EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 352
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0124S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 347.143, 435.014, 452.705, 452.730, 452.885, 455.010, 455.035, 455.513,
478.001, 478.010, 478.330, 478.610, 478.625, 487.110, 488.040, 488.426, 491.075,
492.304, 494.455, 509.520, 537.528, 559.125, 566.151, 567.030, 575.205, and
595.045, RSMo, and to enact in lieu thereof fifty-nine new sections relating to judicial
proceedings, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 347.143, 435.014, 452.705, 452.730, 1
452.885, 455.010, 455.035, 455.513, 478.001, 478.010, 478.330, 2
478.610, 478.625, 487.110, 488.040, 488.426, 491.075, 49 2.304, 3
494.455, 509.520, 537.528, 559.125, 566.151, 567.030, 575.205, 4
and 595.045, RSMo, are repealed and fifty -nine new sections 5
enacted in lieu thereof, to be known as sections 347.143, 6
435.300, 435.303, 435.306, 435.309, 435.312, 452.705, 452.730, 7
452.885, 452.1100, 452.1102, 452.1104, 452.1106, 452.1108, 8
452.1110, 452.1112, 452.1114, 452.1118, 452.1120, 452.1122, 9
455.010, 455.035, 455.513, 478.001, 478.010, 478.330, 478.376, 10
478.610, 478.625, 487.110, 488.040, 488.426, 491.075, 492.304, 11
494.455, 509.520, 510.500, 510.503, 510.506, 510.509, 510.512, 12
510.515, 510.518, 510.521, 537.529, 537.1300, 537.1302, 13
537.1304, 537.1306, 537.1308, 537.1310, 537.1312, 537.1314, 14
537.1316, 559.125, 566.151, 567.030, 575.205, and 595.045, to 15
read as follows:16
347.143. 1. A limited liability company may be 1
dissolved involuntarily by a decree of the circuit court for 2 SB 352 2
the county in which the registered office of the limited 3
liability company is situated in an action filed by the 4
attorney general when it is establish ed that the limited 5
liability company: 6
(1) Has procured its articles of organization through 7
fraud; 8
(2) Has exceeded or abused the authority conferred 9
upon it by law; 10
(3) Has carried on, conducted, or transacted its 11
business in a fraudulent or illegal manner; or 12
(4) By the abuse of its powers contrary to the public 13
policy of the state, has become liable to be dissolved. 14
2. On application by or for a member, the circuit 15
court for the county in which the registered office o f the 16
limited liability company is located may decree dissolution 17
of a limited liability company [whenever] if the court 18
determines: 19
(1) It is not reasonably practicable to carry on the 20
business in conformity with the operating agreement ; 21
(2) Dissolution is reasonably necessary for the 22
protection of the rights or interests of the complaining 23
members; 24
(3) The business of the limited liability company has 25
been abandoned; 26
(4) The management of the limited liability company is 27
deadlocked or subject to internal dissension; or 28
(5) Those in control of the limited liability company 29
have been found guilty of, or have knowingly countenanced, 30
persistent and pervasive fraud, mismanagement, or abuse of 31
authority. 32
435.300. As used in sections 435.300 to 435.312, the 1
following terms mean: 2 SB 352 3
(1) "Alternative dispute resolution communication", a 3
statement, whether communicated orally, in writing, or by 4
nonverbal conduct, that is either: 5
(a) Related to the subject matter of the dispute and 6
made during an alternative dispute resolution process; or 7
(b) Made as part of considering, conducting, 8
participating in, initiating, continuing, or reconvening an 9
alternative dispute resolution process. 10
The term "alternative dispute resolution communication" 11
shall not include the notifications or reports made pursuant 12
to subsection 2 of section 435.303 or subsection 8 of 13
section 435.306 or a written agreement as described in 14
section 435.312; 15
(2) "Alternative dispute resolution process", 16
mediation, arbitration, or early neutral evaluation used in 17
conjunction with a pending civil action, and any other 18
alternative to trial that has been included in a local court 19
rule applicable to a civil dispute; 20
(3) "Arbitration", a procedure in which a neutral or 21
panel of neutrals hears and decides a dispute between two or 22
more parties; 23
(4) "Conflict of interest", any direct or indirect 24
financial or personal interest in the outcome of a dispute 25
or any existing or prior financial, business, professional, 26
familial, or social relationship with any participant in an 27
alternative dispute resolution process that is likely to 28
affect the impartiality of the neutral or that may 29
reasonably create an appearanc e of partiality or bias; 30
(5) "Early neutral evaluation", a process in which a 31
neutral provides parties to a dispute with a nonbinding 32
assessment of their dispute; 33 SB 352 4
(6) "In camera", a proceeding held in a judge's 34
chambers or in a courtroom fro m which the public is excluded; 35
(7) "Mandated reporter", an individual who is required 36
to report abuse or neglect pursuant to the provisions of 37
section 192.2405, 192.2475, 198.070, 208.912, 210.115, 38
352.400, 630.162, or 630.165; 39
(8) "Mediation", a process in which a neutral 40
facilitates communications among the parties and assists the 41
parties in their efforts to reach a voluntary agreement 42
regarding the dispute; 43
(9) "Mediator", a neutral who conducts mediation; 44
(10) "Neutral", an individual who, acting 45
independently and not as a representative, agent, or 46
advocate of any of the parties, assists the parties in their 47
efforts to reach a resolution of their dispute through an 48
alternative dispute resolution process; 49
(11) "Participant", any person or entity, including 50
any neutral or party, who participates in an alternative 51
dispute resolution process; 52
(12) "Party", an individual or entity named as a party 53
in a pending civil action, or in an agreement to use an 54
alternative dispute resolution process as described in 55
sections 435.309 and 435.312; 56
(13) "Person", an individual; a public or private 57
corporation, business trust, estate, trust, partnership, 58
limited liability company, or insurance company; an 59
association; a joint venture; a governmental unit, 60
subdivision, agency, or instrumentality of the state; or any 61
other legal or commercial entity; 62
(14) "Proceeding", a judicial, administrative, 63
arbitral, or other adjudicative process, including related 64 SB 352 5
prehearing and posthearing motions, conferences, hearings, 65
and discovery; 66
(15) "Writing" or "written", a tangible or electronic 67
record of a communication or representation, including 68
handwriting, typewriting, printing, photostating, 69
photography, audio or video recording, and electronic 70
communication; 71
(16) "Written agreement", a writing that: 72
(a) Contains the essential terms of an agreement; and 73
(b) Is signed, executed, or adopted by the parties, by 74
any process described in subdivi sion (15) of this section, 75
including electronic signatures as permitted by section 76
432.230, with the intent to sign and be bound by the 77
writing, and attached to or logically associated with the 78
writing. 79
435.303. 1. A court may refer any individual civil 1
case or category of civil cases to mediation or any other 2
nonbinding alternative dispute resolution process, either by 3
rule or court order. 4
2. Within thirty days of referral by a court to a 5
nonbinding alternative dispute re solution process pursuant 6
to subsection 1 of this section, or such longer time as may 7
be set by the court, or with leave of the court, the parties 8
may: 9
(1) Notify the court that all of the parties have 10
chosen to pursue an alternative dispute reso lution process 11
different from the nonbinding alternative dispute resolution 12
process ordered by the court if such choice is evidenced in 13
a written agreement between the parties; 14
(2) Notify the court that all of the parties have 15
agreed to delay such alternative dispute resolution process 16
until a date certain, which date may be subsequently 17 SB 352 6
modified by the court, to allow for the exchange of 18
specified information, the identification of representatives 19
with authority, or any other identified actio n or event 20
related to the ability of the parties to participate 21
effectively in the alternative dispute resolution process; or 22
(3) If any party, after conferring with all other 23
parties, concludes that referral to a nonbinding alternative 24
dispute resolution process has no reasonable chance of 25
helping the parties to better understand or resolve one or 26
more of the procedural or substantive issues in the matter 27
or there is a compelling circumstance for not participating 28
in the alternative dispute r esolution process, the party may 29
file a motion for relief from the referral, setting forth 30
the reasons for not participating. Once a motion for relief 31
has been filed, the alternative dispute resolution process 32
ordered by the court shall not occur unti l the court has 33
ruled on the motion. If the court grants the motion, the 34
matter shall not thereafter be referred by the court to an 35
alternative dispute resolution process without compelling 36
circumstances, which shall be set out by the court in any 37
order referring the matter to an alternative dispute 38
resolution process. 39
3. In an action referred to an alternative dispute 40
resolution process, discovery may proceed as in any other 41
action before, during, and after the alternative dispute 42
resolution process is held. The court may stay discovery in 43
whole or in part during the pendency of an alternative 44
dispute resolution process in order to promote savings in 45
time and expense without sacrificing the quality of justice. 46
4. A neutral who is appointed by the court or 47
requested by the parties to serve in an alternative dispute 48
resolution process pursuant to sections 435.300 to 435.312 49 SB 352 7
shall avoid any conflict of interest. Even if the neutral 50
believes that no disqualifying conflict exists, t he neutral 51
shall: 52
(1) Make a reasonable inquiry to determine whether 53
there are any facts that would cause a reasonable person to 54
believe that the neutral has an actual or potential conflict 55
of interest before agreeing to serve in a matter; 56
(2) Disclose to the parties, as soon as practicable, 57
facts and information relevant to any actual or potential 58
conflicts of interest that are reasonably known to the 59
neutral; and 60
(3) If, after accepting a designation by the parties 61
or the court, the neutral learns of any previously 62
undisclosed information that could reasonably suggest a 63
conflict of interest, promptly disclose the information to 64
the parties. 65
5. After the neutral's disclosure of a conflict, the 66
alternative dispute resoluti on process may proceed if: 67
(1) All parties agree in writing to service by the 68
neutral; or 69
(2) An organization independently administering the 70
alternative dispute resolution process pursuant to the rules 71
of procedure that were adopted by a wr itten agreement of the 72
parties determines under such rules that the neutral may 73
continue to serve. 74
6. Any party who believes a court -appointed neutral 75
has a conflict of interest may request that the neutral 76
recuse himself or herself if a conflict is disclosed or 77
otherwise discovered. If the neutral declines, the party 78
may timely file a motion with the court for disqualification 79
of the neutral. Failure to file a motion waives that 80
objection. On its own motion, the court may also review the 81 SB 352 8
choice of a neutral in any alternative dispute resolution 82
process involving a party that is not represented by counsel 83
and require a change of neutral if necessary to protect the 84
rights of the unrepresented party. 85
435.306. 1. Alternative dispute resolution 1
communications shall not be admissible as evidence in any 2
proceeding or subject to discovery, except as otherwise 3
provided in subsections 2, 3, and 7 of this section. 4
Exceptions shall be narrowly construed and only the portion 5
of the communication necessary for the application of the 6
exception to the general rule of nonadmissibility shall be 7
admitted. 8
2. Evidence or information that is otherwise 9
admissible or subject to discovery, including information 10
that would be available to the public pursuant to sections 11
610.010 to 610.035, shall not become inadmissible or 12
protected from discovery solely by reason of its disclosure 13
or use in an alternative dispute resolution process. 14
3. A court may admit an alternative dispute resolution 15
communication upon motion of a party, which motion shall not 16
reveal the substance of the communication, and following a 17
hearing, only if the court finds that one or more of the 18
exceptions in this subsection applies and that the 19
communication is otherwise relevant and admissible. The 20
party seeking admission shall ensure that timely notice is 21
given to the neutral and parties that participated in the 22
alternative dispute resolution process in which the 23
alternative dispute resolution communication was made. The 24
hearing shall be conducted in camera if requested by a party 25
or if the court determines on its own motion that an in 26
camera proceeding is necessary to ensure the confidentiality 27
of the communications that are the subject t o the hearing. 28 SB 352 9
The only exceptions to the general rule of nonadmissibility 29
of alternative dispute resolution communications stated in 30
subsection 1 of this section are as follows: 31
(1) The alternative dispute resolution communication 32
was made in the presence of a mandated reporter and pertains 33
to abuse or neglect that such mandated reporter is required 34
by state law or regulation to report; 35
(2) The alternative dispute resolution communication 36
is a substantial threat or statement of a plan t o inflict 37
bodily injury capable of causing death or substantial bodily 38
harm that is reasonably certain to occur; 39
(3) The alternative dispute resolution communication 40
is intentionally used to plan a crime, attempt to commit a 41
crime, or to conceal an ongoing crime or ongoing criminal 42
activity; or 43
(4) The alternative dispute resolution communication 44
is necessary to establish or defend against a claim of 45
professional misconduct or malpractice that is filed against 46
or on behalf of a participa nt based on conduct occurring 47
during the alternative dispute resolution process. 48
4. The admission of evidence in a proceeding under any 49
of the exceptions stated in subsection 3 of this section 50
shall not in itself render the evidence or any other 51
alternative dispute resolution communication discoverable or 52
admissible for any other purpose or proceeding. 53
5. Any participant in an alternative dispute 54
resolution process has standing to intervene in any 55
proceeding to object to the admissibility of an alternative 56
dispute resolution communication made by that participant 57
during or relating to that alternative dispute resolution 58
process. A neutral who participated in an alternative 59
dispute resolution process also has standing to intervene in 60 SB 352 10
any proceeding to object to the admissibility of an 61
alternative dispute resolution communication made by the 62
neutral or an agent or employee of a neutral or of an 63
organization through which the neutral provided the 64
alternative dispute resolution servic es for such process, 65
but the neutral is under no requirement to do so. 66
6. Except as provided in subsection 7 of this section, 67
no neutral, agent or employee of that neutral, or agent or 68
employee of an organization through which the neutral 69
provided alternative dispute resolution services shall be 70
subpoenaed or otherwise compelled to disclose any 71
alternative dispute resolution communication, including any 72
alternative dispute resolution communication that would 73
otherwise fall within the exception s identified in 74
subsection 3 of this section. No neutral who is a licensed 75
attorney, nor an agent or employee of such neutral or of an 76
organization through which the neutral provided alternative 77
dispute resolution services pursuant to sections 435.300 to 78
435.312, shall be required to disclose any alternative 79
