HCS HB 1962 -- COURT PROCEDURES

SPONSOR:  Monaco

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 14 to 2.

This substitute changes several provisions relating to court
procedures and jurisdiction.  In its major provisions, the
substitute:

(1)  Defines "court" for purposes of income tax credits and
refunds;

(2)  Adds juvenile proceedings and domestic violence actions to
the types of cases for which the state will pay for an
interpreter or translator for a party or witness to the
proceeding;

(3)  Changes the assessment of fees in certain criminal cases
payable to the county or the state from time of conviction to the
plea or finding of guilt;

(4)  Allows a court to assess an additional $20 fee for
penalties, fines, and sanctions not paid in full within 30 days
of imposition;

(5)  Provides that certain jury lists will be disclosed only
pursuant to local court rule;

(6)  Removes the requirement that a transcript judgment be filed
with the circuit clerk before a judgment entered by an associate
division of the circuit court becomes a lien on real property;

(7)  Provides that venue in small claims cases will be determined
pursuant to the general venue statute for cases instituted by
summons, Section 508.010, RSMo.  Under current law, venue in
small claims cases lies in the county (a) where the defendant
resides, or where the plaintiff resides and the defendant may be
found; or (b) where the cause of action accrued;

(8)  Allows county commissions to create county crime reduction
funds and specifies the purposes for which the money in the funds
can be spent;

(9)  Allows the court to order restorative justice methods in
cases where there is a suspended imposition or execution of
sentence and to order individuals who have a suspended imposition
or execution of sentence for a misdemeanor to make a payment of
up to $1,000 to the county crime reduction fund;

(10)  Allows the court to order a payment of up to $1,000 to the
county crime reduction fund as a condition of probation.  A judge
can only order such a condition of probation if the county crime
reduction fund was established prior to sentencing.  A defendant
can refuse probation that includes payments to a county crime
reduction fund as a condition, but probation cannot be revoked
solely for failure to make payments to the fund, except under
certain circumstances; and

(11)  Removes duplicate language and sections.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of a
Cost of Unknown to a Savings of $1,900,000 in FY 2003, FY 2004,
and FY 2005.  Savings of Unknown to $1,900,000; transfer out of
$0 to a Cost of Unknown.  Estimated Net Effect on State School
Money Fund of $0 in FY 2003, FY 2004, and FY 2005.  Offsetting
Savings and Loss of Unknown to $1,900,000; offsetting transfer in
and costs of $0 to Unknown.

PROPONENTS:  Supporters say that the bill is necessary for court
administration and procedures to operate more smoothly and
efficiently.

Testifying for the bill were Representative Monaco; Legislative
Steering Committee for the Missouri Judicial Conference; Office
of State Courts Administrator; Missouri Coalition Against
Domestic Violence; and Callaway County Circuit Court Clerk.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am