HCS/HB 1083 - This act modifies various provisions relating to courts, including the division of securities, civil case filing fees, and the payment of fines.
DIVISION OF SECURITIES (SECTION 476.419)
This act prohibits a court from dividing securities among multiple recipients in a way that would transform negotiable securities to nonnegotiable securities. A court may divide securities into increments equal to a multiple of an allowable tradeable amount. An allowable tradeable amount is a minimum amount or denomination accepted by the industry as defined in the original security's statement or offering document.
If these provisions prevent the distribution of property as other law requires, the court may distribute securities and other property so that the total value of property is close as practically possible to the proper proportion, liquidate the securities and distribute the resulting money, or take any other action, including a combination of the two preceding options.
This provisions is identical to a provision in SCS/HB 599 (2019).
CIVIL CASE FILING FEE (SECTION 488.426)
Currently, any circuit court may collect a civil case filing surcharge of an amount not to exceed $15 for the maintenance of a law library, the county's or circuit's family services and justice fund, or courtroom renovation and technology enhancement. If the circuit court reimburses the state for salaries of family court commissioners or is the circuit court in Jackson County, then the fee may be up to $20. Under this act, the circuit court in the city of St. Louis may also charge a filing surcharge up to $20.
This provision is identical to HB 124 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).
PAYMENT OF FINES (SECTION 543.270 AND 558.006)
Currently, associate circuit judges have the power to commute fines and costs of any defendant who is unable to pay if the defendant requests to be imprisoned in the county jail. The imprisonment is credited at a rate of $10 per day. This act repeals these provisions.
Under this act, a municipal judge, associate circuit judge, or circuit judge has the discretion to provide for the payment of any fines assessed by the judge on an installment basis. The recovery of costs incurred by the municipality or county for the detention, imprisonment, or holding of any person shall not be the subject of any condition of probation. Additionally, the failure to pay such costs shall not be the sole basis for the issuance of a warrant.
Currently, when a defendant defaults in the payment of fines, the court may require the defendant to show cause as to why he or she should not be imprisoned. If no such showing is made, the court may imprison a defendant for a specified term depending on whether the underlying offense was a felony, misdemeanor, or infraction. If the defendant makes such a showing, then the court may enter an order allowing for additional time, reducing the amount of the fine, or revoking the fine in whole or in part. If a fine is imposed on a corporation, the person authorized to make disbursements of the corporation's assets shall pay the fine and failure to pay will result in such person's imprisonment. This act repeals these provisions and provides that the fine shall be collected by any means authorized for the collection of money judgments or may be waived by the sentencing judge.
These provisions are identical to provisions in HCB 2 (2019) and similar to provisions in SS/SCS/HCS/HB 192 (2019).