dispute resolution communication to which a reporting 80
obligation might otherwise apply under the rules regulating 81
the professional conduct of attorneys. 82
7. A neutral, an agent or employee of that neutral, or 83
an agent or employee of an organization through which the 84
neutral provided the alternative dispute resolution services 85
may be subpoenaed in an action to enforce a written 86
agreement as described in subsection 2 of section 435.309, 87
but only for the limited purpose of testifying that the 88
written agreement was signed by the parties in the presence 89
of the neutral. 90
8. The court may request that the neutral or the 91
parties provide the court with progress reports on 92 SB 352 11
alternative dispute resolution processes related to pending 93
civil actions, except such reports shall be limited to a 94
statement that the matter has been resolved in its entirety, 95
partially resolved, or not resolved and whether future dates 96
for an alternative dispute resolution process are 97
scheduled. A neutral may also report to the court that a 98
payment has not been received from one or more parties. A 99
court shall not require the disclosure of alternative 100
dispute resolution communication in any such report. 101
9. The court may order the party or parties seeking 102
admission of an alternative dispute resolution communication 103
to pay the costs and fees of the neutral or other person 104
participating in an alternative dispute resolution process 105
who intervenes to cont est the disclosure and admission of 106
alternative dispute resolution communication or who responds 107
to a subpoena prohibited by subsection 6 of this section or 108
a subpoena pursuant to subsection 7 of this section. 109
435.309. 1. Unless the parties have entered into a 1
written agreement providing for entry into a binding 2
alternative dispute resolution process, all alternative 3
dispute resolution processes pursuant to sections 435.300 to 4
435.312 shall be nonbinding. 5
2. In order to be binding on the parties, a settlement 6
agreement that is reached in an alternative dispute 7
resolution process shall be in a written agreement. 8
3. Alternative dispute resolution processes included 9
in consumer contracts for goods or services shall be 10
independently administered. 11
435.312. 1. Except as provided in subsection 6 of 1
this section, sections 435.300 to 435.312 shall apply only 2
to those alternative dispute resolution processes referred 3
by rule or court order, or when the parties enter into a 4 SB 352 12
written agreement to resolve their dispute through an 5
alternative dispute resolution process expressly providing 6
that sections 435.300 to 435.312 shall apply to such 7
alternative dispute resolution process. 8
2. The parties to a dispute may enter into a written 9
agreement to attempt to resolve their differences through an 10
alternative dispute resolution process and may agree that 11
sections 435.300 to 435.312 will apply to such alternative 12
dispute resolution process before the f iling of an action or 13
after the entry of a judgment, as well as during the 14
pendency of an action. If the matter resolves and the 15
parties file a case to present the settlement for approval 16
by the court, the case shall be exempted from any local rule 17
that refers a class of cases to any alternative dispute 18
resolution process. 19
3. Nothing in sections 435.300 to 435.312 shall 20
preclude any court from referring any individual matter to a 21
nonbinding alternative dispute resolution process so as to 22
effectuate the timely, fair, and efficient administration of 23
justice, subject only to the provisions of subsection 2 of 24
section 435.303. 25
4. Nothing in sections 435.300 to 435.312 is intended 26
to undermine the right of litigants to a jury trial in the 27
event that a resolution satisfactory to the parties is not 28
achieved through a nonbinding alternative dispute resolution 29
process. 30
5. Nothing in sections 435.300 to 435.312 shall be 31
deemed to require: 32
(1) Any party or party representative who appears at 33
an alternative dispute resolution process in compliance with 34
a court order to settle all or part of any claim; or 35 SB 352 13
(2) Any party to attend a mediation with counsel if 36
such party is self-represented. 37
6. If the court has not referre d the case to an 38
alternative dispute resolution process pursuant to section 39
435.303 or if the parties do not elect to use sections 40
435.300 to 435.312, the process shall be regarded as 41
settlement negotiations and subject to the rules of 42
confidentiality that generally apply to such negotiations. 43
If the parties to the dispute have agreed in writing to 44
submit their dispute to such alternative dispute resolution 45
process but have not invoked the protections of sections 46
435.300 to 435.312, no person who serves as a neutral in 47
such process, nor any agent or employee of that person or of 48
an organization through which the neutral provided the 49
alternative dispute resolution process, shall be subpoenaed 50
or otherwise compelled to disclose any matter reveale d in 51
the process of setting up or conducting such alternative 52
dispute resolution process. All settlement agreements shall 53
be in writing as described in sections 435.300 to 435.312. 54
452.705. As used in sections 452.700 to 452.930: 1
(1) "Abandoned" means left without provision for 2
reasonable and necessary care or supervision; 3
(2) "Child" means an individual who has not attained 4
eighteen years of age; 5
(3) "Child custody determination" means a judgment, 6
decree, or other order of a court providing for the legal 7
custody, physical custody, or visitation with respect to a 8
child. The term includes a permanent, temporary, initial, 9
or modification order. The term shall not include an order 10
relating to child support or o ther monetary obligation of an 11
individual; 12 SB 352 14
(4) "Child custody proceeding" means a proceeding in 13
which legal custody, physical custody, or visitation with 14
respect to a child is an issue. The term includes a 15
proceeding for divorce, separation, neg lect, abuse, 16
dependency, guardianship, paternity, termination of parental 17
rights, and protection from domestic violence in which the 18
issue may appear. The term shall not include a proceeding 19
involving juvenile delinquency, contractual emancipation, or 20
enforcement under sections 452.850 to 452.915; 21
(5) "Commencement" means the filing of the first 22
pleading in a proceeding; 23
(6) "Court" means an entity authorized under the law 24
of a state to establish, enforce, or modify a child custody 25
determination; 26
(7) "Decree" or "custody decree" means a custody 27
determination contained in a judicial decree or order made 28
in a custody proceeding, and includes an initial decree and 29
a modification decree; 30
(8) "Home state" means the state in whi ch a child has 31
lived with a parent or a person acting as a parent for at 32
least six consecutive months immediately prior to the 33
commencement of a child custody proceeding. In the case of 34
a child less than six months of age, the term means the 35
state in which the child has lived from birth with any of 36
the persons mentioned. A period of temporary absence of any 37
of the mentioned persons is part of such period; 38
(9) "Initial determination" means the first child 39
custody determination concerning a pa rticular child; 40
(10) "Issuing court" means the court making a child 41
custody determination for which enforcement is sought under 42
sections 452.700 to 452.930; 43 SB 352 15
(11) "Issuing state" means the state in which a child 44
custody determination is made; 45
(12) "Litigant" means a person, including a parent, 46
grandparent, or stepparent, who claims a right to custody or 47
visitation with respect to a child; 48
(13) "Modification" means a child custody 49
determination that changes, replaces, supersedes or is 50
otherwise made after a previous determination concerning the 51
same child, whether or not it is made by the court that made 52
the previous determination; 53
(14) "Person" includes government, a governmental 54
subdivision, agency or instrumentality, or any other legal 55
or commercial entity; 56
(15) "Person acting as a parent" means a person, other 57
than a parent, who: 58
(a) Has physical custody of the child or has had 59
physical custody for a period of six consecutive months, 60
including any temporary absence, within one year immediately 61
prior to the commencement of a child custody proceeding; and 62
(b) Has been awarded legal custody by a court or 63
claims a right to legal custody under the law of this state; 64
(16) "Physical custody" mean s the physical care and 65
supervision of a child; 66
(17) "State" means a state of the United States, the 67
District of Columbia, Puerto Rico, the United States Virgin 68
Islands, or any territory or insular possession subject to 69
the jurisdiction of the Un ited States; 70
(18) "Warrant" means an order issued by a court 71
authorizing law enforcement officers to take physical 72
custody of a child; 73 SB 352 16
(19) "Wrongful removal" means the taking of a child 74
that breaches rights of custody or visitation given or 75
recognized under the laws of this state . 76
452.730. 1. A court of this state may communicate 1
with a court in another state concerning a proceeding 2
arising under sections 452.700 to 452.930 or arising under 3
sections 452.1100 to 452.1 122. 4
2. The court may allow the parties to participate in 5
the communication. If the parties are not able to 6
participate in the communication, the parties shall be given 7
the opportunity to present facts and legal arguments before 8
a decision on jurisdiction is made. 9
3. A communication between courts on schedules, 10
calendars, court records, and similar matters may occur 11
without informing the parties. A record need not be made of 12
such communication. 13
4. Except as provided in subsection 3 of this section, 14
a record shall be made of the communication. The parties 15
shall be informed promptly of the communication and granted 16
access to the record. 17
5. For the purposes of this section, "record" means 18
information that is inscribed on a t angible medium, or that 19
which is stored in an electronic or other medium and is 20
retrievable in perceivable form. A record includes notes or 21
transcripts of a court reporter who listened to a conference 22
call between the courts, an electronic recording o f a 23
telephone call, a memorandum or an electronic record of the 24
communication between the courts, or a memorandum or an 25
electronic record made by a court after the communication. 26
452.885. 1. (1) Upon the filing of a petition 1
seeking enforcement of a child custody determination [, the 2
petitioner may file] with a verified application for the 3 SB 352 17
issuance of a warrant to take physical custody of the child 4
or upon the filing of a petition under sections 452.1100 to 5
452.1122, the court m ay issue an ex parte warrant to take 6
physical custody of the child if the court finds, upon 7
review of the petition or verified application or upon the 8
testimony of the petitioner or other witnesses, that the 9
child is likely to suffer serious imminent p hysical harm or 10
there is a credible risk that the child is imminently likely 11
to suffer wrongful removal [from this state]. 12
(2) Prior to issuing a warrant in response to a 13
petition filed under sections 452.1100 to 452.1122 and 14
before determining t he placement of the child after the 15
warrant is executed, the court may order a search of the 16
relevant databases of the National Crime Information Center 17
system and similar state databases to determine if the 18
petitioner or respondent has a history of do mestic violence, 19
stalking, or child abuse or neglect. 20
2. [If the court, upon the testimony of the petitioner 21
or other witnesses, finds that the child is likely to suffer 22
serious imminent physical harm or be imminently removed from 23
this state, the court may issue a warrant to take physical 24
custody of the child. The petition shall be heard on the 25
next judicial day after the warrant is executed. The 26
warrant shall include the statements required under 27
subsection 2 of section 452.870. 28
3.] A warrant to take physical custody of a child 29
shall: 30
(1) Recite the facts upon which a [conclusion] 31
determination of serious imminent physical harm or a 32
credible risk of imminent wrongful removal from the 33
jurisdiction is based; 34 SB 352 18
(2) Direct law enforcement officers to take physical 35
custody of the child immediately; [and] 36
(3) State the date and time for the hearing on the 37
petition; 38
(4) Provide for the safe interim placement of the 39
child pending further order of the court or final relief; and 40
(5) Include the statements required under subsection 2 41
of section 452.870 if a warrant is issued in response to a 42
petition seeking enforcement of a child custody 43
determination. 44
[4.] 3. The respondent shall be served with the 45
petition, warrant and order immediately after the child is 46
taken into physical custody. 47
4. The respondent shall be afforded an opportunity to 48
be heard at the earliest possible time after the ex parte 49
warrant is executed but no later than the next jud icial day 50
unless a hearing on that date is impossible. In that event, 51
the court shall hold the hearing on the first judicial day 52
possible. 53
5. If the court finds, after a hearing, that a 54
petitioner sought a warrant under subsection 1 of this 55
section for the purpose of harassment or in bad faith, the 56
court may award the respondent reasonable attorney's fees, 57
costs, and expenses. 58
[5.] 6. A warrant to take physical custody of a child 59
is enforceable throughout this state. If the court finds on 60
the basis of the testimony of the petitioner or other 61
witness that a less intrusive remedy is not effective, the 62
court may authorize law enforcement officers to enter 63
private property to take physical custody of the child. If 64
required by the exig ency of the case, the court may 65 SB 352 19
authorize law enforcement officers to make a forcible entry 66
at any hour. 67
[6.] 7. The court may impose conditions on the 68
placement of a child to ensure the appearance of the child 69
and the child's custodian. 70
8. This section does not affect the availability of 71
relief allowed under the laws of this state other than 72
sections 452.700 to 452.930 and sections 452.1100 to 73
452.1122. 74
452.1100. Sections 452.1100 to 452.1122 shall be known 1
and may be cited as the "Uniform Child Abduction Prevention 2
Act". 3
452.1102. As used in sections 452.1100 to 452.1122, 1
the following terms mean: 2
(1) "Abduction", the wrongful removal or wrongful 3
retention of a child; 4
(2) "Child", an unemancipated individual who is less 5
than eighteen years of age; 6
(3) "Child abduction prevention measures", measures 7
and conditions that are reasonably calculated to prevent the 8
abduction of a child, including provisions of subsections 3, 9
4, and 5 of section 452.1114, and other measures that the 10
court deems appropriate to prevent the abduction of a child; 11
(4) "Child-custody determination", a judgment, decree, 12
or other order of a court providing for the legal custody, 13
physical custody, or visitation with respect to a child. 14
The term "child-custody determination" includes a permanent, 15
temporary, initial, and modification order; 16
(5) "Child custody proceeding", a proceeding in which 17
legal custody, physical custody, or visitation wi th respect 18
to a child is at issue. The term "child custody proceeding" 19
includes a proceeding for divorce, dissolution of marriage, 20 SB 352 20
separation, neglect, abuse, dependency, guardianship, 21
paternity, termination of parental rights, or protection 22
from domestic violence; 23
(6) "Court", an entity authorized under the law of a 24
state to establish, enforce, or modify a child -custody 25
determination; 26
(7) "Petition", includes a motion or its equivalent; 27
(8) "Record", information that is inscribed on a 28
tangible medium or that is stored in an electronic or other 29
medium and is retrievable in perceivable form; 30
