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Missouri General Assembly· SB 218Signed by Governor

Modifies provisions relating to court operations, the official text

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FIRST REGULAR SESSION
                       [TRULY AGREED TO AND FINALLY PASSED]

                           HOUSE COMMITTEE SUBSTITUTE FOR
                                    SENATE SUBSTITUTE FOR

              SENATE BILL NO. 218

                          103RD GENERAL ASSEMBLY
                                           2025

   0780H.04T

                          AN ACT

   To repeal sections 476.806, 476.1300, 476.1302, 476.1304, 476.1306, 476.1308, 476.1310,
                476.1313, 477.650, 478.001, 478.330, 478.610, 478.625, 478.690, 478.710, 488.040,
                and 494.455, RSMo, and to enact in lieu thereof nineteen new sections relating to court
                operations.

   Be it enacted by the General Assembly of the State of Missouri, as follows:

1             Section A.  Sections 476.806, 476.1300, 476.1302,

2 476.1304, 476.1306, 476.1308, 476.1310, 476.1313, 477.650,

3 478.001, 478.330, 478.610, 478.625, 478.690, 478.710, 488.040,

4 and 494.455, RSMo, are repealed and nineteen new sections

5 enacted in lieu thereof, to be known as sections 476.806,

6 476.1025, 476.1300, 476.1302, 476.1304, 476.1306, 476.1308,

7 476.1310, 476.1313, 477.650, 478.001, 478.330, 478.376,

8 478.610, 478.625, 478.690, 478.710, 488.040, and 494.455, to

9 read as follows:

1             476.806. 1. Interpreters and translators in civil,

2 juvenile, and criminal proceedings shall be allowed a

3 reasonable fee approved by the court and necessary travel

4 expenses not to exceed state rates. Interpreters shall not

5 be compensated for travel time.

6             2. If the person requiring an interpreter or

7 translator during the proceeding is a party to or a witness

   EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
   and is intended to be omitted in the law.
    HCS SS SB 218  2

8 in [any criminal] the proceeding, such fees and expenses

9 shall be payable by the state from funds appropriated for

10 such purpose.

11  3. In all cases not included in subsection 2 of this

12 section, such fees and expenses may be taxed as costs by the

13 court to the parties. Prior to any proceeding requiring an

14 interpreter or translator, the court may order either party,

15 or both, to deposit money with the court in an amount

16 reasonably necessary to cover such fees and expenses. Upon

17 disposition of the proceeding the court may order such costs

18 paid from such deposit and shall return any portion of the

19 deposit not used for such court costs to the parties.

1   476.1025. A parent, spouse, child, or personal

2 representative of a person who was convicted of a

3 misdemeanor offense may file a motion with the court in

4 which the person was convicted to have the record of such

5 offense made confidential in any automated case management

6 system if such person has been deceased for six months or

7 more. Upon such motion accompanied by a copy of the death

8 certificate of the deceased person, the court shall make the

9 case confidential. Prior to making the case confidential,

10 the court shall determine whether any person would be

11 unfairly prejudiced by making such record confidential in

12 any automated case management system.

1   476.1300. 1. Sections 476.1300 to [476.1310] 476.1313

2 shall be known and may be cited as the "Judicial Privacy

3 Act".

4   2. As used in sections 476.1300 to [476.1310]

5 476.1313, the following terms mean:

6   (1) "Court-related officer", an actively employed, a

7 formerly employed, or a retired:

8   (a) Justice of the Supreme Court of the United States;
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9   (b) Judge of the United States Court of Appeals;

10  (c) Judge or magistrate judge of the United States

11 District Courts;

12  (d) Judge of the United States Bankruptcy Court;

13  (e) Judge of the supreme court of Missouri;

14  (f) Judge of the Missouri court of appeals;

15  (g) Judge or commissioner of the Missouri circuit

16 courts, including of the divisions of a circuit court;

17  (h) Prosecuting or circuit attorney, or assistant

18 prosecuting or circuit attorney;

