BIRTH, DEATH, AND MARRIAGE RECORDS (SECTION 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a prosecuting or circuit attorney or the Attorney General.
This provision is identical to a provision in HCS/SS#3/SB 22 (2023), SB 464 (2023) and in HS/HCS/HBs 1108 & 1181 (2023), and is substantially similar to a provision in HCS/SS/SCS/SB 40 (2023) and HB 81 (2023).
COURT DISSOLUTION OF A LIMITED LIABILITY COMPANY (SECTION 347.143)
The act modifies the procedure by which a court may decree dissolution of an LLC. Specifically, the court may issue such a decree if it determines:
(1) It is not reasonably practicable to carry on the business in conformity with the operating agreement;
(2) Dissolution is reasonably necessary for the protection of the rights or interests of the complaining members;
(3) The business of the limited liability company has been abandoned;
(4) The management of the limited liability company is deadlocked or subject to internal dissension; or
(5) Those in control of the limited liability company have been found guilty of, or have knowingly countenanced, persistent and pervasive fraud, mismanagement, or abuse of authority.
This provision is identical to a provision in HB 85 (2023), HB 278 (2023), SB 401 (2023), and SB 475 (2023).
BUSINESS COVENANTS (SECTION 431.204)
This act provides that a reasonable covenant in writing promising not to solicit, recruit, hire, induce, persuade, encourage, or otherwise interfere with, directly or indirectly, employees or owners of a business entity shall be presumed to be enforceable and not a restraint of trade if it is between a business entity and the owner of the business entity for a term no more than two years following the end of the owner's relationship with the business entity. Additionally, a reasonable covenant in writing promising not to solicit, induce, direct, or otherwise interfere with a business entity's customers shall be enforceable if the covenant is limited to customers with whom the owner dealt and if the covenant between an entity and owner does not continue for more than five years following the end of the owner's relationship with the business entity. Furthermore, a written provision by which an owner promises to provide notice of termination, selling, or otherwise disposing of ownership in the business entity shall be presumed to be enforceable and not a restraint of trade.
If a covenant is overbroad, overlong, or otherwise not reasonably necessary to protect the protectable business interests of the business entity seeking enforcement of the covenant, a court shall modify the covenant, enforce the covenant as modified, and grant only the relief reasonably necessary to protect such interests.
This act is not intended to create or affect the validity or enforcement of covenants not to compete or nondisclosure or confidentiality agreements. Additionally, this act shall not be construed to limit an owner's ability to seek or accept employment with another business entity upon termination of the owner's relationship with a business entity.
This provision is identical to SB 367 (2023), HB 902 (2023), a provision in HCS/SS#2/SCS/SB 968 (2022) and in HCS/SS/SCS/SB 931 (2022) and is similar to a provision in SB 833 (2022), HB 1688 (2022), SB 181 (2021), HB 1008 (2021), in SCS/HCS/HB 1204 (2021), SCS/HCS/HB 1242 (2021), SB 922 (2020), and HB 2684 (2020).
ALTERNATIVE DISPUTE RESOLUTION PROCESSES (SECTIONS 435.014 & 435.300 TO 435.312)
This act establishes provisions relating to procedures for alternative dispute resolution ("ADR") processes. A court may refer, either by rule or order, any individual civil case or category of civil cases to any nonbinding ADR process. Within 30 days of referral, the parties may:
(1) Notify the court that the parties have chosen pursuant to a written agreement to pursue an ADR process different from the ADR process chosen by the court;
(2) Notify the court that the parties have agreed to delay such ADR process until a date certain; or
(3) If any party, after conferring with the other parties, concludes that the ADR process has no reasonable chance of helping the parties understand or resolve a procedural or substantive issue or if there is a compelling circumstance, the party may file a motion to not participate in the ADR process.
Once a motion has been filed, the ADR process shall not occur until a ruling and, if granted, the matter shall not be referred without compelling circumstances. In any action referred to an ADR process, discovery may proceed in any other action before, during, and after the ADR process, except the court may stay discovery to promote savings in time and expense.
A neutral individual ("neutral") appointed by the court or requested by the parties to serve in the ADR process shall avoid any conflict of interest. Even if the neutral believes that no disqualifying conflict exists, the neutral shall:
(1) Before agreeing to serve, make a reasonable inquiry to determine whether there are facts that would cause a reasonable person to believe that the neutral has a conflict of interest;
(2) As soon as practicable, disclose reasonably known facts relevant to any conflicts of interest; and
(3) After accepting a designation, disclose any previously undisclosed information that could reasonably suggest a conflict of interest.
After disclosure of a conflict, the ADR process may proceed if all parties have agreed in writing or if the organization administering the ADR process determines under the parties' written agreement that the neutral may continue to serve. Any party believing a court-appointed neutral has a conflict of interest may request for the neutral to recuse himself or may file a motion for disqualification. Additionally, the court may require a change of a neutral if necessary to protect the rights of an unrepresented party.
