House Committee Substitute

HCS/SS/SCS/SB 72 - This act modifies provisions relating to judicial proceedings.

OFFICE OF CHILD ADVOCATE (SECTION 37.725)

Currently, the identity of a complainant or recipient shall not be disclosed by the Office of Child Advocate unless they or their legal representative consents or a court orders the disclosure. This act requires disclosure of such identities if requested by law enforcement as part of an investigation.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), SB 249 (2023), HCS/HB 776 (2023), and HS/HCS/HBs 1108 & 1181 (2023), and is similar to a provision in SCS/HB 677 (2023).

ACCESS TO EMPLOYEES' CRIMINAL RECORDS (SECTIONS 43.539 & 43.540)

Under current law, an entity participating in the Missouri or National Rap Back Program may request an employee's updated criminal history record upon receiving a notification that a new arrest has been reported on such employee if the employee has previously had a Missouri and national criminal record review within the previous six years. This act repeals the six year requirement.

These provisions are identical to provisions in the perfected HB 70 (2023), in the perfected HB 81 (2023), in HCS/HB 497 (2023), in HCS/HB 669 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).

TELECOMMUNICATOR FIRST RESPONDERS (SECTIONS 67.145, 70.631, 170.130, 190.091, 650.320 & 650.340)

This act adds "telecommunicator first responder" to the definition of "first responder" in various provisions of law.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), HB 567 (2023), HS/HCS/HBs 1108 & 1181 (2023) and is substantially similar to provisions in SCS/SB 46 (2023), HCS/SS/SCS/SBs 119 & 120 (2023), HB 427 (2023), SCS/HCS/HBs 640 & 729 (2023), HB 1637 (2022), HB 1676 (2022), SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and HCS/HB 2381 (2022).

VOTING QUALIFICATIONS (SECTIONS 115.133 & 561.026)

Under current law, no person shall be entitled to vote while confined under a sentence of imprisonment or while on probation or parole after conviction of a felony, until finally discharged from such probation or parole. This act changes those prohibitions by only prohibiting persons from voting while confined after conviction of a felony or after conviction of a felony or misdemeanor connected with the right of suffrage

Current law also provides that a person who is convicted of any offense shall be disqualified from registering and voting in any election while confined under a sentence of imprisonment. This act limits this provision to felonies while confined.

These provisions are substantially similar to SB 376 (2023) and are similar to HB 248 (2023), SB 542 (2020), HB 1780 (2020), HB 1951 (2020), HB 2268 (2020), HB 2362 (2020), HB 2410 (2020), SB 167 (2017), and SB 924 (2016).

BIRTH, DEATH, AND MARRIAGE RECORDS (SECTION 193.265)

This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), SB 464 (2023) and in HS/HCS/HBs 1108 & 1181 (2023), and is substantially similar to a provision in HCS/SS/SCS/SB 40 (2023) and HB 81 (2023).

MARIJUANA FACILITY BACKGROUND CHECKS (SECTION 195.817)

Under this act, the Department of Health and Senior Services shall require all employees, contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), HCS/SS/SCS/SB 40 (2023), HB 81 (2023), SB 464 (2023), in HCS/HB 669 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

SNAP ELIGIBILITY FOR INDIVIDUALS CONVICTED OF DRUG OFFENSES (SECTION 208.247)

This act repeals provisions of law allowing for individuals convicted of certain drug offenses to participate in SNAP only if certain conditions are met. Under this act, individuals convicted of a state or federal felony drug offense shall not be excluded from SNAP for such conviction.

This provision is identical to a provision in HCS/SS/SB 82 (2023) and in HCS/HB 719 (2023).

SERVICE OF SUMMONS IN TERMINATION OF PARENTAL RIGHTS (SECTION 211.453)

Current law provides that the court in cases involving termination of parental rights shall not require service of process to a parent whose identity is unknown and cannot be ascertained, or cannot be located. This act repeals this provision.

This provision is identical to HB 1001 (2023).