19  (i) Circuit clerk, court administrator, deputy circuit

20 clerk, division clerk, or municipal clerk; and

21  (j) Juvenile officer or chief deputy juvenile officer;

22  (2) "Government agency", all agencies, authorities,

23 boards, commissions, departments, institutions, offices, and

24 any other bodies politic and corporate of the state created

25 by the constitution or statute, whether in the executive,

26 judicial, or legislative branch; all units and corporate

27 outgrowths created by executive order of the governor or any

28 constitutional officer, by the supreme court, or by

29 resolution of the general assembly; agencies, authorities,

30 boards, commissions, departments, institutions, offices, and

31 any other bodies politic and corporate of a political

32 subdivision, including school districts; and any public

33 governmental body as that term is defined in section 610.010;

34  [(2)] (3) "Home address", a [judicial] court-related

35 officer's permanent residence and any secondary residences

36 affirmatively identified by the [judicial] court-related

37 officer, but does not include a [judicial] court-related

38 officer's work address;

39  [(3)] (4) "Immediate family", a [judicial] court-

40 related officer's spouse, child, adoptive child, foster
    HCS SS SB 218         4

41 child, parent, or any unmarried companion of the [judicial]

42 court-related officer or other familial relative of the

43 [judicial] court-related officer or the [judicial] court-

44 related officer's spouse who lives in the same residence;

45  [(4) "Judicial officer", actively employed, formerly

46 employed, or retired:

47  (a) Justices of the Supreme Court of the United States;

48  (b) Judges of the United States Court of Appeals;

49  (c) Judges and magistrate judges of the United States

50 District Courts;

51  (d) Judges of the United States Bankruptcy Court;

52  (e) Judges of the Missouri supreme court;

53  (f) Judges of the Missouri court of appeals;

54  (g) Judges and commissioners of the Missouri circuit

55 courts, including of the divisions of a circuit court; and

56  (h) Prosecuting or circuit attorney, or assistant

57 prosecuting or circuit attorney;]

58  (5) "Personal information", a home address, home

59 telephone number, mobile telephone number, pager number,

60 personal email address, Social Security number, federal tax

61 identification number, checking and savings account numbers,

62 credit card numbers, marital status, and identity of

63 children under eighteen years of age;

64  (6) "Publicly available content", any written,

65 printed, or electronic document or record that provides

66 information or that serves as a document or record

67 maintained, controlled, or in the possession of a government

68 agency that may be obtained by any person or entity, from

69 the internet, from the government agency upon request either

70 free of charge or for a fee, or in response to a request

71 pursuant to chapter 610 or the federal Freedom of

72 Information Act, 5 U.S.C. Section 552, as amended;
    HCS SS SB 218        5

73  (7) "Publicly post or display", to communicate to

74 another or to otherwise make available to the general public;

75  (8) "Written request", written or electronic notice

76 signed by:

77  (a) A state [judicial] court-related officer and

78 submitted to the clerk of the Missouri supreme court or the

79 clerk's designee; or

80  (b) A federal [judicial] court-related officer and

81 submitted to that [judicial] court-related officer's clerk

82 of the court or the clerk's designee;

83 that is transmitted by the applicable clerk to a government

84 agency, person, business, or association [to request such

85 government agency, person, business, or association refrain

86 from posting or displaying publicly available content that

87 includes the judicial officer's personal information].

1   476.1302. 1. A government agency shall not publicly

2 post or display publicly available content that includes a

3 [judicial] court-related officer's personal information,

4 provided that the government agency has received a written

5 request that the agency refrain from disclosing the

6 [judicial] court-related officer's personal information.

7 After a government agency has received a written request,

8 the government agency shall remove the [judicial] court-

9 related officer's personal information from publicly

10 available content within five business days. After the

11 government agency has removed the [judicial] court-related

12 officer's personal information from publicly available

13 content, the government agency shall not publicly post or

14 display the [judicial] court-related officer's personal

15 information and the [judicial] court-related officer's

16 personal information shall be exempted from the provisions
    HCS SS SB 218    6

17 of chapter 610, unless the government agency has received a

18 written [consent from the judicial officer] request to make

19 the personal information available to the public.