(9) "State", a state of the United States, the 31
District of Columbia, Puerto Rico, the United States Virgin 32
Islands, or any territory o r insular possession subject to 33
the jurisdiction of the United States. The term "state" 34
includes a federally recognized Indian tribe or nation; 35
(10) "Travel document", records relating to a travel 36
itinerary, including travel tickets, passes, rese rvations 37
for transportation, or accommodations. The term "travel 38
document" does not include a passport or visa; 39
(11) "Warrant", an order issued by a court authorizing 40
law enforcement officers to take physical custody of a child; 41
(12) "Wrongful removal", the taking of a child that 42
breaches rights of custody or visitation given or recognized 43
under the law of this state; 44
(13) "Wrongful retention", the keeping or concealing 45
of a child that breaches rights of custody or visitation 46
given or recognized under the law of this state. 47
452.1104. Sections 452.730, 452.735, and 452.820 of 1
the uniform child custody jurisdiction and enforcement act 2
apply to cooperation and communications among courts in 3
proceedings under sect ions 452.1100 to 452.1122. 4 SB 352 21
452.1106. 1. A court on its own motion may order 1
abduction prevention measures in a child custody proceeding 2
if the court finds that the evidence establishes a credible 3
risk of abduction of the child. 4
2. A party to a child custody determination or another 5
individual or entity having a right under the law of this 6
state or any other state to seek a child custody 7
determination for the child may file a petition seeking 8
abduction prevention measures to protect the child under 9
sections 452.1100 to 452.1122. 10
3. A prosecutor or public authority designated under 11
section 452.910 may seek a warrant to take physical custody 12
of a child under section 452.885 or other appropriate 13
prevention measures. 14
452.1108. 1. A petition under sections 452.1100 to 1
452.1122 may be filed only in a court that has jurisdiction 2
to make a child custody determination with respect to the 3
child at issue under sections 452.700 to 452.930. 4
2. A court of this state has temporary emergency 5
jurisdiction under section 452.755 if the court finds a 6
credible risk of abduction. 7
452.1110. A petition under sections 452.1100 to 1
452.1122 shall be verified and include a copy of any 2
existing child custody determination, if available. The 3
petition shall specify the risk factors for abduction, 4
including the relevant factors described in section 5
452.1112. Subject to subsection 5 of section 452.780, if 6
reasonably ascertainable, the peti tion shall contain: 7
(1) The name, date of birth, and sex of the child; 8
(2) The customary address and current physical 9
location of the child; 10 SB 352 22
(3) The identity, customary address, and current 11
physical location of the respondent; 12
(4) A statement of whether a prior action to prevent 13
abduction or domestic violence has been filed by a party or 14
other individual or entity having custody of the child, and 15
the date, location, and disposition of the action; 16
(5) A statement of whether a party to the proceeding 17
has been arrested for a crime related to domestic violence, 18
stalking, or child abuse or neglect, and the date, location, 19
and disposition of the case; and 20
(6) Any other information required to be submitted to 21
the court for a child custody determination under section 22
452.780. 23
452.1112. 1. In determining whether there is a 1
credible risk of abduction of a child, the court shall 2
consider any evidence that the petitioner or respondent: 3
(1) Has previously abducted or attempted to abduct the 4
child; 5
(2) Has threatened to abduct the child; 6
(3) Has recently engaged in activities that may 7
indicate a planned abduction, including: 8
(a) Abandoning employment; 9
(b) Selling a primary residence; 10
(c) Terminating a lease; 11
(d) Closing bank or other financial management 12
accounts, liquidating assets, hiding or destroying financial 13
documents, or conducting any unusual financial activities; 14
(e) Applying for a passport or vis a or obtaining 15
travel documents for the respondent, a family member, or the 16
child; or 17
(f) Seeking to obtain the child's birth certificate or 18
school or medical records; 19 SB 352 23
(4) Has engaged in domestic violence, stalking, or 20
child abuse or neglec t; 21
(5) Has refused to follow a child -custody 22
determination; 23
(6) Lacks strong familial, financial, emotional, or 24
cultural ties to the state or the United States; 25
(7) Has strong familial, financial, emotional, or 26
cultural ties to another state or country; 27
(8) Is likely to take the child to a country that: 28
(a) Is not a party to the Hague Convention on the 29
Civil Aspects of International Child Abduction and does not 30
provide for the extradition of an abducting parent or for 31
the return of an abducted child; 32
(b) Is a party to the Hague Convention on the Civil 33
Aspects of International Child Abduction but: 34
a. The Hague Convention on the Civil Aspects of 35
International Child Abduction is not in force between the 36
United States and that country; 37
b. Is noncompliant according to the most recent 38
compliance report issued by the United States Department of 39
State; or 40
c. Lacks legal mechanisms for immediately and 41
effectively enforcing a return order under the Hague 42
Convention on the Civil Aspects of International Child 43
Abduction; 44
(c) Poses a risk that the child's physical or 45
emotional health or safety would be endangered in the 46
country because of specific circumstances relating to the 47
child or because of human rights violations committed 48
against children; 49
(d) Has laws or practices that would: 50 SB 352 24
a. Enable the respondent, without due cause, to 51
prevent the petitioner from contacting the child; 52
b. Restrict the petitioner from freely traveling to or 53
exiting from the country because of the petitioner's sex, 54
nationality, marital status, or religion; or 55
c. Restrict the child's ability legally to leave the 56
country after the child reaches the age of majority because 57
of a child's sex, natio nality, or religion; 58
(e) Is included by the United States Department of 59
State on a current list of state sponsors of terrorism; 60
(f) Does not have an official United States diplomatic 61
presence in the country; or 62
(g) Is engaged in active military action or war, 63
including a civil war, to which the child may be exposed; 64
(9) Is undergoing a change in immigration or 65
citizenship status that would adversely affect the 66
respondent's ability to remain in the United States legally; 67
(10) Has had an application for United States 68
citizenship denied; 69
(11) Has forged or presented misleading or false 70
evidence on government forms or supporting documents to 71
obtain or attempt to obtain a passport, a visa, travel 72
documents, a Social Se curity card, a driver's license, or 73
other government-issued identification card or has made a 74
misrepresentation to the United States government; 75
(12) Has used multiple names to attempt to mislead or 76
defraud; or 77
(13) Has engaged in any other conduct the court 78
considers relevant to the risk of abduction. 79
2. In the hearing on a petition under sections 80
452.1100 to 452.1122, the court shall consider any evidence 81
that the respondent believed in good faith that the 82 SB 352 25
respondent's conduct was necessary to avoid imminent harm to 83
the child or respondent and any other evidence that may be 84
relevant to whether the respondent may be permitted to 85
remove or retain the child. 86
452.1114. 1. If a petition is filed under sections 1
452.1100 to 452.1122, the court may enter an order that 2
shall include: 3
(1) The basis for the court's exercise of jurisdiction; 4
(2) The manner in which notice and opportunity to be 5
heard were given to the persons entitled to notice of the 6
proceeding; 7
(3) A detailed description of each party's custody and 8
visitation rights and residential arrangements for the child; 9
(4) A provision stating that a violation of the order 10
may subject the party in violation to civil and criminal 11
penalties; and 12
(5) Identification of the child's country of habitual 13
residence at the time of the issuance of the order. 14
2. If, at a hearing on a petition under sections 15
452.1100 to 452.1122 or on the court's own motion, the 16
court, after reviewin g the evidence, finds a credible risk 17
of abduction of the child, the court shall enter an 18
abduction prevention order. The order shall include the 19
provisions required by subsection 1 of this section and 20
measures and conditions, including those in subse ctions 3, 21
4, and 5 of this section, that are reasonably calculated to 22
prevent abduction of the child, giving due consideration to 23
the potential harm to the child from an abduction, the legal 24
and practical difficulties of returning the child to the 25
jurisdiction if abducted, and the reasons for the potential 26
abduction, including evidence of domestic violence, 27
stalking, or child abuse or neglect. 28 SB 352 26
3. An abduction prevention order may include one or 29
more of the following: 30
(1) An imposition of travel restrictions that require 31
that a party traveling with the child outside a designated 32
geographical area provide the other party with the following: 33
(a) The travel itinerary of the child; 34
(b) A list of physical addresses and telephone n umbers 35
at which the child can be reached at specified times; and 36
(c) Copies of all travel documents; 37
(2) A prohibition of the respondent directly or 38
indirectly: 39
(a) Removing the child from this state, the United 40
States, or another geog raphic area without permission of the 41
court or the petitioner's written consent; 42
(b) Removing or retaining the child in violation of a 43
child custody determination; 44
(c) Removing the child from school or a child care or 45
similar facility; or 46
(d) Approaching the child at any location other than a 47
site designated for supervised visitation; 48
(3) A requirement that a party register the order in 49
another state as a prerequisite to allowing the child to 50
travel to that state; 51
(4) With regard to the child's passport: 52
(a) A direction that the petitioner place the child's 53
name in the United States Department of State's Child 54
Passport Issuance Alert Program; 55
(b) A requirement that the respondent surrender to the 56
court or the petitioner's attorney any United States or 57
foreign passport issued in the child's name, including a 58
passport issued in the name of both the parent and the 59
child; and 60 SB 352 27
(c) A prohibition upon the respondent from applying on 61
behalf of the child for a new or replacement passport or 62
visa; 63
(5) As a prerequisite to exercising custody or 64
visitation, a requirement that the respondent provide: 65
(a) To the United States Department of State Office of 66
Children's Issues and the relevant foreign c onsulate or 67
embassy, an authenticated copy of the order detailing 68
passport and travel restrictions for the child; 69
(b) To the court: 70
a. Proof that the respondent has provided the 71
information in paragraph (a) of this subdivision; and 72
b. An acknowledgment in a record from the relevant 73
foreign consulate or embassy that no passport application 74
has been made, or passport issued, on behalf of the child; 75
(c) To the petitioner, proof of registration with the 76
United States Embassy or oth er United States diplomatic 77
presence in the destination country and with the Central 78
Authority for the Hague Convention on the Civil Aspects of 79
International Child Abduction, if that Convention is in 80
effect between the United States and the destination 81
country, unless one of the parties objects; and 82
(d) A written waiver under 5 U.S.C. Section 552a of 83
the Privacy Act of 1974, as amended, with respect to any 84
document, application, or other information pertaining to 85
the child authorizing its disc losure to the court and the 86
petitioner; and 87
(6) Upon the petitioner's request, a requirement that 88
the respondent obtain an order from the relevant foreign 89
country containing terms identical to the child custody 90
determination issued in the United States. 91 SB 352 28
4. In an abduction prevention order, the court may 92
impose conditions on the exercise of custody or visitation 93
that: 94
(1) Limit visitation or require that visitation with 95
the child by the respondent be supervised until the court 96
finds that supervision is no longer necessary and order the 97
respondent to pay the costs of supervision; 98
(2) Require the respondent to post a bond or provide 99
other security in an amount sufficient to serve as a 100
financial deterrent to abduction, the proc eeds of which may 101
be used to pay for the reasonable expenses of recovery of 102
the child, including reasonable attorneys' fees and costs if 103
there is an abduction; and 104
(3) Require the respondent to obtain education on the 105
potentially harmful effects to the child from abduction. 106
5. To prevent imminent abduction of a child, a court 107
may: 108
(1) Issue a warrant to take physical custody of the 109
child; 110
(2) Direct the use of law enforcement to take any 111
action reasonably necessary to locate t he child, obtain 112
return of the child, or enforce a custody determination 113
under sections 452.1100 to 452.1122 or the law of this state 114
other than sections 452.1100 to 452.1122; or 115
(3) Grant any other relief allowed under the law of 116
this state other than sections 452.1100 to 452.1122. 117
6. The remedies provided in sections 452.1100 to 118
452.1122 are cumulative and do not affect the availability 119
of other remedies to prevent abduction. 120
452.1118. An abduction prevention order re mains in 1
effect until the earliest of: 2
(1) The time stated in the order; 3 SB 352 29
(2) The emancipation of the child; 4
(3) The child's attaining eighteen years of age; or 5
(4) The time the order is modified, revoked, vacated, 6
or superseded by a court with jurisdiction under sections 7
452.740, 452.745, and 452.750 and applicable law of this 8
state. 9
452.1120. In applying and construing sections 452.1100 1
to 452.1122, consideration shall be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
452.1122. Sections 452.1100 to 452.1122 modifies, 1
limits, and supersedes the federal Electronic Signatures in 2
Global and National Commerce Act, 15 U.S.C. Section 7001 et 3
seq., but does not modify, limit, or supersede Section 4
101(c) of the act, 15 U.S.C. Section 7001(c), or authorize 5
electronic delivery of any of the notices described in 6
Section 103(b) of that act, 15 U.S.C. Section 7003(b). 7
455.010. As used in this chapter, unless the context 1
clearly indicates otherwise, the following terms shall mean: 2
(1) "Abuse", includes but is not limited to the 3
occurrence of any of the following acts, attempts or threats 4
against a person who may be protected pursuant to this 5
chapter, except abuse shall not include abuse inflicted on a 6
child by accidental means by an adult household member or 7
discipline of a child, including spanking, in a reasonable 8
manner: 9
(a) "Abusing a pet", purposely or knowingly causing, 10
attempting to cause, or threatening to cause physical injury 11
to a pet with the intent to control, punish, intimidate, or 12
distress the petitioner; 13
(b) "Assault", purposely or knowingly placing or 14
attempting to place another in fear of physical harm; 15 SB 352 30
(c) "Battery", purposely or knowingly causing physical 16
harm to another with or without a deadly weapon; 17
(d) "Coercion", compelling another by force or threat 18
of force to engage in conduct from which the latt er has a 19
right to abstain or to abstain from conduct in which the 20
person has a right to engage; 21
(e) "Harassment", engaging in a purposeful or knowing 22
course of conduct involving more than one incident that 23
alarms or causes distress to an adult or child and serves no 24
legitimate purpose. The course of conduct must be such as 25
would cause a reasonable adult or child to suffer 26
substantial emotional distress and must actually cause 27