ARRESTS FOR TRAFFIC VIOLATIONS (SECTION 307.018 & 556.021)

This act provides that no court shall issue a warrant of arrest for a person's failure to respond or pay a fine for a traffic citation issued for an infraction. The court shall issue a notice of failure to respond and schedule a second court appearance. If the driver fails to respond after a third court appearance is scheduled, the court may enter a default judgment. The driver may appear in court after a default judgment to show proof the fine was paid.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), HB 305 (2023), and HS/HCS/HBs 1108 & 1181 (2023).

EMERGENCY VEHICLES: CANINE SEARCH AND RESCUE (SECTION 307.175)

This act clarifies that rescue squads shall include canine search and rescue teams and may operate emergency vehicles while responding to an emergency including calls requiring search and rescue operations.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and HB 1228 (2023).

COURT DISSOLUTION OF AN LIMITED LIABILITY COMPANIES (SECTION 347.143)

The act modifies the procedure by which a court may decree dissolution of an LLC. Specifically, the court may issue such a decree if it determines:

(1) It is not reasonably practicable to carry on the business in conformity with the operating agreement;

(2) Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;

(3) The business of the limited liability company has been abandoned;

(4) The management of the limited liability company is deadlocked or subject to internal dissension; or

(5) Those in control of the limited liability company have been found guilty of, or have knowingly countenanced, persistent and pervasive fraud, mismanagement, or abuse of authority.

This provision is identical to a provision in HB 85 (2023), HB 278 (2023), SB 401 (2023), and SB 475 (2023).

BUSINESS COVENANTS (SECTION 431.204)

This act provides that a reasonable covenant in writing promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere with, directly or indirectly, employees or owners of a business entity shall be presumed to be enforceable and not a restraint of trade if it is between a business entity and the owner of the business entity for a term no more than two years following the end of the owner's relationship with the business entity. Additionally, a reasonable covenant in writing promising not to solicit, induce, direct, or otherwise interfere with a business entity's customers shall be enforceable if the covenant is limited to customers with whom the owner dealt and if the covenant between an entity and owner does not continue for more than five years following the end of the owner's relationship with the business entity. Furthermore, a written provision by which an owner promises to provide notice of termination, selling, or otherwise disposing of ownership in the business entity shall be presumed to be enforceable and not a restraint of trade.

If a covenant is overbroad, overlong, or otherwise not reasonably necessary to protect the protectable business interests of the business entity seeking enforcement of the covenant, a court shall modify the covenant, enforce the covenant as modified, and grant only the relief reasonably necessary to protect such interests.

This act is not intended to create or affect the validity or enforcement of covenants not to compete or nondisclosure or confidentiality agreements. Additionally, this act shall not be construed to limit an owner's ability to seek or accept employment with another business entity upon termination of the owner's relationship with a business entity.

This provision is identical to SB 367 (2023), HB 902 (2023), a provision in HCS/SS#2/SCS/SB 968 (2022) and in HCS/SS/SCS/SB 931 (2022) and is similar to a provision in SB 833 (2022), HB 1688 (2022), SB 181 (2021), HB 1008 (2021), in SCS/HCS/HB 1204 (2021), SCS/HCS/HB 1242 (2021), SB 922 (2020), and HB 2684 (2020).

ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 & 435.300 TO 435.312)

This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, either by rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may:

(1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court;

(2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or

(3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process.

Once a motion has been filed, the ADR process shall not occur until a ruling and if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense.

A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall:

(1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest;

(2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and

(3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest.

After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writing or if the organization administering the ADR process determines under the parties' written agreement that the neutral may continue to serve. Any party believing a court-appointed neutral has a conflict of interest may request for the neutral to recuse himself or may file a motion for disqualification. Additionally, the court may require a change of a neutral if necessary to protect the rights of an unrepresented party.

ADR communications, as defined in the act, shall not be admissible as evidence in any proceeding or subject to discovery. However, evidence that is otherwise admissible or subject to discovery shall not be inadmissible or protected from discovery solely because of its disclosure or use in the ADR process. Additionally, a court may admit communications, upon motion by a party and following a hearing, if the court finds that the communication is relevant and admissible and was:

(1) Made in the presence of a mandated reporter and pertains to abuse or neglect that such mandated reporter is required to report;

(2) A substantial threat or statement of a plan to inflict bodily injury capable of causing death or substantial bodily harm that is reasonably certain to occur;

(3) Intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime; or

(4) Necessary to establish or defend against a professional misconduct or malpractice claim that is based on conduct occurring during the ADR process.

