SB 871 Modifies provisions relating to orders of protection for a child, circuit clerks being named a party in expungement proceedings, court reporter fees, service of process after the expiration of the statute of limitations, and judicial positions
Sponsor: Romine
LR Number: 5748H.02T Fiscal Notes
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 6/29/2018 - Signed by Governor Journal Page: S2518
Title: HCS SB 871 Calendar Position:
Effective Date: August 28, 2018
House Handler: Trent

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Current Bill Summary


HCS/SB 871 - This act modifies provisions relating to orders of protection for a child, circuit clerks being named a party in expungement proceedings, court reporter fees, and service of process after the statute of limitations has expired in certain actions and adds an additional associate circuit judge in certain counties.

ORDER OF PROTECTION FOR A CHILD (455.513)

Under current law the court may immediately issue an ex parte order of protection for a child upon a finding that no prior order regarding custody is pending. This act adds that the prior order regarding custody that is pending must involve the respondent and the child.

This provision is identical to SB 1046 (2018).

JUDICIAL POSITIONS (478.600, 478.625, 478.375)

This act authorizes an additional associate circuit judge in the Eleventh Judicial Circuit, who shall be elected in 2020.

The act provides that Cole County shall have two associate circuit judges, with the second associate judge also being elected in 2020.

This provision is identical to a provision in the truly agreed to and finally passed version of SB 793 (2018) and HCS/HB 2410 (2018).

The act repeals a provision authorizing a new circuit judicial position in the Sixth Judicial Circuit when a new jail is constructed.

This provision is also repealed in the truly agreed to and finally passed version of SB 793 (2018) and HCS/HB 2410 (2018).

CIRCUIT COURT CLERKS (483.075)

The act provides that provisions requiring the clerk of the county commission to perform the duties of the circuit clerk when the circuit clerk is named a party to a suit do not apply when the circuit clerk is named a party in an expungement proceeding.

This provision is identical to a provision in the truly agreed to and finally passed version of HB 2562 (2018).

COURT REPORTER FEES (488.2250)

Currently for the preparation of all appellate transcripts of testimony or for proceedings in any circuit court, the court reporter shall receive three dollars and fifty cents per page. This act repeals the specification that the court reporter is to receive three dollars and fifty cents per page in circuit court proceedings. Also, the act repeals the provision specifying that the court reporter is to be reimbursed three dollars and fifty cents per legal page for the preparation of such transcripts.

This provision is identical to HB 1487 (2018) and SCS/SB 169 (2017) and to provisions contained in SCS/HB 1249 (2018), the truly agreed to and finally passed version of HB 2562 (2018), HB 2544 (2018), HCS/HB 380 (2017), HCS/HB 597 (2017), SCS/HCB 1 (2017), and the truly agreed to and finally passed version of SB 128 (2017).

SERVICE OF PROCESS AFTER THE EXPIRATION OF THE STATUTE OF LIMITATIONS (516.105, 537.100)

The act provides that in a claim against a health care provider for damages for malpractice or negligence when the defendant is served after the statute of limitations has expired, if such service is not made within one hundred eighty days of filing the petition, then the court shall dismiss the action.

Likewise, in an action for wrongful death when a defendant is served after the statute of limitations has expired and such service is not made within one hundred eighty days of the petition being filed, then the court shall dismiss the action.

In both circumstances the dismissal shall be without prejudice, unless the plaintiff has previously taken or suffered a nonsuit.

These provisions are identical to provisions in HCS/HB 1793 (2018) and the truly agreed to and finally passed version of HB 2562 (2018) and substantially similar to SB 809 (2018), provisions in SCS/SB 1102 (2018), and SCS/SB 524 (2017).

JESSI JAMES