20  2. If a government agency fails to comply with a

21 written request to refrain from disclosing personal

22 information, the [judicial] court-related officer may bring

23 an action seeking injunctive or declaratory relief in any

24 court of competent jurisdiction. If the court grants

25 injunctive or declaratory relief, the court may award costs

26 and reasonable attorney's fees to the [judicial] court-

27 related officer.

28  3. The provisions of [subsection 1 of] this section

29 shall not apply to any government agency created under

30 section 43.020 or to a court-related officer's personal

31 information present in records of proceedings of any court

32 of this state contained within any statewide court

33 automation system, which shall be governed by rules

34 promulgated by the supreme court.

1   476.1304. 1. No person, business, or association

2 shall publicly post or display on the internet publicly

3 available content that includes a [judicial] court-related

4 officer's personal information, provided that the [judicial

5 officer has made a written request to the] person, business,

6 or association has received a written request that it

7 refrain from disclosing the personal information.

8   2. No person, business, or association shall solicit,

9 sell, or trade on the internet a [judicial] court-related

10 officer's personal information for purposes of tampering

11 with a [judicial] court-related officer in violation of

12 section 575.095 or with the intent to pose an imminent and

13 serious threat to the health and safety of the [judicial]
    HCS SS SB 218               7

14 court-related officer or the [judicial] court-related

15 officer's immediate family.

16  3. As prohibited in this section, persons, businesses,

17 or associations posting, displaying, soliciting, selling, or

18 trading a [judicial] court-related officer's personal

19 information on the internet includes, but is not limited to,

20 internet phone directories, internet search engines,

21 internet data aggregators, and internet service providers.

1   476.1306. 1. After a person, business, or association

2 has received a written request [from a judicial officer] to

3 protect the privacy of the court-related officer's personal

4 information, that person, business, or association shall

5 have five business days to remove the personal information

6 from the internet.

7   2. After a person, business, or association has

8 received a written request [from a judicial officer] to

9 protect the privacy of the court-related officer's personal

10 information, that person, business, or association shall

11 ensure that the [judicial] court-related officer's personal

12 information is not made available on any website or

13 subsidiary website controlled by that person, business, or

14 association.

15  3. After receiving a [judicial officer's] written

16 request to protect the privacy of the court-related

17 officer's personal information, no person, business, or

18 association shall make available the [judicial] court-

19 related officer's personal information to any other person,

20 business, or association through any medium.

1   476.1308. A [judicial] court-related officer whose

2 personal information is made public as a result of a

3 violation of sections 476.1304 to 476.1306 may bring an

4 action seeking injunctive or declaratory relief in any court
    HCS SS SB 218             8

5 of competent jurisdiction. If the court grants injunctive

6 or declaratory relief, the person, business, or association

7 responsible for the violation shall be required to pay the

8 [judicial officer's] costs and reasonable attorney's fees of

9 the court-related officer.

1   476.1310. 1. No government agency, person, business,

2 or association shall be found to have violated any provision

3 of sections 476.1300 to [476.1310] 476.1313 if the [judicial

4 officer fails to submit] government agency, person,

5 business, or association has not received a valid written

6 request calling for the protection of the [judicial] court-

7 related officer's personal information.

8   2. A written request shall be valid if:

9   (1) The [judicial] court-related officer sends a

10 written request directly to a government agency, person,

11 business, or association; or

12  (2) The [judicial] court-related officer complies with

13 a Missouri supreme court rule for a state [judicial] court-

14 related officer to file the written request with the clerk

15 of the Missouri supreme court or the clerk's designee to

16 notify government agencies and such notice is properly

17 delivered by mail or electronic format.