ADR communications, as defined in the act, shall not be admissible as evidence in any proceeding or subject to discovery. However, evidence that is otherwise admissible or subject to discovery shall not be inadmissible or protected from discovery solely because of its disclosure or use in the ADR process. Additionally, a court may admit communications, upon motion by a party and following a hearing, if the court finds that the communication is relevant and admissible and was:
(1) Made in the presence of a mandated reporter and pertains to abuse or neglect that such mandated reporter is required to report;
(2) A substantial threat or statement of a plan to inflict bodily injury capable of causing death or substantial bodily harm that is reasonably certain to occur;
(3) Intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime; or
(4) Necessary to establish or defend against a professional misconduct or malpractice claim that is based on conduct occurring during the ADR process.
If requested by a party or if necessary to ensure confidentiality, the hearing shall be conducted in the judge's chambers. A participant, including the neutral, has standing to intervene in any proceedings in order to object to the admissibility of communications made by such participant.
Additionally, this act provides that no neutral, or agent or employee of the neutral or of the neutral's organization, shall be subpoenaed or compelled to disclose any ADR communication. No neutral who is a licensed attorney shall be required to disclose any ADR communication of which a reporting obligation in the rules of professional conduct of attorneys might otherwise apply. However, a neutral may be subpoenaed to enforce a written settlement agreement, but only to testify that the parties signed such agreement in his or her presence. The court may order the party seeking admission of an ADR communication to pay the costs and fees of the neutral or any other participant who intervenes to contest the admission or who responds to a subpoena regarding the ADR communications.
Unless a written agreement provides for a binding ADR process, the processes conducted pursuant to this act shall be nonbinding. Furthermore, this act shall not preclude any court from referring any matter to a nonbinding ADR process.
This act shall only apply to ADR processes referred by court order or rule or by a written agreement of the parties expressly providing for this act to apply. This act is not intended to undermine the right to a jury trial nor does this act require any party to settle any claim or attend a mediation with counsel.
If the court has not referred the parties to an ADR process or if the parties elect not to use the provisions of this act, the process shall be regarded as settlement negotiations. If the parties have agreed in writing to an ADR process but have not invoked the provisions of this act, the neutral shall not be subpoenaed or otherwise compelled to disclose any matter revealed in the setting up or conducting such ADR process. Finally, this act requires all settlement agreements to be in writing.
These provisions are identical to HB 82 (2023), are substantially similar to SB 215 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1148 (2022), SB 591 (2021), HB 953 (2021), and HB 2534 (2020), and are similar to HB 2660 (2022).
THE CONSUMER LEGAL FUNDING ACT (SECTIONS 436.550 TO 436.572)
This act creates the "Consumer Legal Funding Act" which establishes provisions relating to contracts for consumer legal funding. The act describes a "consumer legal funding contract" as a nonrecourse contractual transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive potential proceeds from a settlement, judgment, award, or verdict obtained in the consumer’s legal claim so long as certain elements apply.
Additionally, the act provides requirements to be included in any such contract. The company shall provide the consumer’s attorney with a written notice of the contract within three business days of the funding date. The contract is only to be entered into if an existing legal claim in which the consumer is represented by an attorney and shall not be valid if its terms exceed a period of forty-eight months. Additionally, no consumer legal funding contract shall be automatically renewed.
This act also provides that actions that cannot be taken by the company. Additionally, all consumer legal funding contracts shall contain disclosures regarding material terms of the contract.
The act provides that only attorney’s liens related to the legal claim, Medicare, or other statutory liens related to the legal claim take priority over claims to proceeds from the consumer legal funding company. Additionally, no consumer legal funding company shall report a consumer to a credit reporting agency if insufficient funds remain from the net proceeds to repay the consumer.
A consumer legal funding company shall not engage in the business of consumer legal funding in the state of Missouri without obtaining a license from the Division of Finance of the Department of Commerce and Insurance. The initial or renewal license applications are required to be in writing, made under oath, and on the form provided by the Director of the Department of Finance. The act provides for fees associated with licensing.
If the Director of the Division of Finance determines that any consumer legal funding company fails to meet its obligations under this act, or any provisions relating to consumer legal funding, the Director may issue an order to cease and desist which is enforceable by a civil penalty of no more than one thousand dollar per day for each day a violation occurs.
Furthermore, if any consumer legal funding company fails to comply with the provision of this act, or any laws relating to consumer legal funding, its license may be suspended or revoked by the Director of the Division of Finance. The Division of Finance may also investigate and examine each consumer funding company as necessary to carry out this act.
Finally, a consumer legal funding contract is subject to the rules of discovery.
