SCS/SB 897 - This act modifies provisions relating to judicial proceedings.MORATORIUM ON EVICTION PROCEEDINGS (SECTION 67.137)
This act provides that no county, municipality, or political subdivision shall impose or enforce a moratorium on eviction proceedings unless specifically authorized by law.
This provision is identical to a provision in the perfected SS/SB 895 (2024), SB 222 (2023), is substantially similar to HB 1455 (2024), a provision in HB 1886 (2024), HB 2062 (2024), in HCS/HB 2206 (2024), in HB 730 (2023), in HCS/HB 1682 (2022), in HCS/HB 2218 (2022), and in SCS/HB 2593 (2022), and is similar to a provision in SB 239 (2023), in SB 1044 (2022), in SS/HCS/HB 1662 (2022), and in HB 2360 (2022).
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 the perfected HCS/HB 2064 (2024), 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).
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT (SECTIONS 320.500 TO 320.528)
This act established the "Firefighters Procedural Bill of Rights Act".
Firstly, this act provides that no firefighter shall be prohibited from engaging or be required to engage in political activity or from running for political office except in certain circumstances.
Additionally, this act provides that when a firefighter is under investigation or under interrogation which could lead to disciplinary action, dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer, the investigation shall include the following conditions:
(1) The interrogation shall be conducted at a reasonable hour when the firefighter is on duty or if held during off duty hours, the firefighter shall be compensated;
(2) The firefighter shall be informed of the officer or person in charge of and present at the investigation and shall be questioned only by up to two investigators;
(3) The firefighter shall be informed of the nature of the alleged violation and who will be conducting the investigation;
(4) Any investigation shall be conducted for a reasonable length of time;
(5) Prior to an interview session, the firefighter shall be informed that he or she is being ordered to answer questions under threat of disciplinary action and that the firefighter's answers to the questions will not be used against the firefighter in a criminal proceeding;
(6) The firefighter shall not be threatened, harassed, or promised rewards for answering questions, except that a firefighter may be compelled to give protected statements to an investigator under direct control of the employer;
(7) The employer shall not cause the firefighter to be subjected to visits by the press or news media without his or her express written consent and the firefighter's contact information and his or her dependents' personal identifying information shall be held confidential;
(8) A statement made during interrogation by a firefighter under coercion, or threat of punitive action, shall not be admissible in any subsequent judicial proceeding, except as provided in the act;
(9) The interrogation may be recorded and if so recorded, the firefighter is entitled to access to the record and to any notes or reports of the investigation kept by the agency and a copy shall be provided to the firefighter upon request;
(10) The firefighter is entitled to have a representative present during the interrogation; and
(11) The employer shall not require the firefighter to disclose any personal social media account.
These conditions shall not be construed to apply to counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other firefighter.
Furthermore, this act provides that a firefighter shall not be subjected to punitive action, or denied promotion, or threatened with that treatment, because of the lawful exercise of the rights granted this act or the exercise of any rights under any existing administrative grievance procedure. Additionally, punitive action or denial of promotion on grounds other than merit shall not be undertaken against any firefighter who has successfully completed the probationary period without first providing the firefighter with an opportunity for administrative appeal. This act states that a fire chief shall not be removed without providing written notice, the reason for removal, and an opportunity for administrative appeal. Finally, punitive action or denial of promotion on grounds other than merit shall not be undertaken for any act, omission, or other allegation of misconduct if the investigation is not completed within one year of discovery by the employing fire department or licensing or certifying agency, except as provided in the act.
Additionally, this act provides that if, after investigation and any predisciplinary response or procedure, the employing department or licensing or certifying agency decides to impose discipline, that department or agency shall notify the firefighter in writing of its decision to impose discipline within 30 days but not less than 48 hours prior to imposing the discipline.
This act provides that firefighters shall have the opportunity to read any adverse comments in their personnel file and shall have 30 days to file a written response to such comments. Additionally, every employer shall, at reasonable times and at reasonable intervals, upon the request of a firefighter, during usual business hours, with no loss of compensation to the firefighter, permit that firefighter to inspect his or her personnel files and ask for corrections to any portion of the material is mistakenly or unlawfully placed in the file which shall either be granted or refused within 30 days.