18  3. In each quarter of a calendar year, the clerk of

19 the Missouri supreme court or the clerk's designee shall

20 provide a list of all state [judicial] court-related

21 officers who have submitted a written request under this

22 section to the appropriate officer with ultimate supervisory

23 authority for a government agency. The officer shall

24 promptly provide a copy of the list to all government

25 agencies under his or her supervision. Receipt of the

26 written request list compiled by the clerk of the Missouri

27 supreme court or the clerk's designee by a government agency
    HCS SS SB 218    9

28 shall constitute a written request to that government agency

29 for the purposes of sections 476.1300 to [476.1310] 476.1313.

30  4. The chief clerk or circuit clerk of the court where

31 the [judicial] court-related officer serves may submit a

32 written request on the [judicial] court-related officer's

33 behalf, provided that the [judicial] court-related officer

34 gives written consent to the clerk and provided that the

35 clerk agrees to furnish a copy of that consent when a

36 written request is made. The chief clerk or circuit clerk

37 shall submit the written request as provided by subsection 2

38 of this section.

39  5. A [judicial] court-related officer's written

40 request shall specify what personal information shall be

41 maintained as private. If a [judicial] court-related

42 officer wishes to identify a secondary residence as a home

43 address, the designation shall be made in the written

44 request. A [judicial] court-related officer shall disclose

45 the identity of his or her immediate family and indicate

46 that the personal information of those members of the

47 immediate family shall also be excluded to the extent that

48 it could reasonably be expected to reveal the personal

49 information of the [judicial] court-related officer. A

50 [judicial] court-related officer shall make reasonable

51 efforts to identify specific publicly available content in

52 the possession of a government agency.

53  6. A [judicial] court-related officer's written

54 request is valid until the [judicial] court-related officer

55 provides the government agency, person, business, or

56 association with written consent to release the personal

57 information. A [judicial] court-related officer's written

58 request expires on such [judicial] court-related officer's

59 death.
    HCS SS SB 218             10

60  7. The provisions of sections 476.1300 to [476.1310]

61 476.1313 shall not apply to any disclosure of personal

62 information of a [judicial] court-related officer or a

63 member of a [judicial] court-related officer's immediate

64 family as required by Article VIII, Section 23 of the

65 Missouri Constitution, sections 105.470 to 105.482, section

66 105.498, and chapter 130.

1   476.1313. 1. Notwithstanding any other provision of

2 law to the contrary, a recorder of deeds shall meet the

3 requirements of the provisions of sections 476.1300 to

4 476.1310 by complying with this section. As used in this

5 section, the following terms mean:

6   (1) "Eligible documents", documents or instruments

7 that are maintained by and located in the office of the

8 recorder of deeds that are accessed electronically;

9   (2) ["Immediate family" shall have the same meaning as

10 in section 476.1300;

11  (3)] "Indexes", indexes maintained by and located in

12 the office of the recorder of deeds that are accessed

13 electronically;

14  [(4) "Judicial officer" shall have the same meaning as

15 in section 476.1300;

16  (5)] (3) "Recorder of deeds" shall have the same

17 meaning as in section 59.005;

18  [(6)] (4) "Shield", "shielded", or "shielding", a

19 prohibition against the general public's electronic access

20 to eligible documents and the [unique identifier] document

21 locator number, address, property description, and recording

22 date contained in indexes for eligible documents; except

23 that, nothing in this definition shall prohibit a recorder

24 of deeds from attaching a notice to the grantor's name in

25 the indexes indicating a document is shielded;
    HCS SS SB 218        11

26  [(7)] (5) "Written request", written or electronic

27 notice signed by:

28  (a) A state [judicial] court-related officer and

29 submitted to the clerk of the Missouri supreme court or the

30 clerk's designee; or

31  (b) A federal [judicial] court-related officer and

32 submitted to that [judicial] court-related officer's clerk

33 of the court or the clerk's designee;

34 that is transmitted electronically by the applicable clerk

35 to a recorder of deeds to request that eligible documents be

36 shielded.