These provisions are similar to SB 342 (2023), HB 628 (2023), HCS/HB 2771 (2022), SB 504 (2019), HB 550 (2019), SB 957 (2018), HB 2251 (2018), HB 74 (2017), SB 162 (2017), SB 882 (2016), HB 1706 (2016), SB 785 (2016), SB 360 (2015), HB 512 (2015), SB 542 (2014), HB 1569 (2014), and SB 440 (2013).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (SECTIONS 455.010, 455.035 & 455.513)
This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.
These provisions are identical to HCS/HB 355 (2023), provisions in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).
UNIFORM ELECTRONIC WILLS AND ELECTRONIC ESTATE PLANNING DOCUMENTS ACT (SECTIONS 474.540 TO 474.564)
This act establishes the "Uniform Electronic Wills and Electronic Estate Planning Documents Act," which provides for the execution of wills through electronic methods.
An electronic will shall be a will for all purposes of the laws of this state. An electronic will is a record that is readable, and remains accessible, as text at the time of signing by the testator or by another individual in the testator's name, in the testator's physical presence, and by the testator's direction. Additionally, an electronic will shall be signed by at least two individuals in the physical or electronic presence of the testator within a reasonable amount of time after witnessing the signing of the will or acknowledgment of the will or signing. Additionally, this act provides that an electronic will not executed in compliance with these requirements shall still be an electronic will under this act if executed in compliance with the law of the jurisdiction where the testator is physically located, domiciled, or resides when the will signed or where the testator is domiciled or resides upon his or her death.
The intent of the testator that the record be an electronic will may be established by extrinsic evidence. As provided in the act, an electronic will may be made self-proving by acknowledgment of the testator.
An electronic will may revoke all or part of a previous will and an electronic will shall be revoked by use of:
(1) A subsequent will that revokes the electronic will expressly or by inconsistency;
(2) A written instrument signed by the testator declaring the revocation; or
(3) A physical act, if established by a preponderance of the evidence that the testator, with the intent of revoking, performed or directed another individual to perform the act in the testator's physical presence.
Additionally, if there is evidence that a testator signed an electronic will, but neither the electronic will nor a certified paper copy can be located after a testator's death, there shall be a presumption that the testator revoked the electronic will, even if no instrument or later will revoking such electronic will can be located. At any time during the administration of the estate or as determined by the court if there is no grant of administration, the court may issue an order for a custodian of an account held under a terms-of-service agreement to disclose digital assets for purposes of obtaining an electronic will from the account of a deceased user.
Furthermore, this act provides that any written estate planning document, as defined in the act, may be executed electronically and no such estate planning document shall be invalid or void solely because of its electronic form or electronic signatures. Any written estate planning document that requires one or more witnesses to the signature of a principal may be witnessed by any individual in the electronic presence of the principal. Additionally, this act provides that a person who acts in reliance upon an electronically executed written estate planning document shall not be liable to any person for so relying and may assume without inquiry the valid execution of the electronically executed written estate planning document.
An individual may create a certified paper copy of an electronic will or estate planning document by affirming under penalty of perjury that a paper copy of the electronic will or document is complete, true, and accurate copy. If a provision of law or rule of procedure requires a will or document to be presented or retained in its original form or provides consequences for the failure to present or retain the will or document in its original form, a certified paper copy shall satisfy the provision or rule.
This act also supersedes the federal Electronic Signatures in Global and National Commerce Act, except for certain provisions relating to consumer disclosures, and does not authorize electronic delivery of certain notices.
Finally, this act shall apply to any will of a decedent who dies on or after August 28, 2023, and to any written estate planning document signed or remotely witnessed on or after August 28, 2023.
These provisions are identical to provisions in HB 881 (2023) and is similar to SB 569 (2023).
ESTATE PLANNING DURING COVID-19 (SECTION 474.600)
With respect to the execution of an estate planning document, a person required for the execution of an estate planning document shall be deemed to have satisfied any physical presence requirement under Missouri law during the COVID-19 state of emergency if the following requirements were met:
(1) The signor affirmatively represented that the signor was physically in this state;
(2) The notary was physically located in this state and stated the county he or she was physically located in;
(3) The notary identified the signors to the satisfaction of the notary and Missouri law;
(4) Any person whose signature was required appeared using video conference software where live, interactive audio-visual communication between the principal, notary, and any other necessary person allowed for observation, direct interaction, and communication at the time of signing; and
(5) The notary recorded in his or her journal the exact time and means used to perform the act.
These requirements shall be deemed satisfied if a licensed Missouri attorney present at the remote execution signs a written acknowledgment made before an officer authorized to administer oaths and evidenced by the officer's certificate, which shall be affixed to or logically associated with the acknowledgment.
