HB 807 Modifies provisions relating to courts, civil actions, wills and trusts, life insurance, crimes, and public defenders

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 807 - This act modifies provisions relating to courts, civil actions, wills and trusts, life insurance, crimes, and public defenders.

LEGAL CLAIMS AGAINST HIGHER EDUCATION INSTITUTIONS - 105.716

This act provides that when the legal counsel of a public higher education institution conducts the investigation, defense, negotiation, or compromise of a claim covered by the State Legal Expense Fund, the Attorney General retains exclusive discretion regarding the settlement of the claim, and payments for any claim shall not be made from the Fund without the approval of the Attorney General. When the Attorney General does not approve a settlement offer recommended for acceptance by a public higher education institution then the Attorney General may assume responsibility of defense of the claim at the request of the public higher education institution.

This provision is identical to SCS/SB 109 (2015).

ABUSE IN LONG-TERM CARE FACILITIES - 198.070

This act amends the provision relating to reporting of suspected abuse and neglect of a resident of a long-term care facility who is sixty years of age or older or an eligible adult. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse and neglect. Under this act, in the event of a suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009.

This provision is substantially similar to SB 234 (2015), SCS/SBs 112, 212, 143, & 234 (2015), and SB 971 (2014).

POSSESSION OF TELECOMMUNICATIONS DEVICES IN JAILS - 217.360 & 221.111

Under current law, it is a crime to possess, deliver, deposit, or conceal certain items in a prison or jail. This act adds two-way telecommunications devices and their component parts to the list of prohibited items.

This act provides that the prohibition on telecommunications devices does not apply to law enforcement officers lawfully engaged in their duties or any person who is authorized to use such a device in the facility.

This provision is identical to HB 612 (2015) and SCS/SBs 112, 212, 143, & 234 (2015) and nearly identical to SB 252 (2015).

LIABILITY FOR LIVESTOCK TRESPASS - 272.030 & 272.230

Current law provides the available remedies for when a horse, cattle or other stock breaks through a fence and trespasses on another person's property. This act repeals the current law and provides that the owner of any livestock that trespasses on the premises of another is not to be held strictly liable for the damages.

This provision is identical to a provision of HCS/HB 258 (2015) and HCS/SCS/SB 131 (2015) and similar to HB 372 (2015).

PROVIDING LIQUOR TO MINORS - 311.310

Under current law, it is a class B misdemeanor for a property owner to knowingly allow a person under the age of 21 to drink or possess intoxicating liquor or fail to stop a minor from drinking or possessing liquor. This act makes the offense a Class A misdemeanor. Any subsequent violation is a Class E felony.

This provision takes effect January 1, 2017.

This provision is similar to SB 30 (2015) and HCS/HB 180 (2015).

DISSOLUTION PROCEEDINGS - 452.315 & 452.317

The act provides that any party, as part of a motion for temporary maintenance or support in a proceeding for dissolution of marriage or legal separation, may request the court to issue an order reallocating or reapportioning between the parties any or all health, dental, or vision insurance costs incurred during the dissolution or separation proceedings.

These provisions are identical to HCS/HB 95 (2015).

QUALIFIED SPOUSAL TRUSTS - 456.950 & 456.1-113

Current law provides that property held by a husband and wife as tenants by the entirety, joint tenants, or other form of joint ownership with right of survivorship shall be deemed to be held as tenants by the entirety upon its transfer to a qualified spousal trust and shall retain immunity from the claims of the separate creditors of the settlors.

This act provides that regardless of how the property was titled prior to being transferred to a qualified spousal trust, all property held in a qualified spousal trust shall have the same immunity from the claims of the separate creditors of the settlors as if the property were held by the settlors as tenants by the entirety. Property held in a qualified spousal trust shall no longer receive immunity from creditors' claims upon the dissolution of marriage of the settlors. Additionally, in the case of the dissolution of the settlors' marriage the rights of the settlors in property shall not be affected because of the transfer of such property to a qualified spousal trust, unless expressly agreed to otherwise in writing.

The act defines "property" as used in the sections of law regarding qualified spousal trusts and states that property transferred to a qualified spousal trust is still subject to fraudulent conveyance laws.

Additionally, the transfer of an asset to a trustee of any type of trust or to the trust itself subjects that asset to the terms of such trust.

These provisions are identical to the truly agreed to and finally passed HCS/SB 164 (2015), SCS/SB 481 (2015), and to provisions contained in SCS/HB 276 (2015), HCS/HB 1040 (2015), and HCS/SB 148 (2015).

ADMINISTRATION OF A DECEDENT'S ESTATE - 473.663

This act changes an intersectional reference to the statute which provides the time period that a will must be presented before a person can file a petition in the probate division for the administration of an estate to determine the heirs when administration of the estate has not commenced and no written will of the decedent presented.

This provision is identical to the truly agreed to and finally passed SCS/SB 340 (2015).

DIVISION TWELVE OF THE SIXTEENTH JUDICIAL CIRCUIT - 478.463

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

This provision is identical to the truly agreed to and finally passed SS/SCS/HB 799 (2015) and SB 439 (2015).

SURCHARGE IN ANY NONCHARTER SINGLE COUNTY CIRCUIT - 488.2206

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 be deposited into a separate account named the "Justice Center Fund." The moneys in the fund may be used to pay for the purchase, planning, construction, maintenance, and operation of the judicial facility unless a feasibility study, as specified in the act, has been conducted (488.2206).

This provision shall expire August 28, 2025.

This provision is similar to a provision in the truly agreed to and finally passed SS/SCS/HB 799 (2015).

