HCS SB 893 -- JUDICIARY

SPONSOR:  Days (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 10 to 0 with 4 present.

This substitute changes the laws regarding courts and judges,
records, and criminal proceedings.

COURTS AND JUDGES

The substitute:

(1)  Requires the chief governing body in Jackson County to
establish a jury service expense fund to aid with the
compensation of jurors.  A petit or grand juror for this county
will receive no compensation for the first day of jury service,
$6 for the second day, and $40 for each subsequent day.  No
reimbursement will be given for mileage (Sections 50.567 and
494.455, RSMo);

(2)  Establishes procedures for asserting a mechanic's lien
against residential real property other than a mechanic's lien
for the repair, remodeling, or addition to owner-occupied
residential property of four units or less (Section 429.016);

(3)  Repeals the provisions regarding the Uniform Interstate
Family Support Act; re-enacts them to be consistent with the
changes adopted by the National Conference of Commissioners on
Uniform State Laws; and extends the provisions of the act to the
establishment, enforcement, or modification of child or spousal
support orders that involve a foreign country (Sections 210.844
and 454.1500 - 454.1730);

(4)  Changes certain requirements regarding identification
information in certain court pleadings, liens, notice of
garnishment, and writs of sequestration.  The substitute requires
any pleading, other than the interlocutory or final judgment, or
any modification thereof, in a dissolution of marriage, legal
separation, or motion to modify filed before August 28, 2009, to
be subject to inspection only by the parties or an attorney of
record or upon order of the court for good cause shown; by any
person or designee of a person licensed and acting under Chapter
381, who must keep any information obtained confidential except
as necessary for the performance of functions required under the
chapter; or by the Family Support Division within the Department
of Social Services when services are being provided under Section
454.400.  Persons authorized to inspect these documents are
allowed to receive or make copies of the documents without
requiring the clerk to redact information unless specifically
ordered to do so by the court.  The clerk must redact the Social
Security number from any copy of a judgment or satisfaction of
judgment before releasing a copy of the interlocutory or final
judgment or satisfaction of judgment to the public.  The
substitute also requires a lien on real estate that is obtained
based on a judgment or order for child support or maintenance to
state only the last four digits of the obligor's Social Security
number instead of the full number and requires a notice of
garnishment and a writ of sequestration to contain only the last
four digits of a person's Social Security number instead of the
full number (Sections 452.430, 454.515, and 525.233);

(5)  Requires all circuit clerks in the counties of the 6th, 7th,
and 28th judicial circuits and the circuit clerk in Scott County
to be appointed by a majority of the circuit and associate
circuit judges of each county, en banc.  A clerk in those
counties will be removable for cause by a majority of the circuit
and associate circuit judges of his or her county, en banc
(Section 483.015);

(6)  Requires the September 17, 1996, Missouri Supreme Court
standards for representation by guardians ad litem to be updated
and adopted statewide.  Each circuit is required to devise a plan
to implement the standards that takes into account the individual
needs of its circuit and the negative impact that excessive
caseloads have upon the effectiveness of counsel.  These plans
must be approved by the Supreme Court en banc and fully
implemented by July 1, 2011 (Section 484.350);

(7)  Specifies that when a judgment from any other state or
territory of the United States is paid or presumed to be paid and
satisfied by operation of law in that state or territory, it must
have the same effect in this state.  When a judgment is deemed
satisfied, the judgment debtor may file a verified motion in any
action seeking to enforce the satisfied judgment to acknowledge
that the judgment is satisfied.  The verified motion must set
forth a copy of the judgment and the date of its entry, all
authenticated in the manner authorized by the laws of the United
States or of this state, and proof of payment or a copy of the
applicable statute from the other state or territory
demonstrating that the judgment is presumed to be paid and
satisfied by operation of law in that state or territory.  The
judgment debtor must serve the motion upon the judgment creditor
or assignee.  This acknowledgment of satisfaction must be entered
by the court unless the judgment creditor or assignee objects
within 30 days after service (Section 511.580);

