HCS HB 488, 206 & 357 -- COURT PROCEDURE

SPONSOR:  May (108)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 18 to 0.

This substitute modifies several provisions relating to court
procedure.  In its major provisions, the substitute:

(1)  Prohibits chiropractors from testifying concerning any
information that the chiropractor acquired from a patient while
the patient was being treated if that information was necessary
to provide treatment (Section 491.060);

(2)  Allows the jury supervisor, in accordance with the circuit
court's guidelines, to postpone a prospective juror's service to
a later date (Section 494.415);

(3)  Lowers the minimum age for jury service from 21 to 18
(Section 494.425);

(4)  Prohibits jurors from attending court for prospective jury
service for more than two days unless the juror is selected to
serve on a panel for jury service under Section 494.420.2 or in
one particular case (Section 494.445);

(5)  Requires jurors to receive $50 per day for each day of
service.  The governing body of each county and St. Louis City
must pay jurors within 30 days of when the jury commissioners
submit the statement of fees to the governing body (Section
494.455);

(6)  Allows the court to impanel as many alternate jurors as are
necessary for a case.  Current law limits the court to no more
than four alternate jurors.  Each side is allowed one additional
peremptory challenge for each two alternate jurors.  Each
additional challenge must be used only against alternate jurors
(Section 494.485);

(7)  Requires in landlord-tenant actions a court date to be
assigned at the time the summons is issued and that court date
must be not more than 21 business days from the date the summons
is issued unless the plaintiff consents to a later date.  The
summons must also be served at least four days before the court
date specified in the summons (Sections 534.070, 534.090, and
535.030); and

(8)  Requires the originating county to pay the jury costs when
a change of venue is granted in a civil case (Section 1).

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that it is fundamentally unfair for
persons between the ages of 18 and 20 to be sued but not allowed
to serve on juries.  Extending the doctor-patient privilege to
chiropractors and their patients is important so that patients
may feel secure disclosing all information that is necessary for
treatment.  It is important to allow more time between when a
summons is issued and the court date is assigned in landlord--
tenant actions, because the current time limits are not
sufficient.  It is necessary to consider reforms in statutes
covering jury service because, under the current statutes,
required jury service is so long and burdensome that it is
becoming difficult to obtain a broad base of individuals to
serve.

Testifying for the bill were Representatives May (108), Rizzo,
Schwab, and Hosmer; Judge Miles Sweeney; Missouri AFL-CIO; and
Students of the University of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Katharine Hickel Barondeau, Legislative Analyst

HB 488 -- Jury Service

Co-Sponsors:  May (108), Patek

This bill lowers the minimum age for jury service from 21 to 18.