This act further states that a firefighter shall not be compelled to submit to a lie detector test against his or her will and that disciplinary action shall not be taken for such refusal. Additionally, a firefighter shall not be required to disclose any item of his or her property, income, assets, debts, or expenditures, unless that information is otherwise required to be furnished pursuant to law or court order. Furthermore, a firefighter shall not have his or her assigned locker that may be assigned to him or her searched, except in certain circumstances provided in the act.
This act provides that a firefighter may bring an action for violation of these provisions for injunctive or other extraordinary relief. Upon a finding by the court that a fire department maliciously violated any provision of this act with the intent to injure the firefighter, the fire department shall, for each and every violation, be liable for a civil penalty not to exceed $25,000, actual damages, and reasonable attorney's fees as may be determined by the court. A fire department shall not be required to indemnify a contractor if there is a hold harmless or similar provision that protects the fire department from liability for the actions of the contractor. An individual shall not be liable for any act for which a fire department is liable under this provision.
Nothing in this act shall be construed to limit the ability of any employment department, licensing or certifying agency, or any firefighter to fulfill mutual aid agreements with other jurisdictions or agencies nor shall the act be construed to limit any jurisdictional or interagency cooperation under any circumstances where that activity is deemed necessary or desirable.
Additionally, this act states that any employer shall provide legal defense for any firefighter who, while acting in the normal course of his or her duties, is named as a defendant in civil litigation relating to such duties.
Finally, it shall be unlawful for any employing department or licensing or certifying agency to deny or refuse to any firefighter the rights and protections guaranteed by this act, except for volunteer fire departments which may opt into the provisions of this act. However, the rights and protections of this act shall apply only to a firefighter during events and circumstances involving the performance of his or her official duties.
These provisions are substantially similar to HCS/HB 1769 (2024) and is similar to HB 2459 (2024), HB 1147 (2023),
COURT DISSOLUTION OF A LIMITED LIABILITY COMPANY (SECTION 347.143)
The act modifies the procedure by which a court may decree dissolution of a limited liability company. Specifically, in addition to circumstances where it is not reasonably practicable to carry on the business in conformity with the operating agreement, the court may issue such a decree if it determines: (1) Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;
(2) The business of the limited liability company has been abandoned;
(3) The management of the limited liability company is deadlocked or subject to internal dissension; or
(4) 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 HCS#2/HB 1886 (2024), in HCS/HB 2064 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 85 (2023), HB 278 (2023), SB 401 (2023), and SB 475 (2023), and is substantially similar to HB 1458 (2024).
ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 AND 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 of such ADR process. Finally, this act requires all settlement agreements to be in writing.
These provisions are identical to SB 1096 (2024), provisions in HCS#2/HB 1886 (2024), and in HCS/HB 2064 (2024), and are substantially similar to HB 1456 (2024), provisions in CCS/HCS/SS/SCS/SB 72 (2023), HB 82 (2023), 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).
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (SECTIONS 452.705, 452.730, 452.885 AND 487.110)
This act modifies the Uniform Child Custody Jurisdiction and Enforcement Act by permitting the court, upon a filing of a petition as described in the act, to issue an ex parte warrant to take physical custody of a child if the court finds that there is a credible risk that the child is imminently likely to suffer wrongful removal. Additionally, the court may, before issuing the warrant and before determining placement of the child, order a search of certain databases to determine if the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. A respondent shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but no later than the next judicial day unless a hearing on that date is impossible.
This act also 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.
These provisions are identical to provisions in HB 1660 (2024), in HCS/SS/SB 198 (2023), HCS/HB 1058 (2023), and in HCS/SS/SB 213 (2023).