substantial emotional distress to the petitioner or child. 28
Such conduct might include, but is not limited to: 29
a. Following another about in a public place or places; 30
b. Peering in the window or lingering outside the 31
residence of another; but does not include constitutionally 32
protected activity; 33
(f) "Sexual assault", causing or attempting to cause 34
another to engage involuntarily in any sexual act by force, 35
threat of force, duress, or without that person's consent; 36
(g) "Unlawful imprisonment", holding, confining, 37
detaining or abducting another person against that person's 38
will; 39
(2) "Adult", any person [seventeen] eighteen years of 40
age or older or otherwise emancipated; 41
(3) "Child", any person under [seventeen] eighteen 42
years of age unless otherwise emancipated; 43
(4) "Court", the circuit or associate circuit judge or 44
a family court commissioner; 45 SB 352 31
(5) "Domestic violence", abuse or stalking committed 46
by a family or household member, as such terms are defined 47
in this section; 48
(6) "Ex parte order of protection", an or der of 49
protection issued by the court before the respondent has 50
received notice of the petition or an opportunity to be 51
heard on it; 52
(7) "Family" or "household member", spouses, former 53
spouses, any person related by blood or marriage, persons 54
who are presently residing together or have resided together 55
in the past, any person who is or has been in a continuing 56
social relationship of a romantic or intimate nature with 57
the victim, and anyone who has a child in common regardless 58
of whether they have been married or have resided together 59
at any time; 60
(8) "Full order of protection", an order of protection 61
issued after a hearing on the record where the respondent 62
has received notice of the proceedings and has had an 63
opportunity to be heard ; 64
(9) "Order of protection", either an ex parte order of 65
protection or a full order of protection; 66
(10) "Pending", exists or for which a hearing date has 67
been set; 68
(11) "Pet", a living creature maintained by a 69
household member for comp anionship and not for commercial 70
purposes; 71
(12) "Petitioner", a family or household member who 72
has been a victim of domestic violence, or any person who 73
has been the victim of stalking or sexual assault, or a 74
person filing on behalf of a child pu rsuant to section 75
455.503 who has filed a verified petition pursuant to the 76
provisions of section 455.020 or section 455.505; 77 SB 352 32
(13) "Respondent", the family or household member 78
alleged to have committed an act of domestic violence, or 79
person alleged to have committed an act of stalking or 80
sexual assault, against whom a verified petition has been 81
filed or a person served on behalf of a child pursuant to 82
section 455.503; 83
(14) "Sexual assault", as defined under subdivision 84
(1) of this section; 85
(15) "Stalking", is when any person purposely engages 86
in an unwanted course of conduct that causes alarm to 87
another person, or a person who resides together in the same 88
household with the person seeking the order of protection 89
when it is reasonable in that person's situation to have 90
been alarmed by the conduct. As used in this subdivision: 91
(a) "Alarm", to cause fear of danger of physical harm; 92
and 93
(b) "Course of conduct", two or more acts that serve 94
no legitimate purpose includi ng, but not limited to, acts in 95
which the stalker directly, indirectly, or through a third 96
party follows, monitors, observes, surveils, threatens, or 97
communicates to a person by any action, method, or device. 98
455.035. 1. Upon the filing of a verified petition 1
pursuant to sections 455.010 to 455.085 and for good cause 2
shown in the petition, the court may immediately issue an ex 3
parte order of protection. An immediate and present danger 4
of domestic violence to the petitioner or th e child on whose 5
behalf the petition is filed shall constitute good cause for 6
purposes of this section. An ex parte order of protection 7
entered by the court shall take effect when entered and 8
shall remain in effect until there is valid service of 9
process and a hearing is held on the motion. The court 10
shall deny the ex parte order and dismiss the petition if 11 SB 352 33
the petitioner is not authorized to seek relief pursuant to 12
section 455.020. 13
2. Failure to serve an ex parte order of protection on 14
the respondent shall not affect the validity or 15
enforceability of such order. If the respondent is less 16
than [seventeen] eighteen years of age, unless otherwise 17
emancipated, service of process shall be made upon a 18
custodial parent or guardian of the resp ondent, or upon a 19
guardian ad litem appointed by the court, requiring that the 20
person appear and bring the respondent before the court at 21
the time and place stated. 22
3. If an ex parte order is entered and the respondent 23
is less than [seventeen] eighteen years of age, the court 24
shall transfer the case to juvenile court for a hearing on a 25
full order of protection. The court shall appoint a 26
guardian ad litem for any such respondent not represented by 27
a parent or guardian. 28
455.513. 1. The court may immediately issue an ex 1
parte order of protection upon the filing of a verified 2
petition under sections 455.500 to 455.538, for good cause 3
shown in the petition, and upon finding that: 4
(1) No prior order regarding custody in volving the 5
respondent and the child is pending or has been made; or 6
(2) The respondent is less than [seventeen] eighteen 7
years of age. 8
An immediate and present danger of domestic violence, 9
including danger to the child's pet, stalking, or sexual 10
assault to a child shall constitute good cause for purposes 11
of this section. An ex parte order of protection entered by 12
the court shall be in effect until the time of the hearing. 13
The court shall deny the ex parte order and dismiss the 14 SB 352 34
petition if the petitioner is not authorized to seek relief 15
pursuant to section 455.505. 16
2. Upon the entry of the ex parte order of protection, 17
the court shall enter its order appointing a guardian ad 18
litem or court-appointed special advocate to represent the 19
child victim. 20
3. If the allegations in the petition would give rise 21
to jurisdiction under section 211.031, the court may direct 22
the children's division to conduct an investigation and to 23
provide appropriate services. The division shall submit a 24
written investigative report to the court and to the 25
juvenile officer within thirty days of being ordered to do 26
so. The report shall be made available to the parties and 27
the guardian ad litem or court -appointed special advocate. 28
4. If the allegations in the petition would give rise 29
to jurisdiction under section 211.031 because the respondent 30
is less than [seventeen] eighteen years of age, the court 31
may issue an ex parte order and shall transfer the case to 32
juvenile court for a hearing on a fu ll order of protection. 33
Service of process shall be made pursuant to section 455.035. 34
478.001. 1. For purposes of sections 478.001 to 1
478.009, the following terms shall mean: 2
(1) "Adult treatment court", a treatment court focu sed 3
on addressing the substance use disorder or co -occurring 4
disorder of defendants charged with a criminal offense; 5
(2) "Community-based substance use disorder treatment 6
program", an agency certified by the department of mental 7
health as a substance use disorder treatment provider; 8
(3) "Co-occurring disorder", the coexistence of both a 9
substance use disorder and a mental health disorder; 10
(4) "DWI court", a treatment court focused on 11
addressing the substance use disorder or co -occurring 12 SB 352 35
disorder of defendants who have pleaded guilty to or been 13
found guilty of driving while intoxicated or driving with 14
excessive blood alcohol content; 15
(5) "Family treatment court", a treatment court 16
focused on addressing a substance use disorde r or co- 17
occurring disorder existing in families in the juvenile 18
court, family court, or criminal court in which a parent or 19
other household member has been determined to have a 20
substance use disorder or co -occurring disorder that impacts 21
the safety and well-being of the children in the family; 22
(6) "Juvenile treatment court", a treatment court 23
focused on addressing the substance use disorder or co - 24
occurring disorder of juveniles in the juvenile court; 25
(7) "Medication-assisted treatment", t he use of 26
pharmacological medications, in combination with counseling 27
and behavioral therapies, to provide a whole -patient 28
approach to the treatment of substance use disorders; 29
(8) "Mental health disorder", any organic, mental, or 30
emotional impairment that has substantial adverse effects on 31
a person's cognitive, volitional, or emotional function and 32
that constitutes a substantial impairment in a person's 33
ability to participate in activities of normal living; 34
(9) "Mental health treatment c ourt", a treatment court 35
focused on addressing the mental health disorder or co - 36
occurring disorder of defendants charged with a criminal 37
offense; 38
(10) "Risk and needs assessment", an actuarial tool, 39
approved by the treatment courts coordinating c ommission and 40
validated on a targeted population of drug -involved adult 41
offenders, scientifically proven to determine a person's 42
risk to recidivate and to identify criminal risk factors 43 SB 352 36
that, when properly addressed, can reduce that person's 44
likelihood of committing future criminal behavior; 45
[(10)] (11) "Substance use disorder", the recurrent 46
use of alcohol or drugs that causes clinically significant 47
impairment, including health problems, disability, and 48
failure to meet major responsibilities at work, school, or 49
home; 50
[(11)] (12) "Treatment court commissioner", a person 51
appointed by a majority of the circuit and associate circuit 52
judges in a circuit to preside as the judicial officer in 53
the treatment court division; 54
[(12)] (13) "Treatment court division", a specialized, 55
nonadversarial court division with jurisdiction over cases 56
involving substance-involved offenders and making extensive 57
use of comprehensive supervision, drug or alcohol testing, 58
and treatment services. Treatment court divisions include, 59
but are not limited to, the following specialized courts: 60
adult treatment court, DWI court, family treatment court, 61
juvenile treatment court, mental health treatment court, 62
veterans treatment court, or any combination ther eof; 63
[(13)] (14) "Treatment court team", the following 64
members who are assigned to the treatment court: the judge 65
or treatment court commissioner, treatment court 66
administrator or coordinator, prosecutor, public defender or 67
member of the crimina l defense bar, a representative from 68
the division of probation and parole, a representative from 69
law enforcement, substance use disorder or mental health 70
disorder treatment providers, and any other person selected 71
by the treatment court team; 72
[(14)] (15) "Veterans treatment court", a treatment 73
court focused on substance use disorders, co -occurring 74
disorders, or mental health disorders of defendants charged 75 SB 352 37
with a criminal offense who are military veterans or current 76
military personnel. 77
2. A treatment court division shall be established, 78
prior to August 28, 2021, by any circuit court pursuant to 79
sections 478.001 to 478.009 to provide an alternative for 80
the judicial system to dispose of cases which stem from, or 81
are otherwise impacted b y, a substance use disorder or 82
mental health disorder . The treatment court division may 83
include, but not be limited to, cases assigned to an adult 84
treatment court, DWI court, family treatment court, juvenile 85
treatment court, mental health treatment co urt, veterans 86
treatment court, or any combination thereof. A treatment 87
court shall combine judicial supervision, drug or alcohol 88
testing, and treatment of participants. Except for good 89
cause found by the court, a treatment court making a 90
referral for substance use disorder or mental health 91
disorder treatment, when such program will receive state or 92
federal funds in connection with such referral, shall refer 93
the person only to a program which is certified by the 94
department of mental health, unless no appropriate certified 95
treatment program is located within the same county as the 96
treatment court. Upon successful completion of the 97
treatment court program, the charges, petition, or penalty 98
against a treatment court participant may be dismissed, 99
reduced, or modified, unless otherwise stated. Except for 100
those costs waived pursuant to section 488.016, any fees 101
received by a court from a defendant as payment for 102
[substance] treatment programs shall not be considered court 103
costs, charges or fine s. 104
3. An adult treatment court may be established by any 105
circuit court [under sections 478.001 to 478.009 ] to provide 106 SB 352 38
an alternative for the judicial system to dispose of cases 107
which stem from substance use. 108
4. [Under sections 478.001 to 478 .009,] A DWI court 109
may be established by any circuit court to provide an 110
alternative for the judicial system to dispose of cases that 111
stem from driving while intoxicated. 112
5. A family treatment court may be established by any 113
circuit court. The juvenile division of the circuit court 114
or the family court, if one is established under section 115
487.010, may refer one or more parents or other household 116
members subject to its jurisdiction to the family treatment 117
court if he or she has been determined to have a substance 118
use disorder or co-occurring disorder that impacts the 119
safety and well-being of the children in the family. 120
6. A juvenile treatment court may be established by 121
the juvenile division of any circuit court. The juvenile 122
division may refer a juvenile to the juvenile treatment 123
court if the juvenile is determined to have committed acts 124
that violate the criminal laws of the state or ordinances of 125
a municipality or county and a substance use disorder or co - 126
occurring disorder contr ibuted to the commission of the 127
offense. 128
7. The general assembly finds and declares that it is 129
the public policy of this state to encourage and provide an 130
alternative method for the disposal of cases for military 131
veterans and current military per sonnel with substance use 132
disorders, mental health disorders, or co -occurring 133
disorders. In order to effectuate this public policy, a 134
veterans treatment court may be established by any circuit 135
court, or combination of circuit courts upon agreement of 136
the presiding judges of such circuit courts, to provide an 137
alternative for the judicial system to dispose of cases that 138 SB 352 39
stem from a substance use disorder, mental health disorder, 139
or co-occurring disorder of military veterans or current 140
military personnel. A veterans treatment court shall 141
combine judicial supervision, drug or alcohol testing, and 142
substance use and mental health disorder treatment to 143
participants who have served or are currently serving the 144
United States Armed Forces, including mem bers of the 145
Reserves or National Guard, with preference given to 146
individuals who have combat service. For the purposes of 147
this section, combat service shall be shown through military 148
service documentation that reflects service in a combat 149
theater, receipt of combat service medals, or receipt of 150
imminent danger or hostile fire pay or tax benefits. Except 151
for good cause found by the court, a veterans treatment 152
court shall make a referral for substance use or mental 153
health disorder treatment, or a c ombination of substance use 154
and mental health disorder treatment, through the Department 155
of Defense health care, the Veterans Administration, or a 156
community-based substance use disorder treatment program. 157
Community-based programs utilized shall receiv e state or 158
federal funds in connection with such referral and shall 159
