Missouri Senate

House Committee Substitute

RELEASING INFORMATION:

First, the act repeals the requirement that a member of the judiciary must notify the Department of Revenue when the member's status changes and the member no longer qualifies for the exemption which prohibits the Department from releasing certain information.

CRIMINAL RECORDS AND JUSTICE INFORMATION ADVISORY COMMITTEE:

Within the Department of Public Safety there is a Criminal Records and Justice Information Advisory Committee, which is composed of various members. This act replaces the chairman of the circuit court budget committee as a member of the advisory committee with the chairman of the joint legislative committee on court automation.

PROSECUTING ATTORNEYS' & CIRCUIT ATTORNEYS' RETIREMENT SYSTEM FUND:

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. 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.

LAW ENFORCEMENT IMMUNITY:

The act states that law enforcement officers shall have immunity from civil and criminal liability when conducting service of process.

CREDIT AGREEMENTS:

Under the act a credit agreement must be executed by both the debtor and the lender for a party to maintain an action upon or defense related to the credit agreement.

MORTGAGE LOAN ORIGINATORS:

The act requires licensed mortgage loan originators to complete one hour of continuing education in Missouri law and regulations, as part of the eight hours of education necessary to maintain licensure.

CHILD CUSTODY:

Currently, when custody or visitation is interfered with by a parent without good cause the aggrieved person may file a family access motion with the court stating the facts which constitute a violation of the judgment of dissolution or legal separation. This acts states that the aggrieved person may file a family access motion with the court also for a violation of a judgment of paternity.

ADOPTION PROCEEDINGS:

When the person sought to be adopted is under eighteen then written consent of certain persons is required. The act specifies that the signatures of the mother of the child, the man who has established paternity of the child or the current adoptive parents of the child must executed in front of a judge or before a notary. If the signatures are executed in front of a judge then the judge must advise the birth parent of the consequences of consent.

Consent for adoption is final upon execution of the signatures unless proved that consent was not freely given. The consent to adoption of a man who has reason to believe he is the biological father of an unborn child and who attempted to coerce the mother to obtain an abortion is not required.

A parent may waive the necessity of consent to future adoption of the child, and the waiver must be acknowledged before a notary or executed in front of a judge. When the waiver is executed in front of a judge then the judge must advise the parent of the consequences of the waiver.

ADMINISTRATIVE PROCEEDINGS:

The act grants the authority to administrative hearing officers from the Department of Social Services to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order. Such authority to set aside or correct decisions, orders or modifications must be done after written notice and an opportunity to respond to all parties and any objection or response to such motion shall be made in writing within 15 days from the filing of the motion to correct or set aside. The act specifies the conditions and time frame under which the corrections can be made.

Specifically, an order, decision or modification based on errors arising from mistake, fraud, misrepresentation, excusable neglect or inadvertence may be corrected prior to being filed with the court provided the written motion is mailed to all parties and filed within 60 days of the administrative decision, order or proposed decision and order. Any objection or response to the motion shall be filed within 15 days from the mailing of the motion. No decision, order, or proposed modification of a judicial order may be vacated after 90 days from the mailing of the administrative decision, order, or proposed modification of a judicial order.

In cases of lack of jurisdiction, the hearing officer may, after notice to the parties, on his or her own initiative or upon the motion of any party or the Family Support Division, vacate the administrative order or proposed administrative modification of a judicial order if it is found the order, decision or modification was without subject matter or personal jurisdiction or due process and the order, decision or modification had not been filed with the court.

This act also specifies however, that no corrections shall be made during the court's review of the applicable administrative decision, order or proposed order as authorized under the judicial review procedures for such administrative decisions under Chapter 536, RSMo, except in response to an express order from the reviewing court.

SEGREGATION OF FEES COLLECTED BY THE OFFICE OF STATE COURTS ADMINISTRATOR:

The act specifies that moneys collected for providing training to judicial personnel by the Office of State Courts Administrator shall be deposited in a special fund, but moneys in the fund in connection with a particular purpose shall be segregated and not disbursed for any other purpose.

JUDICIAL PERSONNEL REALLOCATION:

The act states that the Supreme Court shall submit a judicial weighted workload model and a clerical weighted workload model to the chairs of both the House and the Senate Judiciary Committees, to be distributed to the members of the General Assembly.

DWI COURT:

The act allows the DWI court to use a private probation service when the Department of Probation and Parole is unavailable to assist in the supervision of a person who wishes to enter a DWI court. A person cannot be rejected from participating in the DWI court for not residing in the city or county where the DWI court is located.

JUDICIAL POSITIONS:

When a judicial weighted workload indicates for three consecutive years that a judicial circuit with a population of one-hundred thousand or more is in need of four or more full-time judicial positions, then there shall be one additional associate circuit judge position in such circuit. In circuits composed of multiple counties, the additional associate circuit judge position shall be apportioned among the counties based on population.

