CCS/HCS/SS/SCS/SB 67 - This act modifies provisions of law regarding the establishment of a county municipal court in Buchanan County, the appointment of a court marshal in circuits with a SORTS facility, municipal court reporting requirements, court surcharges, and landlord tenant proceedings.
BUCHANAN COUNTY MUNICIPAL COURT
The act provides that Buchanan County may prosecute violations of county orders in the circuit court or in a county municipal court if the creation of such court is approved by order of the county commission (67.320).
This provision is identical to provisions contained in HB 473 (2015) and SS/SCS/HB 799 (2015).
APPOINTMENT OF A CIRCUIT COURT MARSHAL
The act allows the presiding judge of any circuit containing a diagnostic and reception center operated by the Department of Corrections and a mental health facility operated by the Department of Mental Health which houses certain persons specified in the act to appoint a circuit court marshal (476.083).
This provision is identical to SB 532 (2015) and HB 1182 (2015) and to provisions contained in SS/SCS/HB 799 (2015) and HB 473 (2015).
MUNICIPAL COURT REPORTING REQUIREMENTS
By September 1, 2015, the presiding judge of a circuit court in which a municipal division is located shall report to the clerk of the Supreme Court the name and address of the municipal division and any other information regarding the municipal division requested by the clerk on a standardized form developed by the clerk. The presiding judge of a circuit shall also notify the clerk if a municipal division is abolished or established in the circuit, and the presiding judge of the new municipal division shall also report information to the clerk of the Supreme Court (479.155).
This provision is identical to HB 473 (2015), HB 1199 (2015), and SB 327 (2015), and substantially similar to provisions contained in CCS/HCS/SS/SCS/SB 5 (2015) and SS/SCS/HB 799 (2015).
JASPER COUNTY JUDICIAL FUND
This act provides that cases filed in the Twenty-Ninth Judicial Circuit shall have an additional cost assessed. Civil cases shall be assessed a surcharge of ten dollars, misdemeanor criminal cases shall be assessed a surcharge of twenty-five dollars, and felony criminal cases shall be assessed a surcharge of fifty dollars. The judge may waive the assessment of the surcharge in cases where the defendant is determined to be indigent.
The money collected from such surcharge shall be placed in the Jasper County Judicial Fund and used to pay the costs associated with the purchase, lease, and operation of a county juvenile center and the county judicial facility in Jasper County (488.2244).
The provisions of this section will expire on August 28, 2025, and are identical to provisions contained in SS/SCS/HB 799 (2015) and SCS/HCS/HB 807 (2015) and similar to HB 1172 (2015).
HOWELL COUNTY COURT SURCHARGE
This act provides that a surcharge of up to ten dollars may be collected in all civil and criminal proceedings, excluding violations of traffic laws or ordinances, filed in Howell County. In criminal cases the surcharge must first be authorized by a county or municipal order, ordinance, or resolution.
The moneys collected from the surcharge must be used for the costs associated with the land assemblage, construction, maintenance and operation of any county or municipal judicial facility. The county or municipality shall maintain a separate account known as the "justice center fund" which is limited to the uses specified in the act (488.2257).
The provisions of this section will expire on August 28, 2025, and are identical to provisions contained in SS/SCS/HB 799 (2015) and SCS/HCS/HB 807 (2015) and similar to HB 183 (2015).
REGIONAL JUVENILE DETENTION DISTRICT SURCHARGE
The act states that a surcharge of one dollar shall be assessed in each civil and criminal court proceeding filed in any court located in certain regional juvenile detention districts. The moneys collected from the surcharge shall be kept in an account called the "regional juvenile detention district fund," and shall be used to pay for the costs associated with the repair, maintenance, and operation of regional juvenile detention district facilities (488.2258).
The provisions of this section will expire on August 28, 2025.
LANDLORD TENANT PROCEEDINGS
Currently, in unlawful detainer and forcible entry and detainer suits an execution of the judgment may be issued at any time after judgment, but the restoration of the property cannot occur until after the expiration of time allowed to file an appeal. This act provides that in these types of suits the judge shall not issue an execution of the judgment until ten days after the judgment. If an appeal is filed and the losing party posts an appeal bond, then the execution of the judgment shall be temporarily suspended while the appeal is pending (534.350).
The act moves the provision of law specifying that if it appears to the officer executing the judgment that the defendant is hindering or delaying the seizure of property then rents, profits, damages, and costs may be seized before the expiration of the time allowed for taking an appeal to a new section and repeals the current section of law (534.350).
Currently, in rent and possession suits an appeal shall stay execution of the judgment if the defendant gives bond within ten days "after it becomes due." The act specifies that the bond must be deposited with the court within ten days after an entry of judgment (535.110).
These provisions are identical to HCS/HB 1006 (2015) and to provisions contained in HCS/SB 148 (2015), HCS/SB 364 (2015), and HCS/SCS/SB 340 (2015).