only refer the individual to a program certified by the 160
department of mental health, unless no appropriate certified 161
treatment program is located within the same circuit as the 162
veterans treatment court. 163
8. A mental health treatment court may be established 164
by any circuit court to provide an alternative for the 165
judicial system to dispose of cases that stem from a mental 166
health disorder or co -occurring disorder. 167
478.010. 1. Except as provided in Section 25 of 1
Article V of the Constitution of Missouri, the circuit 2
judges of the various judicial circuits shall be elected at 3 SB 352 40
the general elections as herein provided and at the general 4
election every six years thereafter, and shall enter upon 5
the duties of their office on the first day in January next 6
following their election [; provided, however, that any terms 7
commencing in 1981 and 1983 shall commence on the first 8
Monday in January]. 9
2. The circuit judge of judicial circuit number one 10
shall be elected in 1980. 11
3. The circuit judge of judicial circuit number thirty - 12
six shall be elected in 1984. 13
4. The circuit judges of the remaining judicial 14
circuits, except those covered by sections 47 8.370 through 15
[478.715] 478.750, shall be elected in 1982. 16
478.330. 1. When an annual judicial performance 1
report submitted pursuant to section 477.405 indicates for 2
three consecutive calendar years the need for two or more 3
full-time judicial positions in any judicial circuit there 4
shall be one additional circuit judge position authorized in 5
such circuit, subject to [appropriations] an initial 6
appropriation made for that purpose. The clerk of the 7
supreme court shall notify the revisor of statutes of any 8
new circuit judgeships authorized pursuant to this section, 9
and the revisor of statutes shall publish a footnote to this 10
section listing the authorized judgeships and corresponding 11
judicial circuits. 12
2. Except in circuits where circuit judges are 13
selected under the provisions of Sections 25(a) to 25(g) of 14
Article V of the Constitution of Missouri, a circuit judge 15
authorized pursuant to subsection 1 of this section shall be 16
elected at the next general election after t he 17
authorization, and every six years thereafter. Such 18
judicial position shall not be considered vacant or filled 19 SB 352 41
by appointment until the first day in January next following 20
the authorization. Except in circuits where circuit judges 21
are selected under the provisions of Sections 25(a) to 25(g) 22
of Article V of the [Missouri] Constitution of Missouri, the 23
election of circuit judges authorized by this section shall 24
be conducted in accordance with chapter 115. 25
478.376. There shall be three circuit judges in the 1
sixth judicial circuit. 2
478.610. 1. [There shall be three circuit judges in 1
the thirteenth judicial circuit consisting of the counties 2
of Boone and Callaway. These judges shall sit in divisions 3
numbered one, two and three. Beginning on January 1, 2007, ] 4
There shall be [four] five circuit judges in the thirteenth 5
judicial circuit and these judges shall sit in divisions 6
numbered one, two, three, [and] four, and thirteen. 7
2. The circuit judge in division two shall be elected 8
in 1980. The circuit judges in divisions one and three 9
shall be elected in 1982. The circuit judge in division 10
four shall be elected in [2006 for a two-year term and 11
thereafter in] 2008 [for a full six-year term], and every 12
six years thereafter. The circuit judge in division 13
thirteen shall be elected in 2030, and every six years 14
thereafter. 15
3. Beginning August 28, 2001, there shall be one more 16
additional associate circuit judge position in Boone County 17
than is provided pursuant to section 478.320. 18
478.625. 1. [Beginning on January 1, 2003, ] There 1
shall be [three] four circuit judges in the nineteenth 2
judicial circuit [consisting of the county of Cole ]. 3
2. One circuit judge shall b e first elected in 1982. 4
The second circuit judge shall be first elected in 1984. 5
The third circuit judge shall be first elected in 2002. The 6 SB 352 42
fourth circuit judge shall be elected in 2030, and every six 7
years thereafter. 8
3. Effective January 1, 2021, in compliance with 9
section 478.320, there shall be two associate circuit judges 10
in Cole County. The second associate circuit judge shall be 11
first elected in 2020. 12
487.110. The uniform child custody jurisdiction and 1
enforcement act, as enacted in sections [452.440 to 452.550] 2
452.700 to 452.930, shall apply to all child custody 3
proceedings, as defined in section 452.705, in the family 4
court. 5
488.040. [1.] Each grand and petit juror shall [, 1
pursuant to the provisions of section 494.455, receive six 2
dollars per day for every day he or she may actually serve 3
as such and seven cents for every mile he or she may 4
necessarily travel going from his or her place of residence 5
to the courthouse and returning, to be paid from funds of 6
the county or a city not within a county. 7
2. Provided that a county or a city not within a 8
county authorizes daily compensation payable from county or 9
city funds for jurors who serve in that county pursuant to 10
subsection 3 of this section in the amount of at least six 11
dollars per day in addition to the amount required by 12
subsection 1 of this section, a person shall receive an 13
additional six dollars per day, pursuant to the provisions 14
of section 494.455, to be reimburs ed by the state of 15
Missouri so that the total compensation payable shall be at 16
least eighteen dollars, plus mileage as indicated in 17
subsection 1 of this section, for each day that the person 18
actually serves as a petit juror in a particular case; or 19
for each day that a person actually serves as a grand juror 20
during a term of a grand jury. The state shall reimburse 21 SB 352 43
the county for six dollars of the additional juror 22
compensation provided by this subsection. 23
3. The governing body of each county o r a city not 24
within a county may authorize additional daily compensation 25
and mileage allowance for jurors, which additional 26
compensation shall be paid from the funds of the county or a 27
city not within a county. The governing body of each county 28
or a city not within a county may authorize additional daily 29
compensation and mileage allowance for jurors attending a 30
coroner's inquest. Jurors may receive the additional 31
compensation and mileage allowance authorized by this 32
subsection only if the governi ng body of the county or the 33
city not within a county authorizes the additional 34
compensation. The provisions of this subsection authorizing 35
additional compensation shall terminate upon the issuance of 36
a mandate by the Missouri supreme court which resu lts in the 37
state of Missouri being obligated or required to pay any 38
such additional compensation even if such additional 39
compensation is formally approved or authorized by the 40
governing body of a county or a city not within a county. 41
4. When each panel of jurors summoned and attending 42
court has completed its service, the board of jury 43
commissioners shall cause to be submitted to the governing 44
body of the county or a city not within a county a statement 45
of fees earned by each juror. Within thirty days of the 46
submission of the statement of fees, the governing body 47
shall cause payment to be made to those jurors summoned the 48
fees earned during their service as jurors ] receive daily 49
compensation and mileage allowance in the amount provided by 50
law pursuant to section 494.455 . 51
488.426. 1. The judges of the circuit court, en banc, 1
in any circuit in this state may require any party filing a 2 SB 352 44
civil case in the circuit court, at the time of filing the 3
suit, to deposit with the clerk of the court a surcharge in 4
addition to all other deposits required by law or court 5
rule. Sections 488.426 to 488.432 shall not apply to 6
proceedings when costs are waived or are to be paid by the 7
county or state or any city. 8
2. The surcharge in effect on August 28, 2001, shall 9
remain in effect until changed by the circuit court. The 10
circuit court in any circuit, except the circuit court in 11
Jackson County, the circuit court in the city of St. Louis, 12
or the circuit court in any circuit t hat reimburses the 13
state for the salaries of family court commissioners under 14
and pursuant to section 487.020, may change the fee to any 15
amount not to exceed fifteen dollars. The circuit court in 16
Jackson County, the circuit court in the city of St. Lo uis, 17
or the circuit court in any circuit that reimburses the 18
state for the salaries of family court commissioners under 19
and pursuant to section 487.020 may change the fee to any 20
amount not to exceed twenty dollars. A change in the fee 21
shall become effective and remain in effect until further 22
changed. 23
3. Sections 488.426 to 488.432 shall not apply to 24
proceedings when costs are waived or are paid by the county 25
or state or any city. 26
[4. In addition to any fee authorized by subsection 1 27
of this section, any county of the first classification with 28
more than one hundred one thousand but fewer than one 29
hundred fifteen thousand inhabitants may impose an 30
additional fee of ten dollars excluding cases concerning 31
adoption and those in small cla ims court. The provisions of 32
this subsection shall expire on December 31, 2019. ] 33 SB 352 45
491.075. 1. A statement made by a child under the age 1
of [fourteen] eighteen, or a vulnerable person, relating to 2
an offense under chapter 565, 566, 5 68 or 573, performed by 3
another, not otherwise admissible by statute or court rule, 4
is admissible in evidence in criminal proceedings in the 5
courts of this state as substantive evidence to prove the 6
truth of the matter asserted if: 7
(1) The court finds, in a hearing conducted outside 8
the presence of the jury that the time, content and 9
circumstances of the statement provide sufficient indicia of 10
reliability; and 11
(2) (a) The child or vulnerable person testifies at 12
the proceedings; or 13
(b) The child or vulnerable person is unavailable as a 14
witness; or 15
(c) The child or vulnerable person is otherwise 16
physically available as a witness but the court finds that 17
the significant emotional or psychological trauma which 18
would result from testifying in the personal presence of the 19
defendant makes the child or vulnerable person unavailable 20
as a witness at the time of the criminal proceeding. 21
2. Notwithstanding subsection 1 of this section or any 22
provision of law or rule of eviden ce requiring corroboration 23
of statements, admissions or confessions of the defendant, 24
and notwithstanding any prohibition of hearsay evidence, a 25
statement by a child when under the age of [fourteen] 26
eighteen, or a vulnerable person, who is alleged to b e 27
victim of an offense under chapter 565, 566, 568 or 573 is 28
sufficient corroboration of a statement, admission or 29
confession regardless of whether or not the child or 30
vulnerable person is available to testify regarding the 31
offense. 32 SB 352 46
3. A statement may not be admitted under this section 33
unless the prosecuting attorney makes known to the accused 34
or the accused's counsel his or her intention to offer the 35
statement and the particulars of the statement sufficiently 36
in advance of the proceedings to provide the accused or the 37
accused's counsel with a fair opportunity to prepare to meet 38
the statement. 39
4. Nothing in this section shall be construed to limit 40
the admissibility of statements, admissions or confessions 41
otherwise admissible by law. 42
5. For the purposes of this section, "vulnerable 43
person" shall mean a person who, as a result of an 44
inadequately developed or impaired intelligence or a 45
psychiatric disorder that materially affects ability to 46
function, lacks the mental capacity to consent, or whose 47
developmental level does not exceed that of an ordinary 48
child of [fourteen] seventeen years of age. 49
492.304. 1. In addition to the admissibility of a 1
statement under the provisions of section 492.303, the 2
visual and aural recording of a verbal or nonverbal 3
statement of a child when under the age of [fourteen who is 4
alleged to be a victim of ] eighteen or a vulnerable person, 5
relating to an offense under the provisions of chapter 565, 6
566 [or], 568, or 573 if performed by another, is admissible 7
into evidence if: 8
(1) No attorney for either party was present when the 9
statement was made; except that, for any statement taken at 10
a state-funded child assessment center as provided for in 11
subsection 2 of sect ion 210.001, an attorney representing 12
the state of Missouri in a criminal investigation may, as a 13
member of a multidisciplinary investigation team, observe 14 SB 352 47
the taking of such statement, but such attorney shall not be 15
present in the room where the inter view is being conducted; 16
(2) The recording is both visual and aural and is 17
recorded on film or videotape or by other electronic means; 18
(3) The recording equipment was capable of making an 19
accurate recording, the operator of the equipment was 20
competent, and the recording is accurate and has not been 21
altered; 22
(4) The statement was not made in response to 23
questioning calculated to lead the child or vulnerable 24
person to make a particular statement or to act in a 25
particular way; 26
(5) Every voice on the recording is identified; 27
(6) The person conducting the interview of the child 28
or vulnerable person in the recording is present at the 29
proceeding and available to testify or be cross -examined by 30
either party; and 31
(7) The defendant or the attorney for the defendant is 32
afforded an opportunity to view the recording before it is 33
offered into evidence. 34
2. If the child or vulnerable person does not testify 35
at the proceeding, the visual and aural recording of a 36
verbal or nonverbal statement of the child or vulnerable 37
person shall not be admissible under this section unless the 38
recording qualifies for admission under section 491.075. 39
3. If the visual and aural recording of a verbal or 40
nonverbal statement of a chi ld or vulnerable person is 41
admissible under this section and the child or vulnerable 42
person testifies at the proceeding, it shall be admissible 43
in addition to the testimony of the child or vulnerable 44
person at the proceeding whether or not it repeats o r 45
duplicates the child's or vulnerable person's testimony. 46 SB 352 48
4. As used in this section, a nonverbal statement 47
shall be defined as any demonstration of the child or 48
vulnerable person by his or her actions, facial expressions, 49
demonstrations with a doll or other visual aid whether or 50
not this demonstration is accompanied by words. 51
5. For the purposes of this section, "vulnerable 52
person" shall mean a person who, as a result of an 53
inadequately developed or impaired intelligence or a 54
psychiatric disorder that materially affects the ability to 55
function, lacks the mental capacity to consent, or whose 56
developmental level does not exceed that of an ordinary 57
child of seventeen years of age. 58
494.455. 1. [Each county or city no t within a county 1
may elect to compensate its jurors pursuant to subsection 2 2
of this section except as otherwise provided in subsection 3 3
of this section. 4
2.] Each grand and petit juror shall receive a minimum 5
of six dollars per day, for every d ay [he or she] the juror 6
may actually serve as [such] a juror, and [seven cents] the 7
mileage rate as provided by section 33.095 for state 8
employees for every mile [he or she] the juror may 9
necessarily travel going from [his or her] the juror's place 10
of residence to the courthouse and returning, to be paid 11
from funds of the county or a city not within a county. 12
Each county or city not within a county may elect to 13
compensate its jurors pursuant to subsection 2 of this 14
section, except as otherwise pr ovided in subsection 3 of 15
this section. 16
2. The governing body of each county or a city not 17
within a county may authorize additional daily compensation 18