If requested by a party or if necessary to ensure confidentiality, the hearing shall be conducted in the judge's chambers. A participant, including the neutral, has standing to intervene in any proceedings in order to object to the admissibility of communications made by such participant.

Additionally, this act provides that no neutral, or agent or employee of the neutral or of the neutral's organization, shall be subpoenaed or compelled to disclose any ADR communication. No neutral who is a licensed attorney shall be required to disclose any ADR communication of which a reporting obligation in the rules of professional conduct of attorneys might otherwise apply. However, a neutral may be subpoenaed to enforce a written settlement agreement, but only to testify that the parties signed such agreement in his or her presence. The court may order the party seeking admission of an ADR communication to pay the costs and fees of the neutral or any other participant who intervenes to contest the admission or who responds to a subpoena regarding the ADR communications.

Unless a written agreement provides for a binding ADR process, the processes conducted pursuant to this act shall be nonbinding. Furthermore, this act shall not preclude any court from referring any matter to a nonbinding ADR process.

This act shall only apply to ADR processes referred by court order or rule or by a written agreement of the parties expressly providing for this act to apply. This act is not intended to undermine the right to a jury trial nor does this act require any party to settle any claim or attend a mediation with counsel.

If the court has not referred the parties to an ADR process or if the parties elect not to use the provisions of this act, the process shall be regarded as settlement negotiations. If the parties have agreed in writing to an ADR process but have not invoked the provisions of this act, the neutral shall not be subpoenaed or otherwise compelled to disclose any matter revealed in the setting up or conducting such ADR process. Finally, this act requires all settlement agreements to be in writing.

These provisions are identical to HB 82 (2023), are substantially similar to SB 215 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1148 (2022), SB 591 (2021), HB 953 (2021), and HB 2534 (2020), and are similar to HB 2660 (2022).

CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 & 455.513)

This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.

These provisions are identical to HCS/HB 355 (2023), provisions in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).

UNIFORM ELECTRONIC WILLS AND ELECTRONIC ESTATE PLANNING DOCUMENTS ACT (SECTIONS 474.540 TO 474.564)

This act establishes the "Uniform Electronic Wills and Electronic Estate Planning Documents Act," which provides for the execution of wills through electronic methods.

An electronic will shall be a will for all purposes of the laws of this state. An electronic will is a record that is readable, and remains accessible, as text at the time of signing by the testator or by another individual in the testator's name, in the testator's physical presence, and by the testator's direction. Additionally, an electronic will shall be signed by at least two individuals in the physical or electronic presence of the testator within a reasonable amount of time after witnessing the signing of the will or acknowledgment of the will or signing. Additionally, this act provides that an electronic will not executed in compliance with these requirements shall still be an electronic will under this act if executed in compliance with the law of the jurisdiction where the testator is physically located, domiciled, or resides when the will signed or where the testator is domiciled or resides upon his or her death.

The intent of the testator that the record be an electronic will may be established by extrinsic evidence. As provided in the act, an electronic will may be made self-proving by acknowledgment of the testator.

An electronic will may revoke all or part of a previous will and an electronic will shall be revoked by use of:

(1) A subsequent will that revokes the electronic will expressly or by inconsistency;

(2) A written instrument signed by the testator declaring the revocation; or

(3) A physical act, if established by a preponderance of the evidence that the testator, with the intent of revoking, performed or directed another individual to perform the act in the testator's physical presence.

Additionally, if there is evidence that a testator signed an electronic will, but neither the electronic will nor a certified paper copy can be located after a testator's death, there shall be a presumption that the testator revoked the electronic will, even if no instrument or later will revoking such electronic will can be located. At any time during the administration of the estate or as determined by the court if there is no grant of administration, the court may issue an order for a custodian of an account held under a terms-of-service agreement to disclose digital assets for purposes of obtaining an electronic will from the account of a deceased user.

Furthermore, this act provides that any written estate planning document, as defined in the act, may be executed electronically and no such estate planning document shall be invalid or void solely because of its electronic form or electronic signatures. Any written estate planning document that requires one or more witnesses to the signature of a principal may be witnessed by any individual in the electronic presence of the principal. Additionally, this act provides that a person who acts in reliance upon an electronically executed written estate planning document shall not be liable to any person for so relying and may assume without inquiry the valid execution of the electronically executed written estate planning document.

