds collected by the prosecuting attorney on behalf of the public defender when the prosecutor enforces a judgement lien against a person who received legal services from the public defender. The collection fee is to be deposited in the county treasury with one half designated for the prosecuting attorney's office and the other half to be expended as determined by the county.

These provisions, except for the provisions declaring the maximum caseload standard regulation null and void and prohibiting the public defender from refusing to provide representation, have an effective date of July 1, 2014.

FORMER JUDGES AND COMMISSIONERS - SECTION 1

This act prohibits the Department of Revenue from releasing the home address or any other information in the department's motor vehicle or driver's license records about a former judge, commissioner, or such person's immediate family members. In addition, the department is required to permit the issuance of special license plates and driver's licenses to former judges and commissioners.

Under current law, the commission may contract with private attorneys for the collection and enforcement of liens for payment of legal services provided by public defenders. This act provides that the commission may only contract with private collection agencies or attorneys if the prosecuting attorney does not take action to enforce the judgement lien within 90 days of entry.

MEGHAN LUECKE