37  2. Written requests transmitted to a recorder of deeds

38 shall only include information specific to eligible

39 documents maintained by that county. Any written request

40 transmitted to a recorder of deeds shall include the

41 requesting [judicial] court-related officer's full legal

42 name or legal alias and a document locator number for each

43 eligible document for which the [judicial] court-related

44 officer is requesting shielding. If the [judicial] court-

45 related officer is not a party to the instrument but is

46 requesting shielding for an eligible document in which an

47 immediate family member is a party to the instrument, the

48 full legal name or legal alias of the immediate family

49 member shall also be provided.

50  3. Not more than five business days after the date on

51 which the recorder of deeds receives the written request,

52 the recorder of deeds shall shield the eligible documents

53 listed in the written request. Within five business days of

54 receipt, the recorder of deeds shall electronically reply to

55 the written request with a list of any document locator
    HCS SS SB 218  12

56 numbers submitted under subsection 2 of this section not

57 found in the records maintained by that recorder of deeds.

58  4. If the full legal name or legal alias of the

59 [judicial] court-related officer or immediate family member

60 provided does not appear on an eligible document listed in

61 the written request, the recorder of deeds may

62 electronically reply to the written request with this

63 information. The recorder of deeds may delay shielding such

64 eligible document until electronic confirmation is received

65 from the applicable court clerk or [judicial] court-related

66 officer.

67  5. In order to shield subsequent eligible documents,

68 the [judicial] court-related officer shall present to the

69 recorder of deeds at the time of recording a copy of his or

70 her written request. The recorder of deeds shall ensure

71 that the eligible document is shielded within five business

72 days.

73  6. Eligible documents shall remain shielded until the

74 recorder of deeds receives a court order or notarized

75 affidavit signed by the [judicial] court-related officer

76 directing the recorder of deeds to terminate shielding.

77  7. The provisions of this section shall not prohibit

78 access to a shielded eligible document by a party to the

79 instrument or an individual or entity that provides to the

80 recorder of deeds a court order or notarized affidavit

81 signed by the [judicial] court-related officer.

82  8. No recorder of deeds shall be liable for any

83 damages under this section, provided the recorder of deeds

84 made a good faith effort to comply with the provisions of

85 this section. No recorder of deeds shall be liable for the

86 release of any eligible document or any data from any
    HCS SS SB 218  13

87 eligible document that was released or accessed prior to the

88 eligible document being shielded pursuant to this section.

1   477.650. 1. There is hereby created in the state

2 treasury the "Basic Civil Legal Services Fund", to be

3 administered by, or under the direction of, the Missouri

4 supreme court. All moneys collected under section 488.031

5 shall be credited to the fund. In addition to the court

6 filing surcharges, funds from other public or private

7 sources also may be deposited into the fund and all earnings

8 of the fund shall be credited to the fund. The purpose of

9 this section is to increase the funding available for basic

10 civil legal services to eligible low-income persons as such

11 persons are defined by the Federal Legal Services

12 Corporation's Income Eligibility Guidelines.

13  2. Funds in the basic civil legal services fund shall

14 be allocated annually and expended to provide legal

15 representation to eligible low-income persons in the state

16 in civil matters. Moneys, funds, or payments paid to the

17 credit of the basic civil legal services fund shall, at

18 least as often as annually, be distributed to the legal

19 services organizations in this state which qualify for

20 Federal Legal Services Corporation funding. The funds so

21 distributed shall be used by legal services organizations in

22 this state solely to provide legal services to eligible low-

23 income persons as such persons are defined by the Federal

24 Legal Services Corporation's Income Eligibility Guidelines.

25 Fund money shall be subject to all restrictions imposed on

26 such legal services organizations by law. Funds shall be

27 allocated to the programs according to the funding formula

28 employed by the Federal Legal Services Corporation for the

29 distribution of funds to this state. Notwithstanding the

30 provisions of section 33.080, any balance remaining in the
    HCS SS SB 218  14

31 basic civil legal services fund at the end of any year shall

32 not be transferred to the state's general revenue fund.

33 Moneys in the basic civil legal services fund shall not be

34 used to pay any portion of a refund mandated by Article X,

35 Section [15] 18 of the Missouri Constitution. State legal

36 services programs shall represent individuals to secure

37 lawful state benefits, but shall not sue the state, its

38 agencies, or its officials, with any state funds.