UNIFORM CHILD ABDUCTION PREVENTION ACT (452.1100 TO 452.1122)
This act establishes the "Uniform Child Abduction Prevention Act", which permits the court, either on its own or through a party's petition, to order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child, as described in the act. An abduction prevention order may include:
(1) An imposition of travel restrictions;
(2) A prohibition on the respondent removing the child from this state, the United States, or another area without permission of the court or the petitioner's written consent, removing or retaining the child in violation of a child custody determination, removing the child from school or a child care or similar facility; or approaching the child at any location other than a supervised visitation site;
(3) A requirement to register the order in other states as a prerequisite to allowing the child to travel to those states;
(4) A direction that the child's name be placed on the U.S. Department of State's Child Passport Issuance Alert Program, a requirement that any of the child's United States or foreign passports be surrendered, and a prohibition on applying for a new or replacement passport or visa on behalf of the child;
(5) A requirement that the respondent provide to the U.S. Department of State Office of Children's Issues and the relevant foreign consulate or embassy, an authenticated copy of the order detailing passport and travel restrictions for the child along with proof of completion of such requirements;
(6) Upon the petitioner's request, a requirement that the respondent obtain an order from the relevant foreign country containing terms identical to the child custody determination issued in the United States.
In an abduction prevention order, the court may impose conditions on the exercise of custody or visitation that:
(1) Limit visitation to be supervised and order the respondent to pay the costs of supervision;
(2) Require the posting of a bond or provide other security in an amount sufficient to serve as a financial deterrent to abduction, the proceeds of which may be used to pay for the reasonable expenses of recovery of the child, including reasonable attorney's fees and costs if there is an abduction; and
(3) Require the respondent to obtain education on the potentially harmful effects to the child from abduction.
Additionally, to prevent imminent abduction of a child, a court may:
(1) Issue a warrant to take physical custody of the child;
(2) Direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination; or
(3) Grant any other relief allowed under the law.
These provisions are substantially similar to provisions in HB 1660 (2024, in HCS/SS/SB 198 (2023), HCS/HB 1058 (2023), and in HCS/SS/SB 213 (2023).
UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT (SECTIONS 453.700 TO 453.742)
This act establishes the "Uniform Unregulated Child Custody Transfer Act", which specifies that a parent or guardian of a child or an individual with whom a child has been placed for adoption shall not transfer custody of the child to another person with the intent to abandon the rights and responsibilities concerning the child except through adoption or guardianship, a judicial award of custody, placement through a child-placing agency, judicial action, or through the Safe Place for Newborns Act of 2002. A violation of this provision shall be a class B misdemeanor.
If the Children's Division of the Department of Social Services has a reasonable basis to believe that a person has transferred or will transfer custody of a child in violation this act, the Children's Division may conduct a home visit and take appropriate action to protect the welfare of the child.
Furthermore, this act provides that a person shall not solicit or advertise to identify a person to which to make a transfer of custody in violation of this act, to identify a child for a transfer of custody in violation of this act, or to act as an intermediary in a transfer of custody in violation of this act. A violation of this provision is a class B misdemeanor.
This act additionally provides that a child-placing agency shall provide to the prospective adoptive parent, as such term is defined in the act, within a reasonable time before adoption placement, certain general adoption information described in the act and certain information that is specific to the child that is known to or reasonably obtainable by the agency and is material to the prospective adoptive parent's informed decision to adopt the child. Additionally, a child-placing agency shall provide to the prospective adoptive parent specific guidance and instruction as provided by the act regarding the child to help prepare the parent to respond effectively to needs of the child that are known to or reasonably ascertainable by the agency. Finally, on request, the child-placing agency or the Children's Division shall provide information about how to obtain financial assistance or support services to assist the child or parent to respond effectively to adjustment, behavioral health, and other challenges and to help preserve the placement or adoption.
This act further provides that law enforcement or the Children's Division can initiate investigations or proceedings to determine whether a child-placing agency has failed to comply with the provisions of this act, which can result in either law enforcement filing for injunctive relief or initiating an administrative proceeding, or the Children's Division suspending or revoking the agency's license or any other action permitted by law.
These provisions shall apply to:
(1) A transfer of custody on or after August 28, 2024;
(2) Soliciting or advertising on or after August 28, 2024;
(3) Adoption placements more than sixty days after August 28, 2024.
These provisions are substantially similar to HB 2631 (2024) and HB 2642 (2022).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 AND 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 provisions in HCS#2/HB 1886 (2024), HB 2437 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).