An individual may create a certified paper copy of an electronic will or estate planning document by affirming under penalty of perjury that a paper copy of the electronic will or document is complete, true, and accurate copy. If a provision of law or rule of procedure requires a will or document to be presented or retained in its original form or provides consequences for the failure to present or retain the will or document in its original form, a certified paper copy shall satisfy the provision or rule.

This act also supersedes the federal Electronic Signatures in Global and National Commerce Act, except for certain provisions relating to consumer disclosures, and does not authorize electronic delivery of certain notices.

Finally, this act shall apply to any will of a decedent who dies on or after August 28, 2023, and to any written estate planning document signed or remotely witnessed on or after August 28, 2023.

These provisions are identical to provisions in HB 881 (2023) and is similar to SB 569 (2023).

ESTATE PLANNING DURING COVID-19 (SECTION 474.600)

With respect to the execution of an estate planning document, a person required for the execution of an estate planning document shall be deemed to have satisfied any physical presence requirement under Missouri law during the COVID-19 state of emergency if the following requirements were met:

(1) The signor affirmatively represented that the signor was physically in this state;

(2) The notary was physically located in this state and stated the county he or she was physically located in;

(3) The notary identified the signors to the satisfaction of the notary and Missouri law;

(4) Any persons whose signature was required appeared using video conference software where live, interactive audio-visual communication between the principal, notary, and any other necessary person allowed for observation, direct interaction, and communication at the time of signing; and

(5) The notary recorded in his or her journal the exact time and means used to perform the act.

These requirements shall be deemed satisfied if a licensed Missouri attorney present at the remote execution signs a written acknowledgment made before an officer authorized to administer oaths and evidenced by the officer's certificate, which shall be affixed to or logically associated with the acknowledgment.

This provision is identical to a provision in a provision in HCS/HB 881 (2023) and is substantially similar to SB 569 (2023).

GUARDIANSHIP & CONSERVATORSHIP: APPOINTMENT OF GRANDPARENTS AND PERSONS ACTING AS PARENTS (SECTIONS 475.010, 475.045, 475.050, 475.063 & 488.2300)

This act provides that the court shall consider persons acting as a parent for a minor entering adult guardianship, as defined in the act, to be appointed as guardians or conservators. This act also provides that the court shall adopt forms for petitions for emergency and full orders regarding minor entering adult guardianship or conservatorship and court clerks shall provide assistance to petitioners who are not represented by counsel with the procedures for filing such petitions. Notice of such assistance shall be posted in the clerk's office and the location where such petition is filed shall be posted in the court building. Additionally, no filing fees, court costs, bonds, or clerk assistance shall be assessed to petitioners. However, the fees for certain court-appointed individuals in guardianship and conservatorship hearings and expenses incurred as a result of petitions filed in accordance with this act shall be reimbursed from the Family Services and Justice Fund, which moneys may be appropriated into by the General Assembly.

Currently, individuals, except for public administrators and certain family members, seeking appointment as a guardian or conservator are required to submit a background screening to the court. This act includes any persons acting as a parent and any grandparent that is seeking a guardianship or conservatorship of a minor grandchild from the exempted individuals unless such background report is requested by other persons identified in the act. Additionally, any grandparent that is seeking a guardianship or conservatorship of a minor grandchild shall not be subject to a home assessment unless requested by certain parties.

These provisions are identical to provisions HCS/HB 881 (2023), HB 911 (2023), HB 1204 (2023) and is similar to provisions in HCS/SS/SCS/SB 683 (2022), HB 2056 (2022), in HCS#2/SCS/SB 91 (2021), HB 1003 (2021), HCS/HB 1558 (2020).

COURT AUTOMATION (SECTION 476.055)

Currently, there are twenty-three members of the Court Automation Committee. This act increases the number of members to twenty-five by adding two municipal employees who work full-time in a municipal division of a circuit court.