This provision is identical to a provision in a provision in HCS/HB 881 (2023) and is substantially similar to SB 569 (2023).
GUARDIANSHIP & CONSERVATORSHIP: APPOINTMENT OF GRANDPARENTS AND PERSONS ACTING AS PARENTS (SECTIONS 475.010, 475.045, 475.050, 475.063 & 488.2300)
This act provides that the court shall consider persons acting as a parent for a minor entering adult guardianship, as defined in the act, to be appointed as guardians or conservators. This act also provides that the court shall adopt forms for petitions for emergency and full orders regarding a minor entering adult guardianship or conservatorship and court clerks shall assist petitioners who are not represented by counsel with the procedures for filing such petitions. Notice of such assistance shall be posted in the clerk's office and the location where such petition is filed shall be posted in the court building. Additionally, no filing fees, court costs, bonds, or clerk assistance shall be assessed to petitioners. However, the fees for certain court-appointed individuals in guardianship and conservatorship hearings and expenses incurred as a result of petitions filed in accordance with this act shall be reimbursed from the Family Services and Justice Fund, which moneys may be appropriated into by the General Assembly.
Currently, individuals, except for public administrators and certain family members, seeking appointment as a guardian or conservator are required to submit a background screening to the court. This act includes any persons acting as a parent and any grandparent that is seeking a guardianship or conservatorship of a minor grandchild from the exempted individuals unless such background report is requested by other persons identified in the act. Additionally, any grandparent that is seeking a guardianship or conservatorship of a minor grandchild shall not be subject to a home assessment unless requested by certain parties.
These provisions are identical to provisions HCS/HB 881 (2023), HB 911 (2023), HB 1204 (2023) and is similar to provisions in HCS/SS/SCS/SB 683 (2022), HB 2056 (2022), in HCS#2/SCS/SB 91 (2021), HB 1003 (2021), HCS/HB 1558 (2020).
VENUE IN GUARDIANSHIP AND CONSERVATORSHIP CASES (SECTION 475.040)
This act further provides that a guardianship or conservatorship proceeding may be transferred to a court in another county if it appears to the court that at any time before the termination of a guardianship or conservatorship the domicile, instead of the domicile or residence, of the ward or protectee has changed to another county.
This provision is identical to SB 365 (2023) and in SCS/HCS/HBs 994, 52 & 984 (2023).
POOLED ESTATE ACCOUNTS (SECTION 475.275)
Currently, the Public Administrator of Jackson County, when serving as a conservator, is required to have any pooled accounts audited at least once a year. The audit shall provide a review of the records of receipts and disbursements and each estate account. Upon completion of the audit, the accountant shall render a report to the judge showing receipts, disbursements, and account balances as to each estate and as well as the total assets on deposit in the pooled account on the last calendar day of each year.
This act repeals the provisions and instead provides that a public administrator of any county serving as a conservator or personal representative using pooled accounts for the management of estate funds shall have such accounts examined on an annual basis. The examination shall:
(1) Compare the pooled account's year-end bank statement and obtain the reconciliation of the pooled account from the bank statement to the fiduciary's general ledger balance on the same day;
(2) Reconcile the total of individual accounts in the fiduciary's records to the reconciled pooled account's balance and note any difference;
(3) Confirm if collateral is pledged to secure accounts on deposit in the pooled account in excess of FDIC coverage; and
(4) Confirm the account balance with the financial institution.
The public administrator shall certify by affidavit that the conditions of this act for establishing pooled accounts have been met.
This provision is identical to a provision in SB 365 (2023).
COURT AUTOMATION (SECTION 476.055)
Currently, there are twenty-three members of the Court Automation Committee. This act increases the number of members to twenty-five by adding two employees who work full-time in a municipal division of a circuit court.
Additionally, this act repeals the provision that any unexpended balance remaining in the Statewide Court Automation Fund shall be transferred to general revenue on September 1, 2023, and the provision that the court fee collected for the Statewide Court Automation Fund shall expire on September 1, 2023. Finally, this act repeals the provision requiring the Court Automation Committee to complete its duties by September 1, 2025, and repeals the expiration date for the provision establishing the Statewide Court Automation Fund and the Court Automation Committee.
This provision is substantially similar to a provision in SCS/HCS/HB 90 (2023), HCS/SCS/SB 103 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023), and is similar to SB 223 (2023), SB 1122 (2022) and HB 2702 (2022).
JUDICIAL PRIVACY ACT (SECTIONS 476.1300 TO 476.1313)
This act establishes the "Judicial Privacy Act", which regulates the use of a judicial officer's personal information.
Upon receiving a written request, a government agency, as defined in the act, shall not publicly post or display a judicial officer's personal information in publicly available content, which includes documents or records that may be obtained by any person or entity, from the internet, upon request to the government agency, or in response to a request pursuant to the Missouri Sunshine Law or the federal Freedom of Information Act.