(8)  Adds an unliquidated personal injury claim to the list of
property that is exempt from attachment and execution.  The
substitute changes the age of an unmarried dependent for whom a
head of family may exempt certain property or wages from 18 years
of age to 21 years of age (Sections 513.430 and 513.440);

(9)  Adds actions for injurious falsehood to the list of actions
that must be brought within two years (Section 516.140);

(10)  Removes the requirement that the presiding judge of a
circuit court must certify a case for assignment when a party
files a petition, counterclaim, cross claim, or third-party claim
that independently exceeds the jurisdiction of cases triable
under Chapter 517 or when a consolidation of cases appear proper
and the consolidation would result in a claim exceeding the
jurisdictional limit of the division and allows the presiding
judge to certify a case for assignment (Section 517.081);

(11)  Allows the court or jury in any action for private nuisance
where the amount in controversy exceeds $1 million to visit the
property alleged to be affected by the nuisance if any party
makes that request.  Currently, the court or jury must visit the
property (Section 537.296); and

(12)  Requires an overdue patient account submitted to a court
for collection to be certified by the Director of the Department
of Mental Health or his or her designee instead of the head of
the facility or program in order to constitute prima facie
evidence of the amount due (Section 630.220).

RECORDS

The substitute:

(1)  Prohibits the Department of Revenue from releasing the home
address or any other information contained in the motor vehicle
or driver registration records of any state or federal judge or
his or her immediate family members as well as the immediate
family members of any county, state, or federal parole officer,
pretrial officer, or peace officer pursuant to Section 590.010.
The substitute also allows any state or federal judge to request
the issuance of special license plates and driver's licenses
(Sections 32.056 and 301.146);

(2)  Removes the condition that only land surveys evidencing the
establishment, restoration, or re-establishment of one or more
corners that create a new parcel of land to be filed with the
recorder of deeds of the county in which the survey is located
and requires that any survey evidencing the establishment,
restoration, or re-establishment of a corner to be filed (Section
60.650);

(3)  Specifies that a completed form for the voluntary
acknowledgment of paternity is not a public record except that
the State Registrar must, upon request and payment of a fee as
established by rule by the Department of Social Services under
Section 454.455, make a copy available to the child's mother, the
father listed on the child's birth record, the attorney
representing the mother or father, the child, the guardian ad
litem, and the child's attorney as well as upon the request of
the state and federal government for child support purposes or
upon an order of a court of competent jurisdiction for good cause
shown (Section 193.087);

(4)  Requires the certificate of title for a new outboard motor
to designate the year the motor was manufactured and the year the
dealer received the motor from the manufacturer (Section
306.532);

(5)   Requires local law enforcement agencies or other government
agencies responsible for serving ex parte orders of protection to
enter service information into the State Highway Patrol's
Missouri Uniform Law Enforcement System (MULES) or future
electronic databases that are intended for law enforcement use
within 24 hours after an ex parte order is served on a
respondent.  The law enforcement agency responsible for
maintaining the applicable system must enter information
regarding a notice of expiration or termination of an order of
protection within 24 hours of receipt of information evidencing
the expiration or termination (Sections 455.038 and 455.040); and

(6)  Specifies that notwithstanding the provision that requires
the redaction of any information in a court record that could be
used to identify or locate the victim of a sexual assault,
domestic assault, stalking, or forcible rape, the defendant's
name in any criminal proceeding must never be redacted from the
court record (Section 566.226).

CRIMINAL PROCEEDINGS

The substitute:

(1)  Specifies that Jefferson County cannot adopt any charter
provision or any order or ordinance that prevents the county from
contracting out the county's probation services with a private
entity (Section 66.720);

(2)  Allows the presiding circuit court judge to assign a judge
to hear the trial of a felony case when that judge has previously
conducted the case's preliminary hearing if the defendant has
signed a written waiver stating that he or she waives any right
to object or argue about any potential conflict that might occur
as a result of having the same judge hear both the preliminary
hearing and the trial.  Currently, a presiding judge is
prohibited from making this assignment (Section 478.240);

(3)  Specifies that the Missouri Supreme Court is not required to
consider death penalty cases where life imprisonment without
probation or parole was imposed (Section 565.035);