Additionally, this act repeals the provision that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, and the provision that the court fee collected for the Statewide Court Automation Fund shall expire on September 1, 2023. Finally, this act repeals the provision requiring the Court Automation Committee to complete its duties by September 1, 2025, and repeals the expiration date for the provision establishing the Statewide Court Automation Fund and the Court Automation Committee.

This provision is substantially similar to a provision in SCS/HCS/HB 90 (2023), HCS/SCS/SB 103 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023), and is similar to SB 223 (2023), SB 1122 (2022) and HB 2702 (2022).

CONFIDENTIALITY OF CERTAIN CASES IN COURT CASE MANAGEMENT SYSTEM (SECTION 476.1025)

This act provides that a parent, spouse, child, or personal representative of a person who was convicted of a misdemeanor offense may file a motion with a copy of the death certificate in the court of conviction to have the record made confidential on any automated case management system if the person has been deceased for six months or more. Prior to making such conviction confidential, the court shall determine whether any person would be unfairly prejudiced by the confidentiality of such conviction.

This provision is identical to HCS/HB 371 (2023) and is similar to HB 1599 (2022), HB 972 (2021), and HB 2514 (2020).

JUDICIAL PRIVACY ACT (SECTIONS 476.1300 TO 476.1313)

This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.

Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act. A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.

After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees. These provisions shall not apply to the Missouri State Highway Patrol.

No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.

A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association nor shall make the judicial officer's personal information available through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.

No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.

Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.

A judicial officer's written request shall specify what personal information shall be maintained as private and shall make a reasonable effort to identify specific publicly available content in possession of the government agency. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.

A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.

Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of his or her written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.

These provisions are identical to provisions in HCS/SCS/SB 103 (2023) and SS/SCS/HCS/HB 301 (2023) and similar to provisions in HB 2037 (2022).

COMPENSATION OF COURT REPORTERS (SECTION 485.060)

This act modifies the annual salary of court reporters for a circuit judge by providing that the percentage based on each court reporter's cumulative years of service with the circuit courts shall include the percentage increases for the previous range of years of service. Additionally, this act repeals the provision stating that a court reporter may receive multiple adjustments as the years of service increase, but that only one percentage increase shall apply to the annual salary at a time.

This provision is identical to a provision in the perfected HCS/HB 90 (2023), in the perfected SCS/SB 103 (2023), SB 154 (2023), HB 537 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023).

REFERENCES TO THE CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (SECTION 487.110)

This act modifies references to the title and sections of law of Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act for the provision relating to child custody proceedings in family courts.

This provision is identical to a provision in HCS/SS/SB 198 (2023), HCS/SS/SB 213 (2023), HB 500 (2023), SB 528 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), in HCS/HB 1058 (2023), in HB 1151 (2023), and in HB 1271 (2023).

ST. LOUIS CITY CIRCUIT COURT CIVIL CASE FILING SURCHARGE (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, the fee may be up to $20. This act provides that the circuit court in the City of St. Louis may charge a filing surcharge up to $20.

This provision is identical to HB 787 (2023), a provision in HCS/HB 986 (2023), and in the perfected HCS/HBs 994, 52 & 984 (2023), and is substantially similar to SB 252 (2023), SB 1209 (2022), HB 1963 (2022), HB 143 (2021), HB 1554 (2020), HB 1224 (2019), a provision in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).

ADMISSIBILITY OF STATEMENTS OF CHILDREN AND VULNERABLE PERSONS IN CRIMINAL CASES (SECTIONS 491.075 & 492.304)

Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.

Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person, as defined in the act, relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and the perfected HCS/HB 454 (2023).

JURY DUTY (SECTION 494.430)

Currently, upon timely application to the court, a person who is seventy-five years of age or older shall be excused from service as a petit or grand juror. This act provides that a person who is seventy years of age or older may request to be excused from jury duty.

This provision is identical to a provision in HCS/SS#2/SB 22 (2023) and in HS/HCS/HBs 1108 & 1181 (2023) and is similar to HB 104 (2023), HB 493 (2023), HB 658 (2023), HB 1887 (2022), HB 609 (2021), and HB 1791 (2020).

