SS/SCS/HCS/HB 192 - This act modifies provisions relating to court procedures, including charges for service of court orders, driver's license revocation proceedings, travel safe zone fines, appellate procedures for certain decisions, the public defender's office, judges in municipal courts, procedures for minor traffic violations, payment of fines, and required minimum prison sentences.
CHARGES FOR SERVICE OF COURT ORDERS (SECTION 57.280)
Currently, only sheriffs receive $10 for service of any summons, writs, subpoenas, or other court orders. This act specifies that other persons specially appointed to serve court orders shall also receive $10 for service, which shall be deposited into the Deputy Sheriff Salary Supplementation Fund.
This provision is identical to SCS/SBs 12 & 123 (2019), HCS/HBs 746 & 722 (2019), and HCS/HB 1356 (2018).
DRIVER'S LICENSE REVOCATION PROCEEDINGS (SECTIONS 302.574 AND 479.500)
This act specifies that where authorized by local court rule, traffic court judges in St. Louis County may review decisions of the Director of Revenue or Department of Revenue to revoke a person's driver's license for refusal to submit to a chemical test.
These provisions are identical to SB 137 (2019), provisions in CCS/SS/HCS#2/HB 499 (2019), and SB 1005 (2018).
TRAVEL SAFE ZONE FINES (SECTION 304.590)
This act specifies that a court may, rather than shall, double the fine for certain traffic offenses when committed in a travel safe zone designated by the Missouri Department of Transportation.
This provision is identical to SB 91 (2019) and to a provision in CCS/SS/HCS#2/HB 499 (2019).
APPELLATE PROCEDURES FOR PUBLIC SERVICE COMMISSION DECISIONS AND ORDERS (SECTIONS 386.510 AND 386.515)
Currently, an applicant may appeal a decision or order from the Public Service Commission by filing a notice of appeal with the Commission, which the Commission shall then forward to the appropriate appellate court. Under this act, an applicant may file a notice of appeal with the appellate court directly.
These provisions are identical to provisions contained in SCS/HB 355 (2019), SCS/HCS/HB 287 (2019), SCS/HB 1691 (2018), and SCS/HB 1800 (2018), and are substantially similar to HB 1080 (2017).
PUBLIC DEFENDER'S OFFICE DISTRICT PLAN (SECTIONS 476.001 AND 600.042)
This act repeals the requirement that the Director of the Public Defender's Office prepare a plan to establish district offices, which shall coincide with existing judicial circuits.
These provisions are identical to CCS/SCS/SB 83 (2019), CCS/SS/SCS/SB 230 (2019), and HB 868 (2019).
MUNICIPAL COURTS AND MINOR TRAFFIC VIOLATIONS (SECTIONS 479.020, 479.353, AND 479.354)
Currently, a judge cannot serve as a municipal judge in more than five municipalities at one time. This act provides that a court serving more than one municipality shall be treated as a single municipality for purposes of this requirement.
When an individual has been held in custody on a notice to show cause or an arrest warrant for a minor traffic violation, this act allows the court, on its own or by motion of a party, to waive or reduce the original fine or sentence when reasonable.
A defendant shall be given the date and time of required appearance 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. If the notice is not properly given, the court shall reissue the notice, citation, or summons with a date and time specifically set forth for the defendant to appear.
These provisions are identical to provisions in SCS/HCS/HB 67 (2019) and similar to provisions in HB 1249 (2018).
PAYMENT OF FINES (SECTIONS 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 this provision.
Under this act, a municipal judge, associate circuit judge, or circuit judge has the discretion to provide for the payment of any fines 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, except as a lien against real estate, or may be waived by the sentencing judge.
These provisions are similar to provisions in the perfected HCS/HB 1083 (2019) and HCB 2 (2019).
MINIMUM PRISON SENTENCES (SECTION 558.019)
Under current law, all classes of felonies, except those with specific minimum sentences and those involving controlled substances, are subject to statutorily required minimum prison terms. This act provides that such minimum prison terms shall only apply to certain named offenses as listed in the act.
Under this act, minimum prison terms shall no longer apply to offenders who were convicted of or pled guilty to a felony offense that is no longer subject to a minimum prison term before August 28, 2019. Any such offender shall be eligible for parole, conditional release, or other early release.
This provision is similar to SCS/SB 8 & 74 (2019), SS#3/SCS/HB 113 (2019), and HCB 2 (2019).