HB 799 Modifies provisions regarding judicial circuits
Sponsor: Dixon
LR Number: 0183S.03T Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 9/16/2015 - Legislature failed to override Governor's veto Journal Page:
Title: SS SCS HB 799 Calendar Position:
Effective Date: August 28, 2015
House Handler: Roeber

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Current Bill Summary


SS/SCS/HB 799 - This act modifies various provisions relating to judicial circuits.

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 CCS/HCS/SS/SCS/SB 67 (2015).

JUVENILE COURT EMPLOYEES

This act provides that juvenile officers employed in a multicounty circuit which switches to a first class single county circuit on or after August 28, 2015, are state employees and shall receive state-provided benefits (211.393).

APPOINTMENT OF A CIRCUIT COURT MARSHAL IN CERTAIN CIRCUITS

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 CCS/HCS/SS/SCS/SB 67 (2015) and HB 473 (2015).

DIVISION OF THE THIRTY-EIGHTH JUDICIAL CIRCUIT

Currently, the Thirty-Eighth Judicial Circuit consists of Christian and Taney counties. The act provides that the Thirty-Eighth Judicial Circuit shall consist of only Christian County and creates a new Forty-Sixth Judicial Circuit consisting of Taney County. The Forty-Sixth Judicial Circuit shall have one circuit judge elected in 2016 (478.011, 478.170, 478.188, 478.191, 478.740).

These provisions are similar to provisions contained in HCS/HB 767 (2015).

ADDITIONAL CIRCUIT JUDGE

This act provides that when an annual judicial performance report indicates for three consecutive years that a judicial circuit with a population of one hundred thousand people or more is in need of four or more full-time judicial positions then, subject to appropriations, there shall be one additional circuit judge position authorized in that circuit (478.330).

This provision is identical to provisions contained in SB 81 (2015).

SIXTEENTH JUDICIAL CIRCUIT

The act provides that Division Twelve of the Sixteenth Judicial Circuit shall sit at the City of Independence, rather than Kansas City (478.463).

This provision is identical to SB 439 (2015) and to provisions contained in SCS/HCS/HB 807 (2015) and HCS/SCS/SB 340 (2015).

MUNICIPAL COURT REPORTING REQUIREMENTS

The act also states that 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 (479.155).

This provision is similar to provisions contained in HCS/SS/SCS/SB 5 (2015), CCS/HCS/SS/SCS/SB 67, HB 473 (2015), HB 1199 (2015), and SB 327 (2015).

SURCHARGE IN ANY NONCHARTER SINGLE COUNTY CIRCUIT

The act provides that the surcharge currently collected by the Thirty-First Judicial Circuit in all criminal cases for the purpose of the purchase, construction, maintenance, and operation of a judicial facility shall now be collected in all civil and criminal cases in any judicial circuit composed of a single noncharter county. The money collected shall be deposited into a separate account named the "Justice Center Fund"(488.2206).

JASPER COUNTY JUDICIAL FUND

The 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).

This provision expires August 28, 2025, and is identical to CCS/HCS/SS/SCS/SB 67 (2015), SCS/HCS/HB 807 (2015), and similar to HB 1172 (2015).

HOWELL COUNTY JUSTICE CENTER FUND

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 use 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).

These provisions expire on August 28, 2025 and are identical to provisions contained in CCS/HCS/SS/SCS/SB 67 (2015) and SCS/HCS/HB 807 (2015) and similar to HB 183 (2015).

CAPE GIRARDEAU COUNTY JUSTICE CENTER FUND

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 Cape Girardeau 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 use 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 (488.2265).

PUBLIC DEFENDER SYSTEM

Current law allows the director of the Missouri State Public Defender System to delegate the legal representation of any person to any licensed attorney. This act specifies that the director can delegate the legal representation of people who are eligible for representation by the Public Defender System.

Under current law, the director of the State Public Defender System must implement a plan to establish district offices that align with judicial circuit boundaries by December 31, 2018. This act extends the date of implementation to December 31, 2021 (600.042).

These provisions are identical to provisions contained in SCS/SB 91 (2015), HCS/SCS/SB 340 (2015), and SCS/HCS/HB 807 (2015).

JANITOR-MESSENGER

The act repeals sections of law referencing the appointment of a janitor-messenger in the circuit court of the City of St. Louis (478.430, 478.433).

The repeal of these provisions is also in SB 81 (2015).

JESSI BAKER