COMPENSATION OF JURORS (SECTION 494.455)

This act provides that the governing body of any county or the City of St. Louis may provide that no grand or petit juror shall receive compensation for the first two days of service, unless the county commission authorizes compensation to such a juror for the first two days of service not to exceed ten dollars per day. For the third and any subsequent days, a juror shall receive fifty dollars for each day the juror actually serves as such and $0.07 for every mile necessarily traveled from his or her place of residence to the courthouse and returning. The compensation shall be paid from funds of the county.

This provision is identical to a provision in SCS/HCS/HBs 994, 52 & 984 (2023) and is similar to HB 87 (2023), SB 1006 (2022), HB 1551 (2022), a provision in HCS#2/SCS/SB 91 (2021), SB 621 (2021), HCS/HB 160 (2021), and HB 2426 (2020).

EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (SECTION 509.520)

This act also provides that beginning August 28, 2023, pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court, shall not include any personal information of a minor and, if applicable, any next friend. However, such information shall be provided in a confidential filing sheet, which shall not be subject to public inspection or availability.

This provision is identical to a provision in the perfected HCS/HB 90 (2023), in HCS/SCS/SB 103 (2023), in HCS/SS#2/SB 823 (2022), and in SCS/HCS/HB 2151 (2022) and is similar to SB 302 (2023), a provision in HCS/SS#2/SB 761 (2022) and in SB 872 (2022).

UNIFORM INTERSTATE DEPOSITION AND DISCOVERY ACT (SECTIONS 510.500 TO 510.521)

This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri.

To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.

The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.

These provisions shall apply to requests for discovery in cases pending on August 28, 2023.

These provisions are identical to HB 84 (2023), SB 394 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1005 (2022), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).

BAIL AND CONDITIONS OF RELEASE DETERMINATIONS (SECTION 544.453)

When a judge or judicial officer sets bail or conditions of release for any offense charged, he or she shall consider whether:

(1) A defendant poses a danger to a victim of crime, the community, any witness to the crime, or any other person;

(2) A defendant is a flight risk;

(3) A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last five years; and

(4) A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last three years.

This provision is identical to HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), SB 632 (2023), SB 695 (2023), a provision in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1093 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), in SCS/HB 2697, HB 1589 & HCS/HB 2127 (2022), and in HCS/HB 2246 (2022), and is similar to SB 888 (2022) and SB 487 (2021).

CONVICTION REVIEW UNIT (SECTION 547.500)

Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.

The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.

Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.

Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), in the perfected SS/SCS/SBs 189, 36 & 37 (2023), and in SCS/HS/HCS/HBs 1108 & 1181 (2023).

CHANGE OF VENUE FOR CAPITAL CASES FUND (SECTION 550.125)

This act creates the "Change of Venue for Capital Cases Fund" which shall provide funding to counties from which a case was transferred in order to reimburse the county in which the case was transferred to for any costs associated with the sequestering of jurors. The county from which the case was transferred may apply to the Office of State Courts Administrator for such funds. The costs of reimbursement shall not exceed the then-approved state rates for travel reimbursement for lodging and meals.

Additionally, the Office of State Courts Administrator shall develop an application process and other procedures to determine if a county is eligible for reimbursement. In the event that the amount disbursed is less than the costs of sequestering the jurors, the original county shall reimburse the difference to the county to which the case was transferred. If the Office of State Courts Administrator determines the county is not eligible for reimbursement, the original county shall reimburse the county to which the case was transferred.

Applications for reimbursement shall be submitted to the Office of State Courts Administrator by May 1st of the current fiscal year and disbursement shall be made by June 30th of the current fiscal year. If the total dollar amount of the claims in a given year exceeds the amount of money in the fund, the claims shall be reimbursed on a pro rata basis.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), HB 83 (2023), SB 472 (2023), in HS/HCS/HBs 1108 & 1181 (2023), SB 1019 (2022), and HB 1548 (2022), is substantially similar to SB 620 (2021) and HCS/HB 157, and similar to provisions in HCS/HB 1331 (2020) and in SS#2/SCS/HB 1450, HB 1296, HCS/HB 1331 & HCS/HB 1898 (2020).

BEHAVIORAL HEALTH SERVICES FOR CERTAIN ACCUSED PERSONS (SECTION 552.020)

Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain opinions as to the accused's mental fitness to proceed in the reasonably foreseeable future and recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions.