JASPER COUNTY JUDICIAL FUND - 488.2244

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.

These provisions shall expire on August 28, 2025.

This provision is identical to the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 67 (2015), the truly agreed to and finally passed SS/SCS/HB 799 (2015) and is similar to HB 1172 (2015).

HOWELL COUNTY JUSTICE CENTER FUND - 488.2257

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.

These provisions shall expire on August 28, 2025.

These provisions are identical to provisions of the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 67 (2015) and the truly agreed to and finally passed SS/SCS/HB 799 (2015) and are similar to HB 183 (2015).

FUNERAL EXPENSES AND LIFE INSURANCE - 513.430

The act states that when a debtor is the beneficiary of a matured life insurance policy, the debtor may exempt from bankruptcy up to fifteen thousand dollars of such policy to be used for the expenses of funeral arrangements when the deceased is a parent, child, or spouse of the debtor (513.430).

This provision is identical to HB 276 (2015) and the truly agreed to and finally passed HCS/SB 164 (2015).

ACTIONS AGAINST MENTAL HEALTH PROFESSIONALS - 516.105

This act provides that all actions against mental health professionals for damages for malpractice or negligence related to health care shall be brought within two years from the date of occurrence of the act, with exceptions as provided in the act.

This provision is identical to HB 108 (2015).

PROSECUTION OF STEALING-RELATED OFFENSES - 541.033

Under current law, crimes are prosecuted in the county in which they occurred or any element of the offense occurred. Identity theft can also be prosecuted in the county in which the victim resides or the property obtained, or attempted to be obtained, was located.

This act provides that any offense of Chapter 570, which includes robbery, stealing, and other similar offenses, may also be prosecuted in the county in which the victim resides or conducts business or the property obtained, or attempted to be obtained, was located.

This provision is identical to SB 561 (2015).

STALKING - 565.225

This act adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program administered by the Secretary of State to the elements of aggravated stalking.

Beginning in 2017, as a result of SB 491 (2014), aggravated stalking will be known as stalking in the first degree. This act also adds the act of knowingly accessing, or attempting to access, the address of a participant of the address confidentiality program to the elements of first degree stalking.

This act is identical to SB 212 (2015) and SCS/SBs 112, 212, 143, & 234 (2015) and is similar to SB 710 (2014).

SEXUAL TRAFFICKING OF A CHILD - 566.210 TO 566.213

Under current law, a person commits sexual trafficking of a child by knowingly recruiting, enticing, harboring, transporting, providing, or obtaining a child to participate in a commercial sex act, a sexual performance, or the production of sexually explicit material. This act adds, as an element of sexual trafficking of a child, advertising the availability of a child to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material.

These provisions are identical to CCS/SCS/HB 152 (2015) and SCS/HCS/HB 734 (2015).

STEALING FROM A FINANCIAL INSTITUTION - 570.010 & 570.030

Under the act, it is a Class B felony to physically take or attempt to take property from a person when the property is owned by or in the custody of a financial institution. Physically taking property from a person is currently a Class D felony, unless the property is $25,000 or more in which case it is a Class C felony.

Financial institution is defined as a bank, trust company, savings and loan association, or credit union.

These provisions are identical to HB 254 (2015).

INTOXICATION-RELATED BOATING AND TRAFFIC OFFENSES - 577.010 & 577.012

This act reinserts a provision of current law allowing a judge to order a person to use continuous alcohol monitoring as a condition of probation for offenses of driving while intoxicated and driving with excessive blood alcohol content. This provision was repealed in the Revised Code. A definition of "continuous alcohol monitoring" was also reinserted.

ANIMAL OR LIVESTOCK TRESPASS - 578.005 - 578.040

Currently, the crime of animal trespass is defined as a person having ownership of an animal who fails to provide adequate control of the animal for a period of 12 hours or more.

Under this act, a person commits the offense of animal or livestock trespass by either failing to provide adequate control of any animal except livestock when the animal trespasses on another person's property or failing to provide adequate control of livestock for a period of 12 hours or more when the livestock trespasses on another person's property.

In addition, this act removes the maximum fines that may be charged for animal or livestock trespass, which potentially conflict with another provision of law setting the maximum fines for infractions and Class C misdemeanors. This act repeals a provision stating that reasonable costs for the care and maintenance of trespassing animals may not be waived.

These provisions are identical to SCS/SBs 112, 212, 143 & 234 (2015), HCS/SCS/SB 131 (2015), and HCS/HB 258 (2015).

CRIME VICTIMS' COMPENSATION FUND - 595.030

Under current law, the Crime Victims' Compensation Fund can pay eligible victims up to $200 per week for the loss of employment and for injury or death.

This act raises that amount to $400 per week.

In addition, this act provides that the Department of Public Safety may negotiate directly with providers of medical care and other services on behalf of the victim with respect to the costs of the medical or services.

This act is identical to SB 141 (2015) and SB 792 (2014) and is similar to HB 209 (2015).

PUBLIC DEFENDERS - 600.042 TO 600.101

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.

In addition, current law allows unexpended funds of up to $150,000 to remain in the Legal Defense and Defender Fund at the end of the fiscal year. This act removes the cap, so all unexpended money remains in the fund.

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.

This act repeals a provision requiring the Commission on Judicial Resources to report to certain Senate and House committees regarding office space for public defenders.

These provisions are identical to SCS/SB 91 (2015). A provision of this act is contained in the truly agreed to and finally passed SS/SCS/HB 799 (2015).

MEGHAN LUECKE


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