SPRINGFIELD MUNICIPAL COURT:

This act allows Springfield to impose a surcharge of ten dollars on municipal code violations for the purpose of funding the construction, remodel, repair, and maintenance of the municipal court building. This provision shall expire on December 31, 2033.

SURCHARGES IN CIVIL CASES:

The act modifies provisions which allow Jackson County to charge up to a twenty dollar surcharge when a party files a civil court case. Currently, only Jackson County can charge twenty dollars, and all other circuits may charge up to fifteen dollars. This act authorizes any circuit court that reimburses the state for the salaries of family court commissioners to charge up to a twenty dollar surcharge for such cases.

COURT TRANSCRIPTS COSTS:

The act specifies that the court reporter shall receive three dollars and fifty cents per page for appeal transcripts. When the defendant is indigent or when a judge orders a transcript, the court reporter shall receive two dollars and sixty cents per page.

MODEX FUND:

Currently, sheriffs, county marshals and other officers are not allowed to charge for their services rendered in cases disposed of by a violations bureau. This act allows these officials to charge six dollars for their services, even when a case is disposed of by a violations bureau. One-half of the amount collected will be deposited in the MODEX fund. The other half will be deposited in the inmate security fund of the county or municipality where the citation originated. If the county or municipality does not have an inmate security fund, all of the amount collected shall be deposited in the MODEX fund.

This act also creates the MODEX fund. The fund will be used for the support and expansion of the Missouri Data Exchange (MODEX) system. The Peace Officers Standards and Training Commission will administer the fund.

BANKRUPTCY PROCEEDINGS EXEMPTIONS:

Under current law a person, either as a participant or a beneficiary, can exempt from attachment in bankruptcy proceedings the right to receive money from a retirement or profit-sharing plan. This act includes a person's interest in health savings plans and inherited accounts to this list of exemptions.

COMMUNITY SERVICE:

The act grants limited civil immunity to any entity which supervises community service work performed in connection with a written deferred prosecution agreement.

IMMUNITY FOR COURT APPOINTED ATTORNEYS:

The act provides immunity from civil liability for attorneys appointed by the court to represent indigent defendants in criminal cases. Court appointed attorneys may still be liable in situations where they acted willfully wrong or with malice or corruption.

DEPOSITION TRANSCRIPTS:

The act provides that a party who takes a deposition in a criminal case is responsible for the costs of providing one copy of the deposition transcript to the opposing party.

RESTITUTION:

This act provides that restitution must be paid through the office of the prosecuting or circuit attorney.

Additionally, the prosecuting attorney who takes action to collect restitution to collect an administrative handling cost. An installment cost shall also be assessed, and the proceeds of the both the administrative and installment costs are to be deposited by the county treasurer into an "Administrative Handling Cost Fund." Restitution collected from a person found guilty of passing a bad check must also be put in the "Administrative Handling Cost Fund". Additionally, the prosecuting or circuit attorney shall collect five dollars per each crime victim to whom restitution is paid which is to be deposited into the Missouri Office of Prosecution Services Fund.

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 to include repairs, towing, and storage fees. In addition, this act provides that a person shall be required to make restitution as a condition of parole.

This act allows the court to set an amount of restitution which may 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.

FIRST DEGREE MURDER SENTENCING FOR JUVENILE OFFENDERS:

Under current law, offenders who were under the age of eighteen at the time they committed first degree murder must be sentenced to life imprisonment without eligibility for probation, parole, or conditional release. In June, the U.S. Supreme Court in Miller v. Alabama held that mandatory life sentences without parole for juvenile criminal offenders are unconstitutional. As a result, there is no punishment for first degree murder under current law in Missouri that is enforceable against those who committed murder before they turned eighteen.

This act repeals the mandatory life sentence, which the Supreme Court found to be unconstitutional, and provides that offenders who were under the age of eighteen at the time of the first degree murder may be sentenced to either life imprisonment without parole or life imprisonment with the eligibility for parole after fifty years.

The act states that within fourteen days a the juvenile's conviction the prosecutor may file a motion requesting a hearing to determine which sentence to impose. If the prosecutor fails to file the motion then the sentence shall be life with eligibility for parole after fifty years.

Any juvenile sentenced to life imprisonment without parole prior to the effective date of this act may a motion for a sentencing hearing.

STATE PUBLIC DEFENDER SYSTEM:

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 interest.

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.

The 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.

The 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.

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.

Provisions in this act are similar to SB 12 (2013); SB 331 (2013); SB 377 (2013); SB 69 (2013); SB 52 (2013); SB 44 (2013); SB 322 (2013); HB 371 (2013); HB 169 (2013); HB 468 (2013); HB 375 (2013); HB 566 (2013); HB 354 (2013); HB 86 (2013); HB 567 (2013); HB 213 (2013); HB 214 (2013); HB 210 (2013); and HB 215 (2013).

JESSICA BAKER