This provision is identical to a provision in HCS/SS/SCS/SB 106 (2023), in SS/SCS/SBs 189, 36 & 37 (2023), and in HCS/HBs 1082 & 1094 (2023), and is substantially similar to SCS/SB 387 (2023).

CREDIT FOR TIME SERVED (SECTION 558.031)

Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence.

This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence.

This provision is identical to a provision in HCS/HBs 119, 372, 382, 420, 550 & 693 (2023), in the perfected SS/SCS/SBs 189, 36 & 37 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HCS/HB 1133 (2023) and is similar to a provision in SS/SCS/HCS/HB 301 (2023), HCS/SS#3/SB 22 (2023) and SB 650 (2023).

INFORMATION FROM PAROLE OFFICERS (SECTION 559.125)

This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court except for criminal proceedings.

This provision is identical to HB 776 (2023) and is similar to a provision in HCS/SS#3/SB 22 (2023), HB 196 (2023), and HB 1227 (2023).

UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)

Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.

This provision is identical to a provision in HCS/SCS/SB 103 (2023) and SCS/HCS/HBs 994, 52 & 984 (2023).

OFFENSES OF ENTICEMENT OF A CHILD & OFFENSE OF PATRONIZING PROSTITUTION (SECTION 566.151 & 567.030)

Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.

Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in HCS/HB 454 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), HB 2590 (2022), and in SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022).

OFFENSE OF PROPERTY DAMAGE IN THE FIRST DEGREE: TELLER MACHINES (SECTIONS 569.010 & 569.100)

This act adds to the offense of property damage in the first degree if such person knowingly damages, modifies, or destroys a teller machine or otherwise makes it inoperable.

This offense is a class D felony unless committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which exceeds $750 or the damage to the teller machine exceeds $750, in which case it is a class C felony. It shall be a class B felony if committed for the purpose of obtaining the personal financial credentials of another person or if the person has committed a second or subsequent offense of damaging a teller machine.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), the perfected SB 186 (2023), HS/HCS/HBs 1108 & 1181 (2023), and SCS/SB 831 (2022).

OFFENSE OF STEALING: TELLER MACHINES (SECTIONS 570.010 & 570.030)

This act adds that the offense of stealing shall be a class C felony if the property stolen is a teller machine or the contents of a teller machine including cash regardless of the value or amount stolen.

Additionally, this act adds that the offense of stealing shall be a class E felony if the property stolen is a letter, post card, or package delivered by common carrier.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), the perfected SB 186 (2023), HS/HCS/HBs 1108 & 1181 (2023), and SCS/SB 831 (2022).

OFFENSE OF TAMPERING WITH A JUDICIAL OFFICER (SECTION 575.095)

This act provides that a person commits the offense of tampering with a judicial officer if the person disseminates through any means the judicial officer's personal information as provided in the act. Additionally, this act provides a judicial officer shall include a judge or commissioner of state or federal court. If a judicial officer or a member of his or her family is injured or dies, the offense is a class B felony.

This provisions is identical to a provision in the perfected HCS/HBs 994, 52 & 984 (2023) and is similar to a provision in HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), HB 389 (2023), and SB 695 (2023).

OFFENSE OF TAMPERING WITH ELECTRONIC MONITORING EQUIPMENT (SECTION 575.205)

This act modifies the offense of tampering with electronic monitoring equipment to provide that a person commits the offense if he or she intentionally removes, alters, tampers with, damages, destroys, fails to charge, or otherwise disables electronic monitoring equipment which a court or the Parole Board has required such person to wear.

The offense of tampering with electronic monitoring equipment if the person fails to charge or otherwise disables the electronic monitoring equipment is a Class E felony, unless the offense for which the person was placed on electronic monitoring was a misdemeanor, in which case it is a Class A misdemeanor.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), HB 86 (2023), SB 470 (2023), SB 878 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), HB 1547 (2022), SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022), and is similar to SB 619 (2021) and HCS/HB 156 (2021).

OFFENSE OF TAMPERING WITH AN ELECTED COUNTY OFFICIAL (SECTION 578.712)

This act creates the offense of tampering with an elected county official, which shall be a class D felony, if with the purpose to harass, intimidate, or influence such official in the performance of such official's duties, the person disseminates through any means the elected county official's or his or her family's personal information. If the violation results in death or bodily injury of an elected official or a member of an elected official's family, the offense is a class B felony.