QUALIFIED SPOUSAL TRUSTS (SECTION 456.950)
This act modifies the definition of "qualified spousal trust" to include the provision of terms that provide during the life of a sole surviving settlor, in addition to terms of which provide for the joint lives of settlors.
This act additionally provides that all property, except for written financial obligations, written guarantees, or secure or unsecured transactions, held in a qualified spousal trust shall continue to be immune and exempt from attachment during the life of the surviving settlor to the extent that the property was held in a qualified spousal trust prior to the death of the first settlor and remains in a qualified spousal trust. Furthermore, property may be held in or transferred to a settlor's joint or separate share of a trust by designation under the current trust terms, pursuant to the specified titling of property or other designation that refers to such joint or separate share, or designation to the trustee as the owner as provided in current law.
This provision is identical to a provision in SCS/SBs 1221 & 988 (2024), HB 1782 (2024), and in HCS/HB 1886 (2024).
PRINCIPAL PLACE OF ADMINISTRATION OF A TRUST (SECTION 456.1-108)
This act provides that the notice of proposed transfer of a trust's principal place of administration shall include a notice stating that a change in the place of administration may result in a change of the trust's governing law, which may affect the rights of any beneficiaries in ways the new governing law differs from the current governing law.
This provision is identical to a provision in SCS/SBs 1221 & 988 (2024) and SB 569 (2023).
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 was 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 a 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, 2024, and to any written estate planning document signed or remotely witnessed on or after August 28, 2024.
These provisions are substantially similar to provisions in SCS/SBs 1221 & 988 (2024), in HCS#2/HB 1886 (2024), in HCS/HB 2064 (2024), in HB 2109 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), in SB 569 (2023), and in HB 881 (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 signer affirmatively represented that he or she 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 signers to the satisfaction of the notary and Missouri law;
(4) Any person 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 substantially similar to a provision in SCS/SBs 1221 & 988 (2024), in HCS#2/HB 1886 (2024), in HCS/HB 2064 (2024), in HB 2109 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), in SB 569 (2023), and in HB 881 (2023).
GUARDIANSHIP & CONSERVATORSHIP: APPOINTMENT OF GRANDPARENTS AND PERSONS ACTING AS PARENTS (SECTIONS 475.010, 475.045, 475.050, 475.063 AND 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, temporary, and full orders regarding a minor entering adult guardianship or conservatorship and court clerks shall assist 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 the results of 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 in the category of exempted individuals unless such background report is requested by any other party, the guardian ad litem, or the court. 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 in HCS/HB 1886 (2024), in HB 2109 (2024), in CCS/HCS/SS/SCS/SB 72 (2023) and are similar to provisions in HCS/HB 881 (2023), in HB 911 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), in HB 1204 (2023), in HCS/SS/SCS/SB 683 (2022), HB 2056 (2022), in HCS#2/SCS/SB 91 (2021), HB 1003 (2021), and HCS/HB 1558 (2020).
MENTAL HEALTH TREATMENT COURTS (SECTION 478.001)
Currently, the treatment court divisions of the circuit courts may include an adult treatment court, DWI court, family treatment court, juvenile treatment court, and veteran treatment court, which are specialized courts focused on addressing substance abuse disorders, mental health disorders, and co-occurring disorders of certain criminal defendants. This act provides for the establishment of a mental health court within a treatment court division to provide an alternative for the disposal of cases that stem from mental health or co-occurring disorders of criminal defendants.
This provision is identical to SB 1370 (2024) and is substantially similar to a provision in HCS/HB 2064 (2024) and in HCS/HB 2700 (2024).
COMPENSATION OF JURORS (SECTIONS 488.040 & 494.455)
Currently, a juror shall receive seven cents per mile to and from his or her place of residence and the courthouse. This act modifies the mileage rate of jurors to the mileage rate of state employees, which is currently provided at sixty-five and half cents. Current law also provides that grand or petit jurors in certain counties, including in Clay and Greene, shall not receive compensation for the first two days of service, but shall receive fifty dollars with seven cents per mile for the third and any subsequent days that the juror actually serves. This act provides that the governing body of the county or the City of St. Louis may adopt a system of juror compensation that provides grand or petit jurors to receive no compensation on the first two days of actual service, but receive fifty dollars with the state employee mileage rate for the third and any subsequent days of actual service.