A written request is a written or electronic notice signed by the judicial officer and submitted to the clerk of the Supreme Court of Missouri, or for a federal judicial officer to his or her clerk of the court, for transmittal to the government agency, person, business, or association.
After receiving a written request, the government agency shall remove the judicial officer's personal information from publicly available content within five business days. After removal, the government agency shall not publicly post or display the information and such information shall be exempted from the Missouri Sunshine Law. If a government agency fails to comply, the judicial officer may bring an action for injunctive or declaratory relief. If the court grants injunctive or declaratory relief, the court may award costs and reasonable attorney's fees. These provisions shall not apply to the Missouri State Highway Patrol.
No person, business, or association shall publicly post or display on the internet a judicial officer's personal information if the judicial officer has made a written request. Further, this act provides that no person, business, or association shall solicit, sell, or trade on the internet a judicial officer's personal information for purposes of harassing, intimidating, or influencing a judicial officer in violation of the offense of tampering with a judicial officer or with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family.
A person, business, or association shall have five business days to remove the judicial officer's personal information after receiving a written request. Additionally, after receiving a request, the person, business, or association shall continue to ensure that the judicial officer's personal information is not made available on any website controlled by such person, business, or association nor shall make the judicial officer's personal information available through any medium. If a judicial officer's personal information is made public in violation of this act, the judicial officer may bring an injunctive or declaratory action. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.
No government agency, person, business, or association shall violate this act if the judicial officer fails to submit a written request. A written request shall be valid if the judicial officer sends the written request directly to a government agency, person, business, or association or files with the clerk of the Missouri Supreme Court or the clerk's designee in compliance with the Missouri Supreme Court rules. Additionally, this act provides that the clerk of the court where the judicial officer serves may submit a written request on behalf of the judicial officer if the judicial officer gives written consent and the clerk furnishes a copy of that consent with the request.
Each calendar quarter, the clerk of the Supreme Court of Missouri shall provide a list of all state judicial officers who have submitted a request to the appropriate officer for each government agency and the officer shall promptly provide a copy to all agencies under his or her supervision. Receipt of the clerk's written request list shall constitute a written request to the agency for purposes of this act.
A judicial officer's written request shall specify what personal information shall be maintained as private and shall make a reasonable effort to identify specific publicly available content in possession of the government agency. Furthermore, a judicial officer shall disclose the identity of his or her immediate family and indicate that their personal information shall be also be excluded to the extent that it could reasonably reveal the judicial officer's personal information.
A judicial officer's written request is valid until the judicial officer provides written consent to release the personal information or upon death of the judicial officer. Additionally, this act shall not apply to disclosures on lobbyist activities and campaign finance as required by law.
Written requests transmitted to a county recorder of deeds shall only include information specific to eligible documents maintained by that county. Not more than five business days after receiving a written request, the recorder shall shield the eligible documents listed in the written request and shall electronically reply with a list of documents not found in the county's records. In order to shield subsequent eligible documents, the judicial officer shall present a copy of his or her written request to the recorder at the time of recording and the recorder shall ensure that the eligible document is shielded within five business days. Eligible documents shall remain shielded until the recorder receives a court order or notarized affidavit signed by the judicial officer. No recorder shall be liable for any damages under this provision if the recorder made a good faith effort to comply and no recorder shall be liable for the release of eligible documents or data that was released or accessed prior to the document being shielded.
These provisions are identical to provisions in HCS/SCS/SB 103 (2023) and SS/SCS/HCS/HB 301 (2023) and similar to provisions in HB 2037 (2022).
COMPENSATION OF COURT REPORTERS (SECTION 485.060)
This act modifies the annual salary of court reporters for a circuit judge by providing that the percentage based on each court reporter's cumulative years of service with the circuit courts shall include the percentage increases for the previous range of years of service. Additionally, this act repeals the provision stating that a court reporter may receive multiple adjustments as the years of service increase, but that only one percentage increase shall apply to the annual salary at a time.
This provision is identical to a provision in the perfected HCS/HB 90 (2023), in the perfected SCS/SB 103 (2023), SB 154 (2023), HB 537 (2023), and in SCS/HCS/HBs 994, 52 & 984 (2023).
REFERENCES TO THE CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (SECTION 487.110)
This act modifies references to the title and sections of law of Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act for the provision relating to child custody proceedings in family courts.
This provision is identical to a provision in HCS/SS/SB 198 (2023), HCS/SS/SB 213 (2023), HB 500 (2023), SB 528 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), in HCS/HB 1058 (2023), in HB 1151 (2023), and in HB 1271 (2023).