and mileage allowance for jurors, which additional 19
compensation shall be paid from the funds of the county or a 20 SB 352 49
city not within a county. The governing body of each county 21
or a city not within a county may authorize additional daily 22
compensation and mileage allowance for jurors attending a 23
coroner's inquest. Jurors may receive the additional 24
compensation and mileage allowance authorized by this 25
subsection only if the governing body of the county or the 26
city not within a county authorizes the additional 27
compensation. The provisions of this subsection authorizing 28
additional compensation sha ll terminate upon the issuance of 29
a mandate by the Missouri supreme court which results in the 30
state of Missouri being obligated or required to pay any 31
such additional compensation even if such additional 32
compensation is formally approved or authorized by the 33
governing body of a county or a city not within a county. 34
Provided that a county or a city not within a county 35
authorizes daily compensation payable from county or city 36
funds for jurors who serve in that county pursuant to this 37
subsection in the amount of at least six dollars per day in 38
addition to the amount required by [this] subsection 1 of 39
this section, a person shall receive an additional six 40
dollars per day to be reimbursed by the state of Missouri so 41
that the total compensation paya ble shall be at least 42
eighteen dollars, plus mileage for each day that the person 43
actually serves as a petit juror in a particular case; or 44
for each day that a person actually serves as a grand juror 45
during a term of a grand jury. The state shall reim burse 46
the county for six dollars of the additional juror 47
compensation provided by this subsection. 48
3. [In any county of the first classification without 49
a charter form of government and with a population of at 50
least two hundred thousand inhabitan ts, no grand or petit 51
juror shall receive compensation for the first two days of 52 SB 352 50
service, but shall receive fifty dollars per day for the 53
third day and each subsequent day he or she may actually 54
serve as such, and seven cents for every mile he or she m ay 55
necessarily travel going from his or her place of residence 56
to the courthouse and returning, to be paid from funds of 57
the county] Notwithstanding the provisions of subsections 1 58
or 2 of this section to the contrary, by a majority vote, 59
the governing body of a county or a city not within a county 60
may adopt a system for juror compensation in the county or a 61
city not within a county as follows: each grand or petit 62
juror shall receive fifty dollars per day for the third day 63
the juror may actually se rve as a juror and for each 64
subsequent day of actual service, and the mileage rate as 65
provided by section 33.095 for state employees for every 66
mile the juror may necessarily travel from the juror's place 67
of residence to the courthouse and returning, to be paid 68
from funds of the county or a city not within a county; 69
provided that no grand or petit juror shall receive 70
compensation for the first two days the juror may actually 71
serve as such. 72
4. When each panel of jurors summoned and attending 73
court has completed its service, the board of jury 74
commissioners shall cause to be submitted to the governing 75
body of the county or a city not within a county a statement 76
of fees earned by each juror. Within thirty days of the 77
submission of the statemen t of fees, the governing body 78
shall cause payment to be made to those jurors summoned the 79
fees earned during their service as jurors. 80
509.520. 1. Notwithstanding any provision of law to 1
the contrary, beginning August 28, 2023, plead ings, 2
attachments, exhibits filed with the court in any case, as 3
well as any judgments or orders issued by the court, or 4 SB 352 51
other records of the court shall not include the following 5
confidential and personal identifying information: 6
(1) The full Social Security number of any party or 7
any child; 8
(2) The full credit card number, financial institution 9
account number, personal identification number, or password 10
used to secure an account of any party; 11
(3) The full motor vehicle operator li cense number; 12
(4) [Victim] Information[, including the name, 13
address, and other contact information of the ] concerning a 14
victim or witness in a criminal case that is confidential as 15
otherwise provided by law or as prescribed in the Missouri 16
supreme court rules of criminal procedure or Missouri 17
supreme court operating rules ; 18
(5) [Witness information, including the name, address, 19
and other contact information of the witness; 20
(6)] Any other full state identification number; 21
[(7)] (6) The name, address, and date of birth of a 22
minor and, if applicable, any next friend; [or 23
(8)] (7) The full date of birth of any party; however, 24
the year of birth shall be made available, except for a 25
minor; or 26
(8) Any other information r edacted for good cause by 27
order of the court. 28
2. The information provided under subsection 1 of this 29
section shall be provided in a confidential information 30
filing sheet contemporaneously filed with the court or 31
entered by the court, which shall not be subject to public 32
inspection or availability. 33
3. Nothing in this section shall preclude an entity 34
including, but not limited to, a financial institution, 35
insurer, insurance support organization, or consumer 36 SB 352 52
reporting agency that is otherwi se permitted by law to 37
access state court records from using a person's unique 38
identifying information to match such information contained 39
in a court record to validate that person's record. 40
4. The Missouri supreme court shall promulgate rules 41
to administer this section. 42
5. Contemporaneously with the filing of every petition 43
for dissolution of marriage, legal separation, motion for 44
modification, action to establish paternity, and petition or 45
motion for support or custody of a minor child, the filing 46
party shall file a confidential case filing sheet with the 47
court which shall not be subject to public inspection and 48
which provides: 49
(1) The name and address of the current employer and 50
the Social Security number of the petitioner or movant, if a 51
person; 52
(2) If known to the petitioner or movant, the name and 53
address of the current employer and the Social Security 54
number of the respondent; and 55
(3) The names, dates of birth, and Social Security 56
numbers of any children sub ject to the action. 57
6. Contemporaneously with the filing of every 58
responsive pleading petition for dissolution of marriage, 59
legal separation, motion for modification, action to 60
establish paternity, and petition or motion for support or 61
custody of a minor child, the responding party shall file a 62
confidential case filing sheet with the court which shall 63
not be subject to public inspection and which provides: 64
(1) The name and address of the current employer and 65
the Social Security number of the responding party, if a 66
person; 67 SB 352 53
(2) If known to the responding party, the name and 68
address of the current employer and the Social Security 69
number of the petitioner or movant; and 70
(3) The names, dates of birth, and Social Security 71
numbers of any children subject to the action. 72
7. The full Social Security number of any party or 73
child subject to an order of custody or support shall be 74
retained by the court on the confidential case filing sheet 75
or other confidential record maintained in conjunction with 76
the administration of the case. The full credit card number 77
or other financial account number of any party may be 78
retained by the court on a confidential record if it is 79
necessary to maintain the number in conjunction with the 80
administration of the case. 81
8. Any document described in subsection 1 of this 82
section shall, in lieu of the full number, include only the 83
last four digits of any such number. 84
9. Except as provided in section 452.430, the clerk 85
shall not be required to redact any document described in 86
subsection 1 of this section issued or filed before August 87
28, 2009, prior to releasing the document to the public. 88
10. For good cause shown, the court may release 89
information contained on the confidential case filing sheet; 90
except that, any state agency acting under authority of 91
chapter 454 shall have access to information contained 92
herein without court order in carrying out their official 93
duty. 94
510.500. Sections 510.500 to 510.521 shall be known 1
and may be cited as the "Uniform Interstate Depositions and 2
Discovery Act". 3
510.503. As used in sections 510.500 to 510.521, the 1
following terms mean: 2 SB 352 54
(1) "Foreign jurisdiction", a state other than this 3
state; 4
(2) "Foreign subpoena", a subpoena issued under 5
authority of a court of record of a foreign jurisdiction; 6
(3) "Person", an individual, corporation, business 7
trust, estate, trust, partnership, limited liability 8
company, association, joint vent ure, public corporation, 9
government or political subdivision, agency or 10
instrumentality, or any other legal or commercial entity; 11
(4) "State", a state of the United States, the 12
District of Columbia, Puerto Rico, the United States Virgin 13
Islands, a federally recognized Indian tribe, or any 14
territory or insular possession subject to the jurisdiction 15
of the United States; 16
(5) "Subpoena", a document, however denominated, 17
issued under authority of a court of record requiring a 18
person to: 19
(a) Attend and give testimony at a deposition; 20
(b) Produce and permit inspection and copying of 21
designated books, documents, records, electronically stored 22
information, or tangible items in the possession, custody, 23
or control of the person; or 24
(c) Permit inspection of premises under the control of 25
the person. 26
510.506. 1. To request issuance of a subpoena under 1
this section, a party shall submit a foreign subpoena to a 2
clerk of court in the county in which discovery i s sought to 3
be conducted in this state. A request for the issuance of a 4
subpoena under sections 510.500 to 510.521 shall not 5
constitute an appearance in the courts of this state. 6
2. If a party submits a foreign subpoena to a clerk of 7
court in this state, the clerk, in accordance with such 8 SB 352 55
court's procedure, shall promptly issue a subpoena for 9
service upon the person to which the foreign subpoena is 10
directed. 11
3. A subpoena under subsection 2 of this section shall: 12
(1) Incorporate the terms used in the foreign 13
subpoena; and 14
(2) Contain or be accompanied by the names, addresses, 15
and telephone numbers of all counsel of record in the 16
proceeding to which the subpoena relates and of any party 17
not represented by counsel. 18
510.509. A subpoena issued by a clerk of court under 1
section 510.506 shall be served in compliance with the 2
Missouri supreme court rules of civil procedure and laws of 3
this state. 4
510.512. The Missouri supreme co urt rules of civil 1
procedure and laws of this state, and any amendments 2
thereto, apply to subpoenas issued under section 510.506. 3
510.515. An application to the court for a protective 1
order or to enforce, quash, or modify a subpoena issued by a 2
clerk of court under section 510.506 shall comply with the 3
Missouri supreme court rules of civil procedure and the laws 4
of this state and be submitted to the court in the county in 5
which discovery is to be conducted. 6
510.518. In applying and construing sections 510.500 1
to 510.521, consideration shall be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
510.521. Sections 510.500 to 510.5 21 apply to requests 1
for discovery in cases pending on August 28, 2025. 2
537.529. 1. This section shall be known and may be 1
cited as the "Uniform Public Expression Protection Act". 2
2. As used in this section, the following terms mean: 3 SB 352 56
(1) "Goods or services", does not include a dramatic, 4
literary, musical, political, journalistic, or artistic work; 5
(2) "Governmental unit", any city, county, or other 6
political subdivision of this state, or any department, 7
division, board, or other agency of any political 8
subdivision of this state; 9
(3) "Person", an individual, estate, trust, 10
partnership, business or nonprofit entity, governmental 11
unit, or other legal entity. 12
3. Except as otherwise provided in subsection 4 of 13
this section, the provisions of this section shall apply to 14
a cause of action asserted in a civil action against a 15
person based on the person's: 16
(1) Communication in a legislative, executive, 17
judicial, administrative, or other governmental proceeding; 18
(2) Communication on an issue under consideration or 19
review in a legislative, executive, judicial, 20
administrative, or other governmental proceeding; or 21
(3) Exercise of the right of freedom of speech or of 22
the press, the right to assemble or petition, or the right 23
of association, guaranteed by the Constitution of the United 24
States or the Constitution of the state of Missouri, on a 25
matter of public concern. 26
4. The provisions of this section shall not apply to a 27
cause of action asserted: 28
(1) Against a governmental unit or an employee or 29
agent of a governmental unit acting or purporting to act in 30
an official capacity; 31
(2) By a governmental unit or an employee or agent of 32
a governmental unit acting in an officia l capacity to 33
enforce a law to protect against an imminent threat to 34
public health or safety; or 35 SB 352 57
(3) Against a person primarily engaged in the business 36
of selling or leasing goods or services if the cause of 37
action arises out of a communication r elated to the person's 38
sale or lease of the goods or services. 39
5. No later than sixty days after a party is served 40
with a complaint, crossclaim, counterclaim, third -party 41
claim, or other pleading that asserts a cause of action to 42
which this section applies, or at a later time on a showing 43
of good cause, the party may file a special motion to 44
dismiss the cause of action or part of the cause of action. 45
6. (1) Except as otherwise provided in this 46
subsection: 47
(a) All other proceedings between the moving party and 48
responding party in an action, including discovery and a 49
pending hearing or motion, are stayed on the filing of a 50
motion under subsection 5 of this section; and 51
(b) On motion by the moving party, the court may stay: 52
a. A hearing or motion involving another party if the 53
ruling on the hearing or motion would adjudicate a legal or 54
factual issue that is material to the motion under 55
subsection 5 of this section; or 56
b. Discovery by another party if the discover y relates 57
to a legal or factual issue that is material to the motion 58
under subsection 5 of this section. 59
(2) A stay under subdivision (1) of this subsection 60
remains in effect until entry of an order ruling on the 61
motion filed under subsection 5 o f this section and the 62
expiration of the time to appeal the order. 63
(3) If a party appeals from an order ruling on a 64
motion under subsection 5 of this section, all proceedings 65
between all parties in an action are stayed. The stay 66
remains in effect until the conclusion of the appeal. 67 SB 352 58
(4) During a stay under subdivision (1) of this 68
subsection, the court may allow limited discovery if a party 69
shows that specific information is necessary to establish 70
whether a party has satisfied or failed to satisfy a burden 71
imposed by subdivision (1) of subsection 9 of this section 72
and is not reasonably available without discovery. 73
(5) A motion for costs and expenses under subsection 74
12 of this section shall not be subject to a stay under this 75
section. 76
(6) A stay under this subsection does not affect a 77
party's ability to voluntarily dismiss a cause of action or 78
part of a cause of action or move to sever a cause of action. 79
(7) During a stay under this section, the court for 80
good cause may hear and rule on: 81
(a) A motion unrelated to the motion under subsection 82
5 of this section; and 83
