HS HCS HB 1962 -- COURT PROCEDURES (Monaco)

This substitute changes various 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 payable to the county or the
state in certain criminal cases 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;

(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 this 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;

(11)  Limits a court's sentencing option in first degree murder
cases to life imprisonment without eligibility for probation,
parole, or release when a jury cannot agree upon imposing a
sentence of life imprisonment or death;

(12)  Increases the cost for transcripts from $1.50 to $2.25 per
page.  The substitute also increases the $2.25 amount by 5% every
year, beginning in 2004;

(13)  Amends the statute on time computation in civil cases to
exactly match the corresponding Supreme Court rule;

(14)  Amends Jake's Law to require a jurisdiction receiving
notice of a wanted offender in another jurisdiction to either
retrieve the offender or pay the other jurisdiction the cost of
housing;

(15)  Removes the expiration date on the statute allowing
counties to pass ordinances to impose fees on marriage licenses
and surcharges upon civil cases;

(16)  Amends the process for filling vacancies of any unexpired
term on the executive council of the judicial conference;

(17)  Allows the Jackson County public administrator to utilize
computerized data management software to maintain records;

(18)  Creates the Basic Civil Legal Services Fund, which will
increase the public money available for civil legal services for
low-income persons, as federally defined.  To fund the program, a
$20 fee will be assessed upon the filing of every civil or
criminal proceeding in the Supreme Court and in any appellate
court, a $10 fee will be assessed upon filings in circuit courts,
and a $5.50 fee will be assessed upon filings in associate
circuit court;

(19)  Allows for legislative continuances in court during special
and veto sessions, and during interim committee assignments;

(20)  Allows a court to assess the cost of transporting a
prisoner from one county to another against the bondsman who
turned the prisoner over to the improper county, unless the
holding jurisdiction will not release the prisoner to the
bondsman;

(21)  Requires circuit clerks to enter abstracts of judgment
within five days of rendition;

(22)  Lowers minimum juror age from 21 to 18 years;

(23)  Deletes the requirement that a judgment in a judge-tried
case in associate circuit court must be entered within 30 days of
submission for decision;

(24)  Subjects the State of Missouri to lawsuits for violations
of the federal Family and Medical Leave Act and for
discrimination resulting from an employee exercising his or her
rights under workers' compensation law;

(25)  Revises the process by which the state conducts
administrative hearings, shifting certain administrative
proceedings for cases commenced on or after January 1, 2003, from
the individual state agencies to the Administrative Hearing
Commission;

(26)  Expands the crime of tampering with a judicial officer to
add family court commissioners, drug court commissioners, and
juvenile court officers to the definition of "judicial officers";

(27)  Entitles attorneys elected to or employed by the General
Assembly during a regular legislative session to report 15
continuing legal education credit hours for that reporting year;

(28)  Reenacts a section repealed last year governing when and
how a public vote in third classification counties may separate
or combine the offices of circuit clerk and county recorder and
allows the governing bodies in counties where these offices are
combined to separate the offices by their own action or public
vote;

(29)  Increases municipal court costs from $12 to $18, and after
the $18 limit has been reached, it may be increased every three
years by a cost-of-living adjustment;

(30)  Requires the circuit court clerk to determine on a monthly
basis all costs that have accrued in criminal cases where a
change of venue has been taken;

(31)  Extends the statutes of limitation in Chapter 517, RSMo,
(Procedure Before Certain Associate Circuit Judges) and Chapter
537 (Torts and Actions for Damages) up to two years if a court
finds that a defendant has taken certain actions that hinder a
plaintiff's ability to identify or serve the defendant, even if
long-arm service is available upon the defendant;

(32)  Adds sex offender crimes requiring registration to those
crimes which the Highway Patrol must disclose in a requested
criminal history record and allows the Highway Patrol to receive
payment for these requests by electronic means;

(33)  Allows the Clay County Commission to directly pay the
salaries of deputy circuit clerks and division clerks; and

(34)  Requires a court to strike automatic renewal provisions
longer than one year in litigated consumer service contracts.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of a
Cost of $142,643 to an Income of $2,007,357 in FY 2003, a Cost of
$271,848 to an Income of $1,878,152 in FY 2004, and a Cost of
$294,463 to an Income of $1,855,537 in FY 2005.  Estimated Net
Effect on Department of Natural Resources Dedicated Fund of
Unknown in FY 2003, FY 2004, and FY 2005.  Estimated Net Cost to
Criminal Records System Fund of $54,885 in FY 2003, $63,420 in FY
2004, and $65,007 in FY 2005.  Estimated Net Effect on
Conservation Fund of Unknown in FY 2003, FY 2004, and FY 2005.
Estimated Net Effect on Road Fund of Unknown in FY 2003, FY 2004,
and FY 2005.  Estimated Net Income to Highway Funds of $170,970
in FY 2003, $26,600 in FY 2004, and $26,600 in FY 2005.
Estimated Net Cost to School District Trust Fund of $933,300 in
FY 2003, FY 2004, and FY 2005.  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.

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