FIRST REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 411

89th GENERAL ASSEMBLY


S0547.01I

AN ACT

     To annul Supreme court rules 32.03 and 51.03 relating to change of venue from counties with a population of seventy-five thousand or fewer.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Supreme court rule 32.03 is annulled.

[RULE 32.03 MISDEMEANORS OR FELONIES--CHANGE OF VENUE AS A MATTER OF RIGHT IN CERTAIN COUNTIES--PROCEDURE

          (a) A change of venue shall be ordered in any criminal proceeding triable by a jury pending in a county having seventy-five thousand or fewer inhabitants upon the filing of a written application therefor by the defendant. In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. The defendant need not allege or prove any reason for change. The application need not be verified and shall be signed by the defendant or the defendant's attorney.

          (b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.

          (c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.]

     Section B. Supreme court rule 51.03 is annulled.

[RULE 51.03 CHANGE OF VENUE FROM INHABITANTS AS MATTER OF RIGHT IN COUNTIES OF SEVENTY-FIVE THOUSAND OR LESS INHABITANTS--PROCEDURE

          (a) A change of venue shall be ordered in a civil action triable by jury that is pending in a county having seventy-five thousand or less inhabitants upon the filing of a written application therefor not later than ten days after answer is due to be filed; except (1) in condemnation cases the application shall be filed not later than ten days after exceptions to the commissioner's report are filed and (2) in any civil action in which an answer is not required to be filed the application must be filed within ten days after the return date of the summons or order to show cause. The applicant need not allege or prove any cause for such change. The application need not be verified and may be signed by any party.

          (b) A copy of the application and notice of the time when it will be presented to the court shall be served on all parties.

          (c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties, first giving all parties the opportunity to make suggestions as to where the case should be sent.]