HB 1743 -- Court Procedures and Court Personnel

Sponsor:  Byrd

This bill changes the laws relating to court procedures and court
personnel.  In its major provisions, the bill:

(1)  Specifies that the Joint Committee on Legislative Research
annually collate, index, print, and bind all laws and resolutions
passed or adopted by the General Assembly;

(2)  Revises the requirements for the publication and
distribution of all laws and resolutions by the joint committee;

(3)  Requires that each edition of the Revised Statutes of
Missouri and its annotations be produced in an electronic format
and allows the Revisor of Statutes to distribute the revised
statutes in either the electronic version or the bound version,
or both;

(4)  Specifies that the State Legal Expense Fund is available for
health care providers who serve in county jails and any attorney
licensed to practice law in the State of Missouri who practices
law at a non-profit community social services center qualified as
exempt from federal taxation, or through any federal, state, or
local government agency;

(5)  Specifies that the juvenile court has concurrent
jurisdiction with the municipal court over any child who is
alleged to have violated a municipal curfew ordinance;

(6)  Requires the juvenile officer to make a risk and needs
assessment, which will be written on a standardized form approved
by the Office of State Courts Administrator;

(7)  Revises the filing provisions of the mechanic's lien
statutes to require its filing with the recorder of deeds;

(8)  Allows the court to issue a direct payment order for
guardian ad litem fees in a dissolution or separation proceeding;

(9)  Specifies that the clerk and other non-judicial personnel of
the probate division of the 22nd judicial circuit will be
appointed by the judge of the probate division with the consent
of the court en banc, unless otherwise provided by local court
rule;

(10)  Establishes an exception to the current requirement that a
person is disqualified from serving as a juror if that person is
unable to read, speak, and understand English, when the
disability is due to a vision or hearing impairment which can be
adequately compensated for through the use of auxiliary aids or
services;

(11)  Specifies that the judge of the probate court appoints the
deputy probate commissioner in the 16th, 21st, and 22nd judicial
circuits;

(12)  Specifies that the number of associate circuit judge
positions in a county can be decreased if the population in the
county has decreased;

(13)  Allows court clerks to collect a fee for processing
passport applications and allocates part of the fee to the county
where the application was processed;

(14)  Adds a $5 surcharge to any felony criminal proceeding
involving Chapters 195, 565, 566, 569, 570, and 571, RSMo, except
for those in which the case has been dismissed or the court costs
are paid by the state, county, or municipality;

(15)  Requires the judge of the court to make the decision as to
whether the juror can be excused for physical or financial
hardship reasons.  It also specifies when an exemption for
extreme physical or financial hardship is warranted;

(16)  Specifies when individuals may request a postponement of
their jury service;

(17)  Specifies that a person who fails to appear for jury
service and has failed to obtain a postponement is in civil
contempt of court.  It also allows the court to impose a fine not
exceeding $500 and to order the prospective juror to complete a
period of community service;

(18)  Specifies that an employee is not required to use vacation,
sick, or personal leave for jury duty.  It also requires a court
to reschedule the service of a summoned juror of an employer with
five or fewer employees if another employee has been summoned to
appear during the same period;

(19)  Adds certain types of property to the list of property that
is exempt from attachment and execution;

(20)  Provides that in rent and possession actions pursuant to
Chapter 535, the strict notice requirements for termination of
month-to-month tenancies in Section 441.060 are not applicable;
and cases will be heard by a court without a jury;

(21)  Revises the statute of limitations for a civil action for
recovery of damages suffered as a result of childhood sexual
abuse from five to 10 years after the victim reached the age of
21 or within three years of when the victim discovered that the
injury or illness was caused by childhood sexual abuse;

(22)  Allows for the application and issuance of search warrants
by facsimile or other electronic means;

(23)  Adds documents of historical significance to the list of
items specified in Section 570.030, relating to stealing;

(24)  Revises the definition of "library" and revises the crime
of library theft;

(25)  Establishes the GREAT Fund within the state treasury to
fund a gang resistance education and training program and an
after-school reading retreat program within the Department of
Elementary and Secondary Education;

(26)  Specifies that certain records of investigations by peace
officers must be made available to hiring law enforcement
agencies;

(27)  Increases the number of officers on the Peace Officer
Standards and Training Commission from nine to 11 and provides
that two members of the commission must be rank-and-file peace
officers;

(28)  Revises provisions relating to the Crime Victims'
Compensation Fund;

(29)  Allows the release of law enforcement incident and
investigative reports to family members if the person involved is
deceased or incompetent;

(30)  Allows court-appointed legal counsel in electroconvulsive
therapy cases to be awarded reasonable attorney fees; and

(31)  Allows real estate licensees to be immune from civil
liability for statements made by engineers, surveyors,
geologists, and inspectors in certain situations.

An emergency clause applies to the provisions relating to the
publication of laws and resolutions passed by the General
Assembly.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am