ST. LOUIS CITY CIRCUIT COURT CIVIL CASE FILING SURCHARGE (SECTION 488.426)
Currently, any circuit court may collect a civil case filing surcharge of an amount not to exceed $15 for the maintenance of a law library, the county's or circuit's family services and justice fund, or courtroom renovation and technology enhancement. If the circuit court reimburses the state for salaries of family court commissioners or is the circuit court in Jackson County, the fee may be up to $20. This act provides that the circuit court in the City of St. Louis may charge a filing surcharge up to $20.
This provision is identical to HB 787 (2023), a provision in HCS/HB 986 (2023), and in the perfected HCS/HBs 994, 52 & 984 (2023), and is substantially similar to SB 252 (2023), SB 1209 (2022), HB 1963 (2022), HB 143 (2021), HB 1554 (2020), HB 1224 (2019), a provision in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).
ADMISSIBILITY OF STATEMENTS OF CHILDREN AND VULNERABLE PERSONS IN CRIMINAL CASES (SECTIONS 491.075 & 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person, as defined in the act, relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in HS/HCS/HBs 1108 & 1181 (2023), and the perfected HCS/HB 454 (2023).
COMPENSATION OF JURORS (SECTION 494.455)
This act provides that the governing body of any county or the City of St. Louis may provide that no grand or petit juror shall receive compensation for the first two days of service, unless the county commission authorizes compensation to such a juror for the first two days of service not to exceed ten dollars per day. For the third and any subsequent days, a juror shall receive fifty dollars for each day the juror actually serves as such and $0.07 for every mile necessarily traveled from his or her place of residence to the courthouse and returning. The compensation shall be paid from funds of the county.
This provision is identical to a provision in SCS/HCS/HBs 994, 52 & 984 (2023) and is similar to HB 87 (2023), SB 1006 (2022), HB 1551 (2022), a provision in HCS#2/SCS/SB 91 (2021), SB 621 (2021), HCS/HB 160 (2021), and HB 2426 (2020).
EXCLUSION OF PERSONAL INFORMATION OF MINORS IN COURT DOCUMENTS (SECTION 509.520)
Currently, Social Security numbers of parties or children subject to an order of custody or support and credit and financial information of any parties are to be excluded from pleadings, attachments, or exhibits filed with the court in any case, as well as judgments issued by the court. This act provides that beginning August 28, 2023, the following information shall be excluded from pleadings, attachments, exhibits, judgments, orders, or other records of the court, but shall be included in a confidential information sheet filed with the court, which shall not be subject to public inspection or availability:
(1) Social security numbers of any party or children;
(2) Credit card numbers, financial institution account numbers, personal identification numbers, or passwords used to secure an account of any party;
(3) Motor vehicle operator license number;
(4) Victim's information, including name, address, and other contact information;
(5) Witness's information, including name, address, and other contact information;
(6) Any other state identification numbers;
(7) The name, address, and date of birth of a minor and, if applicable, any next friend; or
(8) The date of birth of any party, except the year may be made available for any party that is not a minor.
This provision is identical to a provision in SS/SCS/HCS/HB 301 (2023) and is similar to a provision in SCS/HCS/HBs 994, 52 & 984 (2023) and contains a provision similar to a provision in HCS/HB 90 (2023) and HCS/SCS/SB 103 (2023).
UNIFORM INTERSTATE DEPOSITION AND DISCOVERY ACT (SECTIONS 510.500 TO 510.521)
This act establishes the Uniform Interstate Depositions and Discovery Act, which provides procedures for out-of-state subpoenas for certain forms of discovery conducted in Missouri.
To request a subpoena in Missouri, a party shall submit a foreign subpoena to a clerk of the court in the county in which discovery is sought to be conducted. The clerk shall promptly issue a subpoena, which shall incorporate the terms used in the foreign subpoena and include contact information of the attorneys and any party not represented by an attorney in the proceeding to which the subpoena relates. A request for issuance of a subpoena pursuant to this act shall not constitute an appearance in Missouri courts.
The Missouri Supreme Court Rules of Civil Procedure and the laws of this state apply to subpoenas issued pursuant to this act and such subpoenas shall be served in compliance with such rules and laws. Additionally, an application for a protective order or to enforce, quash, or modify a subpoena issued by clerk of this state shall comply with such court rules and laws of this state. However, in applying and construing this act, consideration shall be given to the need to promote uniformity among the states.
These provisions shall apply to requests for discovery in cases pending on August 28, 2023.
These provisions are identical to HB 84 (2023), SB 394 (2023), provisions in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1005 (2022), HB 1549 (2022), HB 347 (2021), and HB 2570 (2020).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.528 & 537.529)
This act establishes the "Uniform Public Expression Protection Act". Currently, any action against a person for conduct or speech undertaken or made in connection with a public hearing or meeting in a quasi-judicial proceeding before a tribunal or decision-making body of the state or a political subdivision thereof is subject to a special motion to dismiss, a motion for judgment on the pleadings, or motion for summary judgment and any such motion shall be considered by the court on a priority or expedited basis. This act repeals this provision and creates procedures for dismissal of causes of action asserted in a civil action based on a person's:
(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;
(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or
(3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or the Missouri Constitution, on a matter of public concern.