These provisions are identical to SCS/SB 1220 (2024), are substantially similar to provisions in HCS#2/HB 1886 (2024), in HCS/HB 2064 (2024), and in HCS/HB 2700 (2024) and are similar to provisions in SB 897 (2024) and HB 1457 (2024).
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 SB 1023 (2024), a provision in CCS/HCS/SS/SCS/SB 72 (2023), HB 787 (2023), in HCS/HB 986 (2023), and in the perfected HCS/HBs 994, 52 & 984 (2023), and is substantially similar to a provision in HB 1512 (2024), in HCS#2/HB 1886 (2024), 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 SB 905 (2024), SB 906 (2024), SB 1245 (2024), SB 1398 (2024), HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and the perfected HCS/HB 454 (2023).
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, 2024.
These provisions are identical to SB 394 (2023) and SB 1005 (2022), are substantially similar to provisions in HCS#2/HB 1886 (2024), HB 1452 (2024), HCS/HB 2064 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), HB 84 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).
PROPERTY WITH COLLECTIBLE JUDGMENTS FILINGS (SECTION 534.157)
This act provides that all transfers of title of real property for rental properties with outstanding collectible judgments shall be filed in the circuit court within 30 days after transfer.
This provision is identical to a provision in perfected SS/SB 895 (2024), in HCS#2/HB 1886 (2024), in CCS/HCS/SS/SB 222 (2023), SB 146 (2021), HB 1378 (2020), and HB 174 (2019) and is substantially similar to HB 2579 (2018).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.528 AND 537.529)
This act establishes the "Uniform Public Expression Protection Act". Currently, any action against a person for conduct or speech undertaken or made in connection with a public hearing or meeting in a quasi-judicial proceeding before a tribunal or decision-making body of the state or a political subdivision thereof is subject to a special motion to dismiss, a motion for judgment on the pleadings, or motion for summary judgment and any such motion shall be considered by the court on a priority or expedited basis. This act repeals this provision and creates procedures for dismissal of causes of action asserted in a civil action based on a person's:
(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;
(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or
(3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or the Missouri Constitution, on a matter of public concern.
However, this act shall not apply to a cause of action asserted:
(1) Against a governmental unit, as described in the act, or an employee or agent of a governmental unit acting in an official capacity;
(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or
(3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the sale or lease of such goods or services.
No later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action covered by this act, or at a later time upon a showing of good cause, a party may file a special motion to dismiss. The court shall hear and rule on such motion no later than 60 days after the filing of the motion, unless the court orders a later hearing to allow for limited discovery or upon good cause. However, this act provides that the court shall hear and rule on the motion for dismissal no later than 60 days after the order allowing for discovery.
This act provides that all other proceedings between the moving party and the responding party in the action, including discovery and any pending hearings or motions, shall be stayed upon the filing of the special motion to dismiss. Additionally, this act provides that the court may stay, upon motion by the moving party, a hearing or motion involving another party or discovery by another party if a ruling on such hearing or motion or discovery relates to a legal or factual issue.
Any stay pursuant to this act shall remain in effect until the entry of an order ruling on the special motion to dismiss and the expiration of the time to appeal the order. A moving party may appeal an order denying the special motion to dismiss in whole or in part within 21 days of such order. If a party appeals an order ruling on a special motion to dismiss, this act provides that all proceedings between all parties shall be stayed until the conclusion of the appeal.
The court may allow discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the requirements of this act and such information is not reasonably available without discovery. Additionally, a motion for costs and expenses, voluntary dismissal, or a motion to sever shall not be stayed. During a stay, the court upon good cause may hear and rule on any motions unrelated to the special motion to dismiss and any motions seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
In ruling on a special motion to dismiss, this act provides that the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in a ruling on a motion for summary judgment. The court shall dismiss the cause of action with prejudice if:
(1) The moving party has established that the cause of action is covered by this act;
(2) The responding party has failed to establish that this act does not apply to the cause of action; and
(3) Either the responding party failed to establish a prima facie case as to each essential element of the cause of action, or the moving party has established that the responding party failed to state a cause of action upon which relief can be granted or that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law.