(b) A motion seeking a special or preliminary 84
injunction to protect against an imminent threat to public 85
health or safety. 86
7. (1) The court shall hear a motion under subsection 87
5 of this section no later than sixty days after filing of 88
the motion, unless the court orders a later hearing: 89
(a) To allow discovery under subdivision (4) of 90
subsection 6 of this section; or 91
(b) For other good cause. 92
(2) If the court orders a later hearing under 93
paragraph (a) of subdivision (1) of this subsection, the 94
court shall hear the motion under subsection 5 of this 95
section no later than sixty days after the court order 96
allowing the discovery, subject to paragraph (b) of 97
subdivision (1) of this subsection. 98 SB 352 59
8. In ruling on a motion under subsection 5 of this 99
section, the court shall consider the parties' pleadings, 100
the motion, any replies and responses to the motion, and any 101
evidence that could be considered in ruling on a motion for 102
summary judgment. 103
9. (1) In ruling on a motion under subsection 5 of 104
this section, the court shall dismiss with prejudice a cause 105
of action or part of a cause of action if: 106
(a) The moving party establishes under subsection 3 of 107
this section that this section applies; 108
(b) The responding party fails to establish under 109
subsection 4 of this section that this section does not 110
apply; and 111
(c) Either: 112
a. The responding party fails to establish a prima 113
facie case as to each essential element of the cause of 114
action; or 115
b. The moving party establishes that: 116
(i) The responding party failed to state a cause of 117
action upon which relief can be granted; or 118
(ii) There is no genuine issue as to any material fact 119
and the party is entitled to judgment as a matter of law on 120
the cause of action or part of the cause of action. 121
(2) A voluntary dismissal without prejudice of a 122
responding party's cause of acti on, or part of a cause of 123
action, that is the subject of a motion under subsection 5 124
of this section does not affect a moving party's right to 125
obtain a ruling on the motion and seek costs, reasonable 126
attorney's fees, and reasonable litigation expenses under 127
subsection 12 of this section. 128
(3) A voluntary dismissal with prejudice of a 129
responding party's cause of action, or part of a cause of 130 SB 352 60
action, that is the subject of a motion under subsection 5 131
of this section establishes for the purpose of subsection 12 132
of this section that the moving party prevailed on the 133
motion. 134
10. The court shall rule on a motion under subsection 135
5 of this section no later than sixty days after the hearing 136
under subsection 7 of this section. 137
11. A moving party may appeal within twenty -one days 138
as a matter of right from an order denying, in whole or in 139
part, a motion under subsection 5 of this section. 140
12. On a motion under subsection 5 of this section, 141
the court shall award costs, reasonable att orney's fees, and 142
reasonable litigation expenses related to the motion: 143
(1) To the moving party if the moving party prevails 144
on the motion; or 145
(2) To the responding party if the responding party 146
prevails on the motion and the court finds tha t the motion 147
was frivolous or filed solely with intent to delay the 148
proceeding. 149
13. This section shall be broadly construed and 150
applied to protect the exercise of the right of freedom of 151
speech and of the press, the right to assemble and petition , 152
and the right of association, guaranteed by the Constitution 153
of the United States or the Constitution of the state of 154
Missouri. 155
14. In applying and construing this section, 156
consideration shall be given to the need to promote 157
uniformity of the law with respect to its subject matter 158
among states that enact it. 159
15. This section applies to a civil action filed or 160
cause of action asserted in a civil action on or after 161
August 28, 2025. 162 SB 352 61
537.1300. Sections 537.1300 to 537.1 316 shall be known 1
and may be cited as the "Uniform Civil Remedies for 2
Unauthorized Disclosure of Intimate Images Act". 3
537.1302. As used in sections 537.1300 to 537.1316, 1
the following terms mean: 2
(1) "Consent", affirmative, c onscious, and voluntary 3
authorization by an individual with legal capacity to give 4
authorization; 5
(2) "Depicted individual", an individual whose body is 6
shown in whole or in part in an intimate image; 7
(3) "Disclosure", transfer, publication, or 8
distribution to another person. The term "disclose" has a 9
corresponding meaning; 10
(4) "Identifiable", recognizable by a person other 11
than the depicted individual: 12
(a) From an intimate image itself; or 13
(b) From an intimate image and identifying 14
characteristic displayed in connection with the intimate 15
image; 16
(5) "Identifying characteristic", information that may 17
be used to identify a depicted individual; 18
(6) "Individual", a human being; 19
(7) "Intimate image", a pho tograph, film, video 20
recording, or other similar medium that shows: 21
(a) The uncovered genitals, pubic area, anus, or 22
female postpubescent nipple of a depicted individual; or 23
(b) A depicted individual engaging in or being 24
subjected to sexual conduct; 25
(8) "Person", an individual, estate, business or 26
nonprofit entity, public corporation, government or 27
governmental subdivision, agency, or instrumentality, or 28
other legal entity; 29 SB 352 62
(9) "Sexual conduct" includes: 30
(a) Masturbation; 31
(b) Genital, anal, or oral sex; 32
(c) Sexual penetration of, or with, an object; 33
(d) Bestiality; or 34
(e) The transfer of semen onto a depicted individual. 35
537.1304. 1. As used in this section, the following 1
terms mean: 2
(1) "Harm", includes physical harm, economic harm, and 3
emotional distress whether or not accompanied by physical or 4
economic harm; 5
(2) "Private": 6
(a) Created or obtained under circumstances in which a 7
depicted individual had a r easonable expectation of privacy; 8
or 9
(b) Made accessible through stealing, bribery, 10
extortion, fraud, false pretenses, or exceeding authorized 11
access to an account, message, file, device, resource, or 12
property. 13
2. Except as otherwise provid ed in 537.1306, a 14
depicted individual who is identifiable and who suffers harm 15
from a person's intentional disclosure or threatened 16
disclosure of an intimate image that was private without the 17
depicted individual's consent has a cause of action against 18
the person if the person knew or acted with reckless 19
disregard for whether: 20
(1) The depicted individual did not consent to the 21
disclosure; 22
(2) The intimate image was private; and 23
(3) The depicted individual was identifiable. 24
3. The following conduct by a depicted individual does 25
not establish by itself that the individual consented to the 26 SB 352 63
disclosure of the intimate image that is the subject of an 27
action under sections 537.1300 to 537.1316 or that the 28
individual lacked a reaso nable expectation of privacy: 29
(1) Consent to creation of the image; or 30
(2) Previous consensual disclosure of the image. 31
4. A depicted individual who does not consent to the 32
sexual conduct or uncovering of the part of the body 33
depicted in an intimate image of the individual retains a 34
reasonable expectation of privacy even if the image was 35
created when the individual was in a public place. 36
537.1306. 1. As used in this section, the following 1
terms mean: 2
(1) "Child", an unemancipated individual who is under 3
eighteen years of age; 4
(2) "Parent", an individual recognized as a parent 5
under law of this state other than in sections 537.1300 to 6
537.1316. 7
2. A person is not liable under sections 537.1300 t o 8
537.1316 if the person proves that disclosure of, or a 9
threat to disclose, an intimate image was: 10
(1) Made in good faith in: 11
(a) Law enforcement; 12
(b) A legal proceeding; or 13
(c) Medical education or treatment; 14
(2) Made in good faith in the reporting or 15
investigation of: 16
(a) Unlawful conduct; or 17
(b) Unsolicited and unwelcome conduct; 18
(3) Related to a matter of public concern or public 19
interest; or 20
(4) Reasonably intended to assist the depicted 21
individual. 22 SB 352 64
3. Subject to subsection 4 of this section, a 23
defendant who is a parent, legal guardian, or individual 24
with legal custody of a child is not liable under sections 25
537.1300 to 537.1316 for a disclosure or threatened 26
disclosure of an intimate image of the child. 27
4. If a defendant asserts an exception to liability 28
under subsection 3 of this section, the exception does not 29
apply if the plaintiff proves the disclosure was: 30
(1) Prohibited by law other than in sections 537.1300 31
to 537.1316; or 32
(2) Made for the purpose of sexual arousal, sexual 33
gratification, humiliation, degradation, or monetary or 34
commercial gain. 35
5. Disclosure of, or a threat to disclose, an intimate 36
image is not a matter of public concern or public i nterest 37
solely because the depicted individual is a public figure. 38
537.1308. In an action under sections 537.1300 to 1
537.1316: 2
(1) A plaintiff may proceed using a pseudonym in place 3
of the true name of the plaintiff; 4
(2) The court may exclude or redact from all pleadings 5
and documents filed in the action other identifying 6
characteristics of the plaintiff; 7
(3) A plaintiff to whom subdivision (1) or (2) of this 8
section applies shall file with the court and serve on the 9
defendant a confidential information form that includes the 10
excluded or redacted plaintiff's name and other identifying 11
characteristics; and 12
(4) The court may make further orders as necessary to 13
protect the identity and privacy of a plaintiff . 14
537.1310. 1. In an action under sections 537.1300 to 1
537.1316, a prevailing plaintiff may recover: 2 SB 352 65
(1) The greater of: 3
(a) Economic and noneconomic damages proximately 4
caused by the defendant's disclosure or threatened 5
disclosure, including damages for emotional distress whether 6
or not accompanied by other damages; or 7
(b) Statutory damages not to exceed ten thousand 8
dollars against each defendant found liable under sections 9
537.1300 to 537.1316 for all disclosu res and threatened 10
disclosures by the defendant of which the plaintiff knew or 11
reasonably should have known when filing the action or which 12
became known during the pendency of the action. In 13
determining the amount of statutory damages under this 14
paragraph, consideration shall be given to the age of the 15
parties at the time of the disclosure or threatened 16
disclosure, the number of disclosures or threatened 17
disclosures made by the defendant, the breadth of 18
distribution of the image by the defendant, and other 19
exacerbating or mitigating factors; 20
(2) An amount equal to any monetary gain made by the 21
defendant from disclosure of the intimate image; and 22
(3) Punitive damages as allowed under law of this 23
state other than under sections 537.130 0 to 537.1316. 24
2. In an action under sections 537.1300 to 537.1316, 25
the court may award a prevailing plaintiff: 26
(1) Reasonable attorney's fees and costs; and 27
(2) Additional relief, including injunctive relief. 28
3. Sections 537.1300 to 537.1316 do not affect a right 29
or remedy available under law of this state other than under 30
sections 537.1300 to 537.1316. 31
537.1312. 1. An action under subsection 2 of section 1
537.1304 for: 2 SB 352 66
(1) An unauthorized disclosure sh all not be brought 3
later than four years from the date the disclosure was 4
discovered or should have been discovered with the exercise 5
of reasonable diligence; and 6
(2) A threat to disclose shall not be brought later 7
than four years from the date o f the threat to disclose. 8
2. Except as otherwise provided in subsection 3 of 9
this section, this section is subject to the tolling 10
statutes of this state. 11
3. In an action under subsection 2 of section 537.1304 12
by a depicted individual who was a minor on the date of the 13
disclosure or threat to disclose, the time specified in 14
subsection 1 of this section does not begin to run until the 15
depicted individual attains the age of majority. 16
537.1314. Sections 537.1300 to 537.1316 shall be 1
construed to be consistent with the Communications Decency 2
Act of 1996, 47 U.S.C. Section 230. 3
537.1316. In applying and construing sections 537.1300 1
to 537.1316, consideration shall be given to the need to 2
promote uniformity of the law with respect to its subject 3
matter among states that enact it. 4
559.125. 1. The clerk of the court shall keep in a 1
permanent file all applications for probation or parole by 2
the court, and shall keep in such manner as may be 3
prescribed by the court complete and full records of all 4
presentence investigations requested, probations or paroles 5
granted, revoked or terminated and all discharges from 6
probations or paroles. All court orders relating to any 7
presentence investigation requested and probation or parole 8
granted under the provisions of this chapter and sections 9
558.011 and 558.026 shall be kept in a like manner, and, if 10
the defendant subject to any such order is subject to an 11 SB 352 67
investigation or is under the su pervision of the division of 12
probation and parole, a copy of the order shall be sent to 13
the division of probation and parole. In any county where a 14
parole board ceases to exist, the clerk of the court shall 15
preserve the records of that parole board. 16
2. Except in criminal proceedings, information and 17
data obtained by a probation or parole officer shall be 18
privileged information and shall not be receivable in any 19
court. Such information shall not be disclosed directly or 20
indirectly to anyone o ther than the members of a parole 21
board and the judge entitled to receive reports, except the 22
court, the division of probation and parole, or the parole 23
board may in its discretion permit the inspection of the 24
report, or parts of such report, by the de fendant, or 25
offender or his or her attorney, or other person having a 26
proper interest therein. 27
3. The provisions of subsection 2 of this section 28
notwithstanding, the presentence investigation report shall 29
be made available to the state and all in formation and data 30
obtained in connection with preparation of the presentence 31
investigation report may be made available to the state at 32
the discretion of the court upon a showing that the receipt 33
of the information and data is in the best interest of the 34
state. 35
566.151. 1. A person twenty-one years of age or older 1
commits the offense of enticement of a child if he or she 2
persuades, solicits, coaxes, entices, or lures whether by 3
words, actions or through communication via the in ternet or 4
any electronic communication, any person who is less than 5
[fifteen] seventeen years of age for the purpose of engaging 6
in sexual conduct. 7 SB 352 68
2. It is not a defense to a prosecution for a 8
violation of this section that the other person was a peace 9
officer masquerading as a minor. 10
3. Enticement of a child or an attempt to commit 11
enticement of a child is a felony for which the authorized 12
term of imprisonment shall be not less than five years and 13
not more than thirty years. No person convicted under this 14
section shall be eligible for parole, probation, conditional 15
release, or suspended imposition or execution of sentence 16
for a period of five calendar years. 17
567.030. 1. A person commits the offense of 1
patronizing prostitution if he or she: 2
(1) Pursuant to a prior understanding, gives something 3
of value to another person as compensation for having 4
engaged in sexual conduct with any person; or 5
(2) Gives or agrees to give something of value to 6
another person with the understanding that such person or 7
another person will engage in sexual conduct with any 8
person; or 9
(3) Solicits or requests another person to engage in 10
sexual conduct with any person in return for something of 11
value. 12
2. It shall not be a defense that the person believed 13
that the individual he or she patronized for prostitution 14