(4)  Creates the crime of disturbing a worship service when a
person knowingly disturbs, interrupts, or disquiets any assembly
of people met for religious worship by using profane discourse,
by rude or indecent behavior, or by making noise either within
the place of worship or so near it as to disturb the order and
solemnity of the worship service (Section 574.035); and

(5)  Establishes the Conditional Post-Conviction Release Act
which allows the releasing authority, upon the decision of the
releasing authority, to release a person by requiring the posting
of an early release bond by a surety.  The releasing authority
may set conditions of release which must be appended to and be
made a part of the bond.  The surety must pay a breach penalty
upon the breach of a condition by the person and upon the person
not being back in custody within the required 180 days.  The
surety may arrest the person and surrender him or her to the
nearest county jail at any time after receiving notice of a
breach by the person (Sections 1, 2, 3, 4, and 5).

MISCELLANEOUS PROVISIONS

The substitute:

(1)  Allows any statewide elected official to request the Office
of Administration to determine the lowest and best bidder with
respect to any contract for purchasing, printing, or services for
which the official has the authority to contract (Section
37.900);

(2)  Specifies that the provisions of Section 262.802 will not
apply to any drainage district or levee district formed under the
laws of this state (Section 246.310);

(3)  Changes the definition of "security" as it is used in the
laws regulating securities so that the sale of variable annuities
will be regulated by the Commissioner of Securities appointed by
the Secretary of State and changes the process for registering
securities in Missouri under the Missouri Securities Act by
requiring a statement of cash flows instead of a statement
declaring changes in financial position.  Orders from the
commissioner may include a civil penalty or the costs of the
investigation when sought in the statement accompanying the
order.  The standard for imposing a $50,000 civil penalty is
changed from several violations to more than one violation of a
commissioner's order (Sections 376.309, 409.1-102, and 409.2-202
- 409.6-607);

(4)  Allows a trust instrument to appoint a trust protector who
will have the powers and functions conferred upon him or her as
specified in the trust document (Section 456.8-818);

(5)  Revises the procedure for the restoration of an individual's
right to possess a firearm for a person who has previously been
adjudged mentally incompetent by specifically stating that
evidence of reputation is admissible in these cases.  This
provision is required in order to qualify for federal funds for
the state's crime reporting systems (Section 475.375);

(6)  Requires the Department of Health and Senior Services upon
receipt of a report of elder abuse to promptly report the
incident to the appropriate law enforcement agency and prosecutor
and determine whether protective services are required.
Currently, the incident must only be reported upon substantiation
of the report (Section 565.186); and

(7)  Requires the governing body of any county, city, town, or
village or any entity created by these political subdivisions to
hold a public meeting and to allow public comment at least four
business days prior to voting on an issue involving fee or tax
increases, eminent domain, zoning, transportation development
districts, capital improvement districts, commercial improvement
districts, or tax increment financing.  These provisions will not
apply to any votes or discussions related to proposed ordinances
that require a minimum of two separate readings on different days
or in the case of an emergency.  A tax increase will not include
the setting of the annual tax rates under Sections 67.110 and
137.055 (Section 610.020).

The provisions regarding the Uniform Interstate Family Support
Act become effective upon ratification by the United States
Congress.

The substitute contains an emergency clause for the provisions
regarding who may inspect certain pleadings in a dissolution of
marriage, legal separation, or modification.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of More than
$69,593,000 in FY 2011, More than $71,676,600 in FY 2012, and
More than $73,824,150 in FY 2013.  Estimated Income on Other
State Funds of $19,398 in FY 2011, $25,813 in FY 2012, and
$25,489 in FY 2013.

PROPONENTS:  Supporters say that the bill requires information
regarding ex parte protection orders to be entered into the State
Highway Patrol's electronic database within 24 hours so that law
enforcement and victims of domestic violence are quickly aware of
these orders.

Testifying for the bill were Senator Days; Department of Public
Safety; and Missouri Coalition Against Domestic and Sexual
Violence.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:15 pm