However, this act shall not apply to a cause of action asserted:
(1) Against a governmental unit, as described in the act, or an employee or agent of a governmental unit acting in an official capacity;
(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or
(3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the sale or lease of such goods or services.
No later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action covered by this act, or at a later time upon a showing of good cause, a party may file a special motion to dismiss. The court shall hear and rule on such motion no later than 60 days after the filing of the motion, unless the court orders a later hearing to allow for limited discovery or upon good cause. However, this act provides that the court shall hear and rule on the motion for dismissal no later than 60 days after the order allowing for discovery.
This act provides that all other proceedings between the moving party and the responding party in the action, including discovery and any pending hearings or motions, shall be stayed upon the filing of the special motion to dismiss. Additionally, this act provides that the court may stay, upon motion by the moving party, a hearing or motion involving another party or discovery by another party if a ruling on such hearing or motion or discovery relates to issue.
Any stay pursuant to this act shall remain in effect until the entry of an order ruling on the special motion to dismiss and the expiration of the time to appeal the order. A moving party may appeal an order denying the special motion to dismiss in whole or in part within 21 days of such order. If a party appeals an order ruling on a special motion to dismiss, this act provides that all proceedings between all parties be stayed until the conclusion of the appeal.
The court may allow discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the requirements of this act and such information is not reasonably available without discovery. Additionally, a motion for costs and expenses, voluntary dismissal, or a motion to sever shall not be stayed. During a stay, the court upon good cause may hear and rule on any motions unrelated to the special motion to dismiss and any motions seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
In ruling on a special motion to dismiss, this act provides that the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in a ruling on a motion for summary judgment. The court shall dismiss the cause of action with prejudice if:
(1) The moving party has established that the cause of action is covered by this act;
(2) The responding party has failed to establish that this act does not apply to the cause of action; and
(3) Either the responding party failed to establish a prima facie case as to each essential element of the cause of action, or the moving party has established that the responding party failed to state a cause of action upon which relief can be granted or that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law.
A voluntary dismissal without prejudice of a cause of action that is subject to a special motion to dismiss pursuant to this act shall not affect the moving party's right to obtain a ruling on the motion and seek costs, reasonable attorneys' fees, and reasonable litigation expenses. Additionally, if the moving party prevails on the motion, this act provides that such costs, fees, and expenses shall be awarded to the moving party. A voluntary dismissal with prejudice of a cause of action that is subject to a special motion to dismiss establishes that the moving party prevailed on the motion. The responding party shall be entitled to such costs, fees, and expenses if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with the intent to delay the proceeding.
Finally, this act applies to causes of action filed or asserted on or after August 28, 2023.
This act is similar to SB 432 (2023), SB 1219 (2022) and is similar to HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021).
BAIL AND CONDITIONS OF RELEASE DETERMINATIONS (SECTION 544.453)
When a judge or judicial officer sets bail or conditions of release for any offense charged, he or she shall consider whether:
(1) A defendant poses a danger to a victim of crime, the community, any witness to the crime, or any other person;
(2) A defendant is a flight risk;
(3) A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last five years; and
(4) A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last three years.
This provision is identical to HCS/SB 186 (2023), SS/SCS/HCS/HB 301 (2023), SB 632 (2023), SB 695 (2023), a provision in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1093 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), in SCS/HB 2697, HB 1589 & HCS/HB 2127 (2022), and in HCS/HB 2246 (2022), and is similar to SB 888 (2022) and SB 487 (2021).
CONVICTION REVIEW UNIT (SECTION 547.500)
Under this act, the Missouri Office of Prosecution Services may establish a conviction review unit to investigate claims of actual innocence of any defendant, including those who plead guilty.
The Missouri Office of Prosecution Services shall create an application process for defendants as provided in the act. The conviction review unit shall consist of two attorneys hired by the executive director of the Missouri Office of Prosecution Services, an investigator, paralegal, and other administrative staff. The Director shall be an ex officio member of the unit.
Once the review is complete, the conviction review unit shall present its findings either to the prosecuting attorney who prosecuted the case or, if the review was requested by the Attorney General, special prosecutor, or other prosecuting attorney's office, to the office who requested the review. Such prosecuting attorney's office is not required to accept or follow the findings and recommendations of the conviction review unit.
Any document produced by the conviction review unit shall be a closed record until after the finality of all proceedings.