was eighteen years of age or older. 15
3. The offense of patronizing prostitution is a class 16
B misdemeanor, unless the individual who the perso n 17
patronizes is less than eighteen years of age but older than 18
[fourteen] fifteen years of age, in which case patronizing 19
prostitution is a class E felony. 20
4. The offense of patronizing prostitution is a class 21
[D] B felony if the individual who t he person patronizes is 22 SB 352 69
[fourteen] fifteen years of age or younger. Nothing in this 23
section shall preclude the prosecution of an individual for 24
the offenses of: 25
(1) Statutory rape in the first degree pursuant to 26
section 566.032; 27
(2) Statutory rape in the second degree pursuant to 28
section 566.034; 29
(3) Statutory sodomy in the first degree pursuant to 30
section 566.062; or 31
(4) Statutory sodomy in the second degree pursuant to 32
section 566.064. 33
575.205. 1. A person commits the offense of tampering 1
with electronic monitoring equipment if he or she 2
intentionally removes, alters, tampers with, damages, [or] 3
destroys, fails to charge, or otherwise disables electronic 4
monitoring equipment which a court, the divisi on of 5
probation and parole or the parole board has required such 6
person to wear. 7
2. This section does not apply to the owner of the 8
equipment or an agent of the owner who is performing 9
ordinary maintenance or repairs on the equipment. 10
3. The offense of tampering with electronic monitoring 11
equipment is a class D felony. 12
4. The offense of tampering with electronic monitoring 13
equipment if a person fails to charge or otherwise disables 14
electronic monitoring equipment is a class E felony , unless 15
the offense for which the person was placed on electronic 16
monitoring was a misdemeanor, in which case it is a class A 17
misdemeanor. 18
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensation Fun d". A 2
surcharge of seven dollars and fifty cents shall be assessed 3 SB 352 70
as costs in each court proceeding filed in any court in the 4
state in all criminal cases including violations of any 5
county ordinance or any violation of criminal or traffic 6
laws of the state, including an infraction and violation of 7
a municipal ordinance; except that no such fee shall be 8
collected in any proceeding in any court when the proceeding 9
or the defendant has been dismissed by the court or when 10
costs are to be paid by the state, county, or municipality. 11
A surcharge of seven dollars and fifty cents shall be 12
assessed as costs in a juvenile court proceeding in which a 13
child is found by the court to come within the applicable 14
provisions of subdivision (3) of subsection 1 o f section 15
211.031. 16
2. Notwithstanding any other provision of law to the 17
contrary, the moneys collected by clerks of the courts 18
pursuant to the provisions of subsection 1 of this section 19
shall be collected and disbursed in accordance with sections 20
488.010 to 488.020 and shall be payable to the director of 21
the department of revenue. 22
3. The director of revenue shall deposit annually the 23
amount of two hundred fifty thousand dollars to the state 24
forensic laboratory account administered by the department 25
of public safety to provide financial assistance to defray 26
expenses of crime laboratories if such analytical 27
laboratories are registered with the federal Drug 28
Enforcement Agency or the Missouri department of health and 29
senior services. Subject to appropriations made therefor, 30
such funds shall be distributed by the department of public 31
safety to the crime laboratories serving the courts of this 32
state making analysis of a controlled substance or analysis 33
of blood, breath or urine in rela tion to a court proceeding. 34 SB 352 71
4. The remaining funds collected under subsection 1 of 35
this section shall be denoted to the payment of an annual 36
appropriation for the administrative and operational costs 37
of the office for victims of crime and, if a st atewide 38
automated crime victim notification system is established 39
pursuant to section 650.310, to the monthly payment of 40
expenditures actually incurred in the operation of such 41
system. Additional remaining funds shall be subject to the 42
following provisions: 43
(1) On the first of every month, the director of 44
revenue or the director's designee shall determine the 45
balance of the funds in the crime victims' compensation fund 46
available to satisfy the amount of compensation payable 47
pursuant to sections 595.010 to 595.075, excluding sections 48
595.050 and 595.055; 49
(2) Beginning on September 1, 2004, and on the first 50
of each month, the director of revenue or the director's 51
designee shall deposit fifty percent of the balance of funds 52
available to the credit of the crime victims' compensation 53
fund and fifty percent to the services to victims' fund 54
established in section 595.100. 55
5. The director of revenue or such director's designee 56
shall at least monthly report the moneys paid pursuant t o 57
this section into the crime victims' compensation fund and 58
the services to victims fund to the department of public 59
safety. 60
6. The moneys collected by clerks of municipal courts 61
pursuant to subsection 1 of this section shall be collected 62
and disbursed as provided by sections 488.010 to 488.020. 63
Five percent of such moneys shall be payable to the city 64
treasury of the city from which such funds were collected. 65
The remaining ninety -five percent of such moneys shall be 66 SB 352 72
payable to the director of revenue. The funds received by 67
the director of revenue pursuant to this subsection shall be 68
distributed as follows: 69
(1) On the first of every month, the director of 70
revenue or the director's designee shall determine the 71
balance of the funds i n the crime victims' compensation fund 72
available to satisfy the amount of compensation payable 73
pursuant to sections 595.010 to 595.075, excluding sections 74
595.050 and 595.055; 75
(2) Beginning on September 1, 2004, and on the first 76
of each month the director of revenue or the director's 77
designee shall deposit fifty percent of the balance of funds 78
available to the credit of the crime victims' compensation 79
fund and fifty percent to the services to victims' fund 80
established in section 595.100. 81
7. These funds shall be subject to a biennial audit by 82
the Missouri state auditor. Such audit shall include all 83
records associated with crime victims' compensation funds 84
collected, held or disbursed by any state agency. 85
8. In addition to the mon eys collected pursuant to 86
subsection 1 of this section, the court shall enter a 87
judgment in favor of the state of Missouri, payable to the 88
crime victims' compensation fund, of sixty -eight dollars 89
upon a plea of guilty or a finding of guilt for a class A or 90
B felony; forty-six dollars upon a plea of guilty or finding 91
of guilt for a class C [or], D, or E felony; and ten dollars 92
upon a plea of guilty or a finding of guilt for any 93
misdemeanor under Missouri law except for those in chapter 94
252 relating to fish and game, chapter 302 relating to 95
drivers' and commercial drivers' license, chapter 303 96
relating to motor vehicle financial responsibility, chapter 97
304 relating to traffic regulations, chapter 306 relating to 98 SB 352 73
watercraft regulation and licensing , and chapter 307 99
relating to vehicle equipment regulations. Any clerk of the 100
court receiving moneys pursuant to such judgments shall 101
collect and disburse such crime victims' compensation 102
judgments in the manner provided by sections 488.010 to 103
488.020. Such funds shall be payable to the state treasury 104
and deposited to the credit of the crime victims' 105
compensation fund. 106
9. The clerk of the court processing such funds shall 107
maintain records of all dispositions described in subsection 108
1 of this section and all dispositions where a judgment has 109
been entered against a defendant in favor of the state of 110
Missouri in accordance with this section; all payments made 111
on judgments for alcohol -related traffic offenses; and any 112
judgment or portion of a judgment entered but not 113
collected. These records shall be subject to audit by the 114
state auditor. The clerk of each court transmitting such 115
funds shall report separately the amount of dollars 116
collected on judgments entered for alcohol -related traffic 117
offenses from other crime victims' compensation collections 118
or services to victims collections. 119
10. The department of revenue shall maintain records 120
of funds transmitted to the crime victims' compensation fund 121
by each reporting court and colle ctions pursuant to 122
subsection 16 of this section and shall maintain separate 123
records of collection for alcohol -related offenses. 124
11. The state courts administrator shall include in 125
the annual report required by section 476.350 the circuit 126
court caseloads and the number of crime victims' 127
compensation judgments entered. 128
12. All awards made to injured victims under sections 129
595.010 to 595.105 and all appropriations for administration 130 SB 352 74
of sections 595.010 to 595.105, except sections 595.050 an d 131
595.055, shall be made from the crime victims' compensation 132
fund. Any unexpended balance remaining in the crime 133
victims' compensation fund at the end of each biennium shall 134
not be subject to the provision of section 33.080 requiring 135
the transfer of such unexpended balance to the ordinary 136
revenue fund of the state, but shall remain in the crime 137
victims' compensation fund. In the event that there are 138
insufficient funds in the crime victims' compensation fund 139
to pay all claims in full, all claims shall be paid on a pro 140
rata basis. If there are no funds in the crime victims' 141
compensation fund, then no claim shall be paid until funds 142
have again accumulated in the crime victims' compensation 143
fund. When sufficient funds become available from the fund, 144
awards which have not been paid shall be paid in 145
chronological order with the oldest paid first. In the 146
event an award was to be paid in installments and some 147
remaining installments have not been paid due to a lack of 148
funds, then when funds do become available that award shall 149
be paid in full. All such awards on which installments 150
remain due shall be paid in full in chronological order 151
before any other postdated award shall be paid. Any award 152
pursuant to this subsection is specifically not a claim 153
against the state, if it cannot be paid due to a lack of 154
funds in the crime victims' compensation fund. 155
13. When judgment is entered against a defendant as 156
provided in this section and such sum, or any part thereof, 157
remains unpaid, there shall be withheld from any 158
disbursement, payment, benefit, compensation, salary, or 159
other transfer of money from the state of Missouri to such 160
defendant an amount equal to the unpaid amount of such 161
judgment. Such amount shall be paid forthwith to the crime 162 SB 352 75
victims' compensation fund and satisfaction of such judgment 163
shall be entered on the court record. Under no 164
circumstances shall the general revenue fund be used to 165
reimburse court costs or pay for such judgment. The 166
director of the department of corrections shall have the 167
authority to pay into the crime victims' compensation fund 168
from an offender's compensation or account the amount owed 169
by the offender to the crime victims' compensation fund, 170
provided that the offender has failed to pay t he amount owed 171
to the fund prior to entering a correctional facility of the 172
department of corrections. 173
14. All interest earned as a result of investing funds 174
in the crime victims' compensation fund shall be paid into 175
the crime victims' compensati on fund and not into the 176
general revenue of this state. 177
15. Any person who knowingly makes a fraudulent claim 178
or false statement in connection with any claim hereunder is 179
guilty of a class A misdemeanor. 180
16. The department may receive gifts and contributions 181
for the benefit of crime victims. Such gifts and 182
contributions shall be credited to the crime victims' 183
compensation fund as used solely for compensating victims 184
under the provisions of sections 595.010 to 595.075. 185
[435.014. 1. If all the parties to a 1
dispute agree in writing to submit their dispute 2
to any forum for arbitration, conciliation or 3
mediation, then no person who serves as 4
arbitrator, conciliator or mediator, nor any 5
agent or employee of that person , shall be 6
subpoenaed or otherwise compelled to disclose 7
any matter disclosed in the process of setting 8
up or conducting the arbitration, conciliation 9
or mediation. 10
2. Arbitration, conciliation and mediation 11
proceedings shall be regarded as sett lement 12 SB 352 76
negotiations. Any communication relating to the 13
subject matter of such disputes made during the 14
resolution process by any participant, mediator, 15
conciliator, arbitrator or any other person 16
present at the dispute resolution shall be a 17
confidential communication. No admission, 18
representation, statement or other confidential 19
communication made in setting up or conducting 20
such proceedings not otherwise discoverable or 21
obtainable shall be admissible as evidence or 22
subject to discovery. ] 23
[537.528. 1. Any action against a person 1
for conduct or speech undertaken or made in 2
connection with a public hearing or public 3
meeting, in a quasi-judicial proceeding before a 4
tribunal or decision -making body of the state or 5
any political subdivision of the state is 6
subject to a special motion to dismiss, motion 7
for judgment on the pleadings, or motion for 8
summary judgment that shall be considered by the 9
court on a priority or expedited basis to ensure 10
the early consideratio n of the issues raised by 11
the motion and to prevent the unnecessary 12
expense of litigation. Upon the filing of any 13
special motion described in this subsection, all 14
discovery shall be suspended pending a decision 15
on the motion by the court and the exha ustion of 16
all appeals regarding the special motion. 17
2. If the rights afforded by this section 18
are raised as an affirmative defense and if a 19
court grants a motion to dismiss, a motion for 20
judgment on the pleadings or a motion for 21
summary judgment filed within ninety days of the 22
filing of the moving party's answer, the court 23
shall award reasonable attorney fees and costs 24
incurred by the moving party in defending the 25
action. If the court finds that a special 26
motion to dismiss or motion for sum mary judgment 27
is frivolous or solely intended to cause 28
unnecessary delay, the court shall award costs 29
and reasonable attorney fees to the party 30
prevailing on the motion. 31 SB 352 77
3. Any party shall have the right to an 32
expedited appeal from a trial court order on the 33
special motions described in subsection 2 of 34
this section or from a trial court's failure to 35
rule on the motion on an expedited basis. 36
4. As used in this section, a "public 37
meeting in a quasi-judicial proceeding" means 38
and includes any meeting established and held by 39
a state or local governmental entity, including 40
without limitations meetings or presentations 41
before state, county, city, town or village 42
councils, planning commissions, review boards or 43
commissions. 44
5. Nothing in this section limits or 45
prohibits the exercise of a right or remedy of a 46
party granted pursuant to another 47
constitutional, statutory, common law or 48
administrative provision, including civil 49
actions for defamation. 50
6. If any provision of thi s section or the 51
application of any provision of this section to 52
a person or circumstance is held invalid, the 53
invalidity shall not affect other provisions or 54
applications of this section that can be given 55
effect without the invalid provision or 56
application, and to this end the provisions of 57
this section are severable. 58
7. The provisions of this section shall 59
apply to all causes of actions. ] 60
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