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 AnalystCopyright (c) Missouri House of Representatives