39  3. Contracts for services with state legal services

40 programs shall provide eligible low-income Missouri citizens

41 with equal access to the civil justice system, with a high

42 priority on families and children, domestic violence, the

43 elderly, and qualification for benefits under the Social

44 Security Act. State legal services programs shall abide by

45 all restrictions, requirements, and regulations of the Legal

46 Services Corporation regarding their cases.

47  4. The Missouri supreme court, or a person or

48 organization designated by the court, is the administrator

49 and shall administer the fund in such manner as determined

50 by the Missouri supreme court, including in accordance with

51 any rules and policies adopted by the Missouri supreme court

52 for such purpose. Moneys from the fund shall be used to pay

53 for the collection of the fee and the implementation and

54 administration of the fund.

55  5. Each recipient of funds from the basic civil legal

56 services fund shall maintain appropriate records accounting

57 for the receipt and expenditure of all funds distributed and

58 received pursuant to this section. These records must be

59 maintained for a period of five years from the close of the

60 fiscal year in which such funds are distributed or received

61 or until audited, whichever is sooner. All funds
    HCS SS SB 218       15

62 distributed or received pursuant to this section are subject

63 to audit by the Missouri supreme court or the state auditor.

64  6. The Missouri supreme court, or a person or

65 organization designated by the court, shall, by January

66 thirty-first of each year, report to the general assembly on

67 the moneys collected and disbursed pursuant to this section

68 and section 488.031 by judicial circuit.

69  [7. The provisions of this section shall expire on

70 December 31, 2025.]

1   478.001. 1. For purposes of sections 478.001 to

2 478.009, the following terms shall mean:

3   (1) "Adult treatment court", a treatment court focused

4 on addressing the substance use disorder or co-occurring

5 disorder of defendants charged with a criminal offense;

6   (2) "Community-based substance use disorder treatment

7 program", an agency certified by the department of mental

8 health as a substance use disorder treatment provider;

9   (3) "Co-occurring disorder", the coexistence of both a

10 substance use disorder and a mental health disorder;

11  (4) "DWI court", a treatment court focused on

12 addressing the substance use disorder or co-occurring

13 disorder of defendants who have pleaded guilty to or been

14 found guilty of driving while intoxicated or driving with

15 excessive blood alcohol content;

16  (5) "Family treatment court", a treatment court

17 focused on addressing a substance use disorder or co-

18 occurring disorder existing in families in the juvenile

19 court, family court, or criminal court in which a parent or

20 other household member has been determined to have a

21 substance use disorder or co-occurring disorder that impacts

22 the safety and well-being of the children in the family;
    HCS SS SB 218  16

23  (6) "Juvenile treatment court", a treatment court

24 focused on addressing the substance use disorder or co-

25 occurring disorder of juveniles in the juvenile court;

26  (7) "Medication-assisted treatment", the use of

27 pharmacological medications, in combination with counseling

28 and behavioral therapies, to provide a whole-patient

29 approach to the treatment of substance use disorders;

30  (8) "Mental health disorder", any organic, mental, or

31 emotional impairment that has substantial adverse effects on

32 a person's cognitive, volitional, or emotional function and

33 that constitutes a substantial impairment in a person's

34 ability to participate in activities of normal living;

35  (9) "Mental health treatment court", a treatment court

36 focused on addressing the mental health disorder or co-

37 occurring disorder of defendants charged with a criminal

38 offense;

39  (10) "Risk and needs assessment", an actuarial tool,

40 approved by the treatment courts coordinating commission and

41 validated on a targeted population of drug-involved adult

42 offenders, scientifically proven to determine a person's

43 risk to recidivate and to identify criminal risk factors

44 that, when properly addressed, can reduce that person's

45 likelihood of committing future criminal behavior;

46  [(10)] (11) "Substance use disorder", the recurrent

47 use of alcohol or drugs that causes clinically significant

48 impairment, including health problems, disability, and

49 failure to meet major responsibilities at work, school, or

50 home;

