Missouri Senate

Senate Substitute

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 287(2019), SCS/HB 1691 (2018), and SCS/HB 1800 (2018), and are substantially similar to HB 1080 (2017).

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 substantially similar to provisions in the perfected HCS/HB 1083 (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 substantially similar to SCS/SB 8 & 74 (2019).

KATIE O'BRIEN