Missouri Senate

Senate Substitute

NUISANCE ABATEMENT (82.1025, 82.1027, 82.1028)

The act establishes the Neighborhood Restoration Act. Under current law, a property owner or a neighborhood organization in certain cities and counties may bring a nuisance action for damages or injunctive relief. This act includes the City of Springfield among those cities and counties which are regulated by these provisions.

These provisions are identical to SB 554 (2018) and SB 393 (2017) and to provisions in SCS/HB 1249 (2018).

TREATMENT COURTS (208.151, 217.703, 478.001, 478.003, 478.004, 478.005, 478.007, 478.009, 478.446, 478.550, 478.600, 478.716, 488.2230, 488.5358, 577.001)

This act modifies provisions relating to speciality courts including DWI courts, drug courts, and veterans treatment courts.

This act allows judicial circuits to establish treatment court divisions. Such divisions shall have jurisdiction to hear cases involving substance-involved offenders and to make use of comprehensive supervision, drug or alcohol testing, and treatment services. The treatment court divisions may contain specialized courts such as adult treatment court, DWI court, family treatment court, juvenile treatment court, or veterans treatment court. Upon successful completion of the treatment court program, the charges or penalty against the offender may be dismissed, reduced, or modified.

The juvenile division of any circuit court may establish a juvenile treatment court. The juvenile division may refer juveniles to such court when the juvenile is determined to have committed acts that violate the criminal laws of the state and has a substance use disorder or co-occurring disorder, as defined in the act, which contributed to the commission of the offense.

A majority of the judges of the circuit court may designate one judge to hear cases in the treatment court division and act as a treatment court commissioner. The Supreme Court may assign a treatment court commissioner to serve in another treatment court division of another circuit, upon the approval of the presiding circuit judge of the receiving court.

Prior to each treatment court session, the treatment court team shall meet to discuss the treatment of a treatment court participant. A treatment court team shall consist of the judge, the treatment court administrator, the prosecutor, a public defender or member of the criminal defense bar, a representative from probation and parole, a representative from law enforcement, substance use disorder providers, and any other person selected by the treatment court team. The court shall make the final decision regarding the appropriate incentive or sanction to be applied to the participant based on information presented in the meeting.

When a defendant in a criminal case is determined eligible, the judge may order the defendant to the treatment court division for treatment 1) prior to the entry of the sentence; 2) as a condition of probation; or 3) upon consideration of a motion to revoke probation. A circuit that has a treatment court division may accept participants from any other jurisdiction based upon the residency of the participant in the receiving circuit or the unavailability of a treatment court in the transferring circuit. A transfer must be agreed upon by the parties to the action, the judge of the transferring court, and the judge of the receiving treatment court.

Each treatment court within a treatment court division shall establish criteria for determining eligibility of a participant in a treatment court and for determining successful completion of that treatment court program.

The Drug Courts Coordinating Commission is renamed the Treatment Courts Coordinating Commission, which is tasked with coordinating the allocation of resources to all treatment courts in the state. Likewise, the Drug Court Resources Fund is also renamed the Treatment Court Resources Fund. The Commission shall establish standards and practices for the courts of the treatment court divisions. Each treatment court shall adopt policies consistent with the standards established by the Commission. Treatment courts that do not comply with the Commission's standards shall be prohibited from accepting new participants and must submit a written plan for the completion of treatment for existing participants to the Commission and the Office of State Courts Administrator.

These provisions are identical to provisions contained in SCS/HB 1249 (2018).

SEALED COURT RECORDS (476.175)

A judge may order that a civil judgment or any portion thereof be sealed for good cause and such record shall not be subject to inspection by a public official or employee of the court, unless pursuant to court order.

This provision is identical to a provision in SCS/HB 1249 (2018).

MUNICIPAL ORDINANCE AND MINOR TRAFFIC VIOLATIONS (302.321, 302.341, 479.020, 479.190, 479.353, 479.354, 479.355, 479.357, 479.360)

Currently, a judge cannot serve as a municipal judge in more than five municipalities at one time. This act states that a court serving multiple municipalities shall be treated as a single municipality for the purposes of this requirement.

Excluding in the City of Lee's Summit, municipal judges and municipal court personnel, including prosecutors, are prohibited from supervising, hiring, firing, or disciplining a probation officer or probation personnel assigned by the municipality.

If a defendant charged with a minor traffic ordinance violation fails to appear and the court finds there is not good cause for failing to appear, then the court may order the suspension of the defendant's driver's license. If a defendant's license is suspended and he or she subsequently operates a motor vehicle, then the defendant shall be guilty of a misdemeanor under the provisions regarding driving without a proper license. Likewise, for failure to appear following either a minor traffic ordinance violation or a municipal ordinance violation the court may order that the defendant participate in community service.

When an individual has been held in custody on a notice to show cause warrant for a minor traffic violation, this act allows the court to waive or reduce the original fine or sentence when reasonable.

A defendant must be given the date and time to appear in court at the same time he or she is given a notice to appear in court, citation, or summons for a minor traffic violation, and failure to provide such information shall render the notice to appear void.

Additionally under current law, counties and towns with a municipal court must file with the State Auditor a report demonstrating compliance with certain municipal court procedures. One procedure is that the municipal court is to make use of community service alternatives at no cost to the defendant. This act removes the provision stating that the community service alternatives are to be offered at no cost to the defendant.

Certain provisions are identical to provisions in SCS/HB 1249 (2018) and substantially similar to provisions in SCS/HB 2562 (2018), the perfected version of SB 553 (2018), the truly agreed to and finally passed version of SB 128 (2017), HCS/SS/SB 124 (2017), SCS/HCB 1 (2017), and HCS/HB 380 (2017).

COURT REPORTERS (488.2250)

Currently for the preparation of all appellate transcripts of testimony or for proceedings in any circuit court, the court report 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 SB 871 (2018), to a provision of SCS/HB 1249 (2018), HB 1487 (2018), and SCS/SB 169 (2017) and to provisions contained in HCS/HB 380 (2017), HCS/HB 597 (2017), SCS/HCB 1 (2017), and the truly agreed to and perfected version of SB 218 (2017).

GUARDIAN AD LITEM FEES (514.040)

Under current law, when a party is represented in a civil action by a legal aid society, a legal services, or other certain nonprofit organization all costs and expenses may be waived without needing a motion and court approval if the society or organization files with the court a certification that the party is unable to pay such costs and expenses.

This act excludes guardian ad litem (GAL) fees from this provision of current law and requires an updated certification to be filed prior to a trial commencing when a GAL has been appointed. A party requesting the court to apportion GAL fees may make a motion to the court upon the conclusion of the action to review the fee waiver. Any party may present additional evidence on the financial condition of the parties and, based upon that evidence, the court may order the certifying party to pay a portion of the GAL fees if the court finds that party has the present ability to pay such fees.

Any failure to pay GAL fees shall not preclude a certifying party from filing future suits and shall not be used as a basis to limit the certifying party's prosecution or defense of the action.

These provisions are identical to HB 2101 (2018) and to provisions in SCS/HB 1249 (2018).

PROSECUTORS (Section 1)

In counties with a population of more than 250,000 people, a person is prohibited from serving as a municipal prosecuting attorney and city attorney for the same political subdivision.

This provision is identical to a provision contained in SCS/HB 1249 (2018).

JESSI JAMES