HCS SS SCS SB 267 -- COURT PROCEDURES

SPONSOR:  Klarich (Monaco)

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

This substitute revises various court procedures.  In its main
provisions, the substitute:

(1)  Deletes the requirement that prosecutors file motions for
fingerprinting and requires courts to order fingerprinting of
convicted persons following sentencing;

(2)  Allows associate circuit judges to issue criminal
investigative subpoenas in the same manner as circuit court
judges;

(3)  Assesses court costs of $10 upon nonfelony traffic
convictions;

(4)  Requires courts to forward records of conviction on failure
to maintain financial coverage to the Highway Patrol rather than
the Department of Revenue;

(5)  Allows the Department of Revenue to suspend driving
privileges and/or vehicle registration for violations of
supervision (currently limited only to court supervision);

(6)  Allows courts to provide handbooks to petitioners filing
for dissolution and to direct that respondents be served a
handbook along with the summons;

(7)  Allows information regarding adult abuse orders to be
entered in the Missouri Uniform Law Enforcement System (MULES)
using computer links between the court automation system and
MULES;

(8)  Defines courts of record in Missouri;

(9)  Requires official court reporters to be certified by the
Board of Certified Court Reporter Examiners, as provided in
Supreme Court Rule 14;

(10)  Clarifies the number of small claims one person may file
annually;

(11)  Requires that fees for cases appealed to state appellate
courts or the Missouri Supreme Court be paid to the circuit
clerk of the county which issued the original decision;

(12)  Modifies provisions on surcharges for parties filing civil
cases;

(13)  Removes the effective date for fees on marriage licenses;

(14)  Removes the effective date for additional surcharges on
criminal cases;

(15)  Allows automated court records to be accepted as evidence;

(16)  Allows circuit clerks to issue summonses in
landlord-tenant cases;

(17)  Excludes mentally retarded individuals convicted of murder
in the first degree from receiving the death penalty and
establishes the procedure for a hearing to determine mental
retardation if it is alleged;

(18)  Includes an escape from custody for violation of probation
or parole in the crime of escape from custody;

(19)  Clarifies which portions of records of final disposition
will remain accessible in criminal proceedings in which the
records are ordered expunged;

(20)  Establishes the Missouri CASA Fund for the statewide
court-appointed special advocate (CASA) program;

(21)  Clarifies that communications made to a minister or
clergyperson are privileged with respect to reporting known or
suspected child abuse or neglect;

(22)  Requires the Highway Patrol to preserve any evidence
leading to a felony conviction which has been or can be tested
for DNA;

(23)  Eliminates the right to a trial de novo in certain types
of cases.  This part of the substitute is effective January 1,
2002;

(24)  Authorizes the Attorney General to use all powers provided
by law to investigate technological crimes, as defined in the
substitute, including the ability to apply for search warrants
and subpoena witnesses and other evidentiary materials; and

(25)  Allows convicted persons in the custody of the Department
of Corrections to file motions to seek DNA testing in cases
where testing might reveal the person's innocence, if certain
procedural qualifications are met.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$453,621 to Unknown in FY 2002, $484,659 to Unknown in FY 2003,
and $72,327 to Unknown in FY 2004.  Estimated Net Effect on CASA
Fund of $0 in FY 2002, FY 2003, and FY 2004.  Income to
Insurance Dedicated Fund of $20,650 in FY 2002, $0 in FY 2003,
and $0 in FY 2004.  Income to Independent Living Center Fund of
$226,596 in FY 2002, FY 2003, and FY 2004.

PROPONENTS:  Supporters say that the bill is necessary to
protect the mentally retarded from being executed and to clean
up various court-related statutes.

Testifying for the bill were Representative Monaco; Missouri
Catholic Conference; Missouri Association of Criminal Defense
Lawyers; Association of Retarded Citizens of Missouri; Missouri
Impact; and Missouri Coalition Against Domestic Violence.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am