A voluntary dismissal without prejudice of a cause of action that is subject to a special motion to dismiss pursuant to this act shall not affect the moving party's right to obtain a ruling on the motion and seek costs, reasonable attorneys' fees, and reasonable litigation expenses. Additionally, if the moving party prevails on the motion, this act provides that such costs, fees, and expenses shall be awarded to the moving party. A voluntary dismissal with prejudice of a cause of action that is subject to a special motion to dismiss establishes that the moving party prevailed on the motion. The responding party shall be entitled to such costs, fees, and expenses if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with the intent to delay the proceeding.
Finally, this act applies to causes of action filed or asserted on or after August 28, 2024.
These provisions are identical to provisions in HB 1785 (2024), CCS/HCS/SS/SCS/SB 72 (2023) and are substantially similar to provisions in SB 1293 (2024), HCS#2/HB 1886 (2024), SB 432 (2023), HB 750 (2023), SB 1219 (2022), in HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021).
UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT (SECTION 537.1300 TO 537.1316)
This act establishes the "Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act", which provides that an individual who is depicted in an intimate image, who is identifiable in such image, and who suffers a harm from a person's intentional disclosure or threatened disclosure of such intimate image without the individual's consent has a cause of action against the person if the person knew or acted with reckless disregard about whether the depicted individual consented to the disclosure, about whether the intimate image was private, and about whether the depicted individual was identifiable. The identity of the plaintiff may be protected in court filings and documents. Furthermore, this act specifies certain exceptions to liability for disclosure of an intimate image. A cause of action for an unauthorized disclosure or threat to disclose shall be brought four years from the date the disclosure was discovered or should have been discovered or from the date of the threat to disclose, respectively.
This act is substantially similar to HB 2728 (2024) and HB 2024 (2022).
INFORMATION RECEIVED BY PROBATION & 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 a provision in CCS/HCS/SS/SCS/SB 72 (2023), is substantially similar to a provision in HB 1954 (2024), HB 196 (2023), in HCS/SS#3/SB 22 (2023), and in HB 1227 (2023), and is similar to a provision in HCS/HB 1886 (2024), in HCS/HB 2700 (2024), HCS/SS/SCS/SBs 189, 36 & 37 (2023), and in HCS/HB 776 (2023).
OFFENSES OF ENTICEMENT OF A CHILD & OFFENSE OF PATRONIZING PROSTITUTION (SECTION 566.151 AND 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 SS#2/SCS/SB 811 (2024), in SB 906 (2024), in SB 1245 (2024), in SB 1398 (2024), in HB 1450 (2024), in HB 1541 (2024), in HCS#2/HB 1886 (2024), in HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), in HCS/HB 454 (2023), in HS/HCS/HBs 1108 & 1181 (2023), in HB 1637 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and in SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022), and are similar to provisions in SB 1398 (2024) and in HCS/HBs 1706 & 1539 (2024).
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 HB 1454 (2024), in HCS/HB 2700 (2024), in HCS/SS#3/SB 22 (2023), in HCS/SS/SCS/SB 72 (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).
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#2/HB 1886 (2024), in HCS/HB 2700 (2024), in HCS/SS#3/SB 22 (2023), in CCS/HCS/SS/SCS/SB 72 (2023), and in HS/HCS/HBs 1108 & 1181 (2023).
FUNDING FOR THE OFFICE OF THE PUBLIC DEFENDER (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 a provision in SS#2/SCS/SBs 754, 746, 788, 765, 841, 887 & 861 (2024), SB 1379 (2024), SCS/HCS/HB 1659 (2024), and in SCS/HB 2088, HB 1705 and HCS/HB 1699 (2022), and is substantially similar to a provision in HCS/HB 2700 (2024), HB 2382 (2024), in HCS/HB 2064 (2024), SB 245 (2023), SB 1039 (2022), and HB 2370 (2022).
KATIE O'BRIEN