51  [(11)] (12) "Treatment court commissioner", a person

52 appointed by a majority of the circuit and associate circuit

53 judges in a circuit to preside as the judicial officer in

54 the treatment court division;
    HCS SS SB 218       17

55  [(12)] (13) "Treatment court division", a specialized,

56 nonadversarial court division with jurisdiction over cases

57 involving substance-involved offenders and making extensive

58 use of comprehensive supervision, drug or alcohol testing,

59 and treatment services. Treatment court divisions include,

60 but are not limited to, the following specialized courts:

61 adult treatment court, DWI court, family treatment court,

62 juvenile treatment court, mental health treatment court,

63 veterans treatment court, or any combination thereof;

64  [(13)] (14) "Treatment court team", the following

65 members who are assigned to the treatment court: the judge

66 or treatment court commissioner, treatment court

67 administrator or coordinator, prosecutor, public defender or

68 member of the criminal defense bar, a representative from

69 the division of probation and parole, a representative from

70 law enforcement, substance use disorder or mental health

71 disorder treatment providers, and any other person selected

72 by the treatment court team;

73  [(14)] (15) "Veterans treatment court", a treatment

74 court focused on substance use disorders, co-occurring

75 disorders, or mental health disorders of defendants charged

76 with a criminal offense who are military veterans or current

77 military personnel.

78  2. A treatment court division shall be established,

79 prior to August 28, 2021, by any circuit court pursuant to

80 sections 478.001 to 478.009 to provide an alternative for

81 the judicial system to dispose of cases which stem from, or

82 are otherwise impacted by, a substance use disorder or

83 mental health disorder. The treatment court division may

84 include, but not be limited to, cases assigned to an adult

85 treatment court, DWI court, family treatment court, juvenile

86 treatment court, mental health treatment court, veterans
     HCS SS SB 218            18

87 treatment court, or any combination thereof. A treatment

88 court shall combine judicial supervision, drug or alcohol

89 testing, and treatment of participants. Except for good

90 cause found by the court, a treatment court making a

91 referral for substance use disorder or mental health

92 disorder treatment, when such program will receive state or

93 federal funds in connection with such referral, shall refer

94 the person only to a program which is certified by the

95 department of mental health, unless no appropriate certified

96 treatment program is located within the same county as the

97 treatment court. Upon successful completion of the

98 treatment court program, the charges, petition, or penalty

99 against a treatment court participant may be dismissed,

100 reduced, or modified, unless otherwise stated. Except for

101 those costs waived pursuant to section 488.016, any fees

102 received by a court from a defendant as payment for

103 [substance] treatment programs shall not be considered court

104 costs, charges or fines.

105  3. An adult treatment court may be established by any

106 circuit court [under sections 478.001 to 478.009] to provide

107 an alternative for the judicial system to dispose of cases

108 which stem from substance use.

109  4. [Under sections 478.001 to 478.009,] A DWI court

110 may be established by any circuit court to provide an

111 alternative for the judicial system to dispose of cases that

112 stem from driving while intoxicated.

113  5. A family treatment court may be established by any

114 circuit court. The juvenile division of the circuit court

115 or the family court, if one is established under section

116 487.010, may refer one or more parents or other household

117 members subject to its jurisdiction to the family treatment

118 court if he or she has been determined to have a substance
     HCS SS SB 218  19

119 use disorder or co-occurring disorder that impacts the

120 safety and well-being of the children in the family.

121  6. A juvenile treatment court may be established by

122 the juvenile division of any circuit court. The juvenile

123 division may refer a juvenile to the juvenile treatment

124 court if the juvenile is determined to have committed acts

125 that violate the criminal laws of the state or ordinances of

126 a municipality or county and a substance use disorder or co-

127 occurring disorder contributed to the commission of the

128 offense.