This provision is identical to HB 405 (2023).

OFFENSE OF DELIVERY OF A CONTROLLED SUBSTANCE (SECTIONS 579.021 & 579.022)

This act creates the offenses of delivery of a controlled substance causing serious physical injury which shall be a class C felony. This act also creates the offense of delivery of a controlled substance causing death which shall be a class A felony.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), HCS/SB 186 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).

DRUG TRAFFICKING (SECTIONS 579.065 & 579.068)

Under current law, a person commits the offense of drug trafficking in the first or second degree if he or she is distributing or purchasing more than 8 grams or more than 24 grams of a mixture containing a cocaine base.

This act repeals those provisions.

These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in SS/SCS/SBs 189, 36 & 37 (2023), in SS/SCS/HCS/HB 301 (2023), SB 705 (2023), and HB 1176 (2023), and is similar to provisions in SCS/HS/HCS/HBs 1108 & 1181 & HCS/HB 1133 (2023).

SEXUAL OFFENDER REGISTRY (SECTIONS 589.401, 589.403, 589.410, & 589.414)

Under current law, certain sexual offenders who are required to register as a sexual offender are not eligible to petition the court to have his or her name removed from the sexual offender registry.

This act provides that the following people are not eligible to file a petition for removal from the sexual offender registry:

(1) Any tier III offender;

(2) Any person who is currently a resident of this state who has been convicted of a sexual offense in another state which would require him or her to register in this state or any person who has registered as a sexual offender on the federal sexual offender registry or other state sexual offender registry; or

(3) Any person who was required to register for a sexual offense against a minor or against an incapacitated person.

Additionally, this act provides that if an offender is currently registered and released from a correctional facility, the official in charge of a correctional facility shall inform the chief law enforcement official of the county where the offender is registered of the offender's release. The chief law enforcement official shall also enter the completed offender form into the Missouri State Highway Patrol's Sex Offender registration system within three days and the Missouri State Highway Patrol shall forward the form to the National Crime Information Center.

Finally, this act changes offenses which are currently tier I and II sexual offenses to tier III offenses as provided in the act.

These provisions are substantially similar to provisions in HCS/SS#3/SB 22 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and SB 656 (2023).

CRIME VICTIMS' COMPENSATION FUND (SECTIONS 595.045)

This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023) and in HS/HCS/HBs 1108 & 1181 (2023).

PUBLIC DEFENDER - FEDERAL AND OTHER FUND (SECTION 600.042)

Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.

This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.

This provision is identical to SB 245 (2023), HB 663 (2023), a provision in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1039 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and HB 2370 (2022).

CLOSED RECORDS (SECTION 610.021)

This act provides that information on security measures, data provided to a tip line, or information in a suspicious activity report provided to certain public entities shall be closed records under the Missouri Sunshine Law.

This provision is identical to a provision in HCS/SS#3/SB 22 (2023), SCS/HB 81 (2023), and in HS/HCS/HBs 1108 & 1181 (2023), and is similar to SB 630 (2023) and in SCS/HCS/HB 1015 (2023).

COMPENSATION FOR WRONGFUL CONVICTIONS (SECTION 650.058)

Under current law, only individuals who are exonerated based on DNA evidence may receive restitution for a wrongful conviction.

This act provides that any individual who was later determined to be innocent as a result of another evidentiary method may be paid restitution. Such individual may receive an amount of $179 per day for each day of postconviction incarceration for the offense the individual is found to be innocent, up to $65,000 per fiscal year.

Any individual who receives restitution pursuant to this act shall be prohibited from seeking any civil redress from the state or a political subdivision.

Any individual found innocent pursuant to this act shall receive an automatic order of expungement from the court in which he or she pled guilty or was sentenced and may also be awarded other nonmonetary relief, such as counseling and housing assistance.

This provision is substantially similar to SCS/SBs 253, 146& 446 (2023), SB 1094 (2022), and HB 2474 (2022) and substantially similar to HB 1569 (2022), HB 2592 (2022), HB 2639 (2022), and HCS/HB 2412 (2022).

KATIE O'BRIEN


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