SB869 - Standardized Court Costs System
||Standardized Court Costs System
Full Bill Text |
All Actions | Senate Home Page | List of 1996 Senate Bills
Current Bill Summary
|LR Number:||L3201.09T ||Fiscal Note:||3201-09|
|Last Action:||07/10/96 - Signed by Governor (w/EC) |
|Title:||HS/HCS/SS/SCS/SB 869 |
|Effective Date:||August 28, 1996 |
HS/HCS/SS/SCS/SB 869 - This act repeals various court costs
that are not related to the administration of the court system
and recodifies all remaining court costs into one chapter of the
Revised Statutes of Missouri.
ASSESSMENT OF COURT COSTS - Any court may adopt, by local
rule, a system where circuit clerks collect all court costs
except for cases pending in the municipal divisions of the
circuit court. The revisor of statutes is directed to recodify
all sections of law imposing court costs and fees related to the
administration of the court system into one chapter. No clerk
shall collect any surcharge authorized by local ordinance or
order where such surcharge is to take effect on or after January
The Supreme Court shall, by rule, determine the total amount
of court costs to be paid in a particular case. On or before
July 1, 2000, the clerk of each circuit court shall disburse
court costs collected into a special fund established by the
State Courts Administrator. Certain charges that are currently
collected shall remain in effect until adjusted by the Court.
The Supreme Court may adjust any cost or fee to the extent of
increases or decreases in the collections from such cost or fee,
to a maximum of 4% from the previous year. After moneys from
this fund are paid out to those who provide services to the
courts and refunds, 80% of the remainder of such moneys shall be
paid into the State Treasury, and 20% to each county's treasury
for expenses incurred in administering the court system.
Court costs are to be paid prior to the time services are
rendered. If such costs are not paid when due, the court may do
any of the following: 1) dismiss the action; 2) refuse to enter
a judgment in favor of the defaulting party; 3) inform the Office
of Administration at which point such office may deduct such
amount from any state check due the defaulting party; or 4) exert
its contempt powers.
CENTRALIZED FINE SYSTEM - The Supreme Court shall establish
a schedule of fines for traffic, fish and game, and boating
violations. The judges of each Circuit Court may establish and
maintain a schedule of fines for municipal violations when such
violations are heard in Associate Circuit Courts. A centralized
bureau is created by Supreme Court rule to accept the payment of
fines and not guilty pleas for state violations. If the person
pleads not guilty, the bureau shall inform the Circuit Court of
such plea so the court may set a date for trial. A person who
receives a notice of violation but fails to dispose of the notice
by payment of fine or plea shall be guilty of failure to appear
and, if such violation is a driving violation, such person's
driver's license may be suspended. Certain violations, including
DWI and violations involving property damage, may not be disposed
of through the centralized bureau.
CRIMINAL LAW - It is a Class B misdemeanor for a person to
file a nonconsensual common law lien, unless such person is a
filing officer acting in the scope of employment. No such
officer shall be liable for any damages as a result of filing
such lien. A person who knowingly files an invalid lien is
subject to civil damages up to $5,000.
A filing officer may refuse to file or record any
nonconsensual common law lien, unless such lien is shown to be
authorized. A person whose lien is rejected may petition the
Circuit Court for an order to file such lien pending a hearing.
A person who has an interest in property on which a lien has been
filed may file a motion in the court to have such lien declared
A probation revocation hearing is considered a separate
hearing from a plea bargain proceeding or trial.
This act includes corrected reallocation language that has
been Truly Agreed To in HCS/SB 769.
MISCELLANEOUS - Two sections are repealed that allowed for
the appointment of deputy court reporters and stenographers in
homicide cases and in magistrate courts (Sections 485.130 and
The following provisions are included in this act: 1)
adding a new Circuit Judge to Platte County when a new jail is
built in such county; 2) renumbering the Court Divisions in
Jackson County; 3) adding an Associate Circuit Judge in Jackson
County when construction of two courtrooms are completed in such
county; 4) establishing a Drug Commissioner in Jackson County; 5)
authorizing a Probate Commissioner in Greene County; and 6)
authorizing a $10 surcharge to establish a juvenile detention
facility for the 30th Judicial Circuit.
No municipal judge shall serve after he reaches age 75.
Current law prohibits a municipal judge from serving beyond age
70. This is taken from SB 596.
Law enforcement officials shall have access to Department of
Mental Health reports in cases of possible abuse or neglect.
A State Court Administration Revolving Fund is established.
This fund shall be used for the training and education of court
The Supreme Court shall establish guidelines to ensure that
an ex-parte order of protection may be filed on holidays,
evenings and weekends. If an allegation of abuse is established,
an order of protection shall be valid for at least 180 days and
not more than one year.
The number of jurors in any civil action before a circuit
judge or an associate circuit judge may be set at eight upon
agreement by the parties.
EFFECTIVE DATE - A delayed effective date of July 1, 1997 is
imposed for certain sections.