This provision is substantially similar to HCS/SS/SCS/SBs 189, 36 & 37 (2023) and is similar to a provision in HCS/SS#3/SB 22 (2023) and in SCS/HS/HCS/HBs 1108 & 1181 (2023).
BEHAVIORAL HEALTH SERVICES FOR CERTAIN ACCUSED PERSONS (SECTION 552.020 TO 552.080)
Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain opinions as to the accused's mental fitness to proceed in the reasonably foreseeable future and recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions.
This provision is identical to a provision in HCS/SS/SCS/SB 106 (2023), in SS/SCS/SBs 189, 36 & 37 (2023), and in HCS/HBs 1082 & 1094 (2023), and is substantially similar to SCS/SB 387 (2023).
CREDIT FOR TIME SERVED (SECTION 558.031)
Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence.
This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence.
This provision is identical to a provision in HCS/HBs 119, 372, 382, 420, 550 & 693 (2023), in the perfected SS/SCS/SBs 189, 36 & 37 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HCS/HB 1133 (2023) and is similar to a provision in SS/SCS/HCS/HB 301 (2023), HCS/SS#3/SB 22 (2023) and SB 650 (2023).
INFORMATION RECEIVED BY PROBATION & PAROLE OFFICERS (SECTION 559.125)
This act modifies provisions relating to privileged information received by probation or parole officers which shall not be receivable in any court except for criminal proceedings.
This provision is identical to HB 776 (2023) and is similar to a provision in HCS/SS#3/SB 22 (2023), HB 196 (2023), and HB 1227 (2023).
UNLAWFUL POSTING OF CERTAIN INFORMATION (SECTION 565.240)
Currently, the unlawful posting of certain information of any law enforcement officer, corrections officer, parole officer, judge, commissioner, or prosecuting attorney, or of any immediate family member of such person, that intends to or threatens to cause great bodily harm or death shall be a Class E felony. This act provides that if such unlawful posting of certain information that intends to or threatens to cause great bodily harm or death actually results in bodily harm or death to such person or immediate family member, the offense shall be a Class D felony.
This provision is identical to a provision in HCS/SCS/SB 103 (2023) and SCS/HCS/HBs 994, 52 & 984 (2023).
OFFENSES OF ENTICEMENT OF A CHILD & OFFENSE OF PATRONIZING PROSTITUTION (SECTION 566.151 & 567.030)
Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.
Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a Class E felony and if the person is less than 15 years old it shall be a Class B felony.
These provisions are identical to provisions in HCS/SS#3/SB 22 (2023), in HCS/HB 454 (2023), in HS/HCS/HBs 1108 & 1181 (2023), HB 1637 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), HB 2590 (2022), and in SCS/HB 2697, HB 1589, HB 1637 & HCS/HB 2127 (2022).
CRIME VICTIMS' COMPENSATION FUND (SECTIONS 595.045)
This act adds that a person who pleads guilty to a class E felony shall pay a fee of $46 payable to the Crime Victims' Compensation Fund.
This provision is identical to a provision in HCS/SS#3/SB 22 (2023) and in HS/HCS/HBs 1108 & 1181 (2023).
NOTIFICATION TO VICTIMS OF CERTAIN CRIMES BY ELECTRONIC MAIL (SECTION 595.209)
Under current law, victims of certain crimes shall be notified by the prosecutor's office and law enforcement of certain filings or status updates in the criminal case of which he or she is a victim. This act adds that the victim shall be notified by certified mail or by electronic mail.
This amendment is identical to a provision in SS/SCS/SBs 189, 36 & 37 (2023), in SS/SCS/HCS/HB 301 (2023), and SB 337 (2023).
PUBLIC DEFENDER - FEDERAL AND OTHER FUND (SECTION 600.042)
Under current law, any funds available from government grants, private gifts, donations, bequests, or other sources made to the Office of the Public Defender are deposited in the general revenue fund of the state.
This act creates the "Public Defender - Federal and Other Fund" in the state treasury and provides that funding from any government grants, private gifts, donations, bequests, or other sources shall be deposited into such fund.
This provision is identical to SB 245 (2023), HB 663 (2023), a provision in SCS/HCS/HBs 994, 52 & 984 (2023), SB 1039 (2022), in SCS/HB 2088, HB 1705 & HCS/HB 1699 (2022), and HB 2370 (2022).
REPEAL OF THE MISSOURI POSTCONVICTION DRUG TREATMENT PROGRAM (SECTION 217.785)
This act repeals the Missouri Postconviction Drug Treatment Program.
This provision is identical to a provision in SCS/HCS/HB 90 (2023), in HCS/HBs 119, 372, 382, 420, 550 & 693 (2023), in HB 196 (2023), in SS/SCS/HCS/HB 301 (2023), and in SCS/SBs 384 & 276 (2023).
KATIE O'BRIEN