129  7. The general assembly finds and declares that it is

130 the public policy of this state to encourage and provide an

131 alternative method for the disposal of cases for military

132 veterans and current military personnel with substance use

133 disorders, mental health disorders, or co-occurring

134 disorders. In order to effectuate this public policy, a

135 veterans treatment court may be established by any circuit

136 court, or combination of circuit courts upon agreement of

137 the presiding judges of such circuit courts, to provide an

138 alternative for the judicial system to dispose of cases that

139 stem from a substance use disorder, mental health disorder,

140 or co-occurring disorder of military veterans or current

141 military personnel. A veterans treatment court shall

142 combine judicial supervision, drug or alcohol testing, and

143 substance use and mental health disorder treatment to

144 participants who have served or are currently serving the

145 United States Armed Forces, including members of the

146 Reserves or National Guard, with preference given to

147 individuals who have combat service. For the purposes of

148 this section, combat service shall be shown through military

149 service documentation that reflects service in a combat

150 theater, receipt of combat service medals, or receipt of
     HCS SS SB 218    20

151 imminent danger or hostile fire pay or tax benefits. Except

152 for good cause found by the court, a veterans treatment

153 court shall make a referral for substance use or mental

154 health disorder treatment, or a combination of substance use

155 and mental health disorder treatment, through the Department

156 of Defense health care, the Veterans Administration or its

157 successor department or agency, or a community-based

158 substance use disorder treatment program. Community-based

159 programs utilized shall receive state or federal funds in

160 connection with such referral and shall only refer the

161 individual to a program certified by the department of

162 mental health, unless no appropriate certified treatment

163 program is located within the same circuit as the veterans

164 treatment court.

165  8. A mental health treatment court may be established

166 by any circuit court to provide an alternative for the

167 judicial system to dispose of cases that stem from a mental

168 health disorder or co-occurring disorder.

1    478.330. 1. When an annual judicial performance

2 report submitted pursuant to section 477.405 indicates for

3 three consecutive calendar years the need for two or more

4 full-time judicial positions in any judicial circuit there

5 shall be one additional circuit judge position authorized in

6 such circuit, subject to [appropriations] an initial

7 appropriation made for that purpose. The clerk of the

8 supreme court shall notify the Missouri revisor of statutes

9 of any new circuit judgeships authorized under this section,

10 and the Missouri revisor of statutes shall publish a

11 footnote to this section listing the authorized judgeships

12 and corresponding judicial circuits.

13   2. Except in circuits where circuit judges are

14 selected under the provisions of Sections 25(a) to 25(g) of
    HCS SS SB 218          21

15 Article V of the Missouri Constitution or except as

16 otherwise provided by law, a circuit judge authorized under

17 subsection 1 of this section shall be elected at the next

18 general election after the authorization, and every six

19 years thereafter. Such judicial position shall not be

20 considered vacant or filled by appointment until January

21 first next following the authorization. Except in circuits

22 where circuit judges are selected under the provisions of

23 Sections 25(a) to 25(g) of Article V of the Missouri

24 Constitution, the election of circuit judges authorized by

25 this section shall be conducted in accordance with chapter

26 115.

1        478.376. There shall be three circuit judges in the

2 sixth judicial circuit.

1        478.610. 1. [There shall be three circuit judges in

2 the thirteenth judicial circuit consisting of the counties

3 of Boone and Callaway. These judges shall sit in divisions

4 numbered one, two and three. Beginning on January 1, 2007,]

5 There shall be [four] five circuit judges in the thirteenth

6 judicial circuit and these judges shall sit in divisions

7 numbered one, two, three, [and] four, and thirteen.

8        2. The circuit judge in division two shall be elected

9 in 1980. The circuit judges in divisions one and three

10 shall be elected in 1982. The circuit judge in division

11 four shall be elected in [2006 for a two-year term and

12 thereafter in] 2008 [for a full six-year term], and every

13 six years thereafter. The circuit judge in division

14 thirteen shall be elected in 2030, and every six years

15 thereafter.

16       3. Beginning August 28, 2001, there shall be one more

17 additional associate circuit judge position in Boone County

18 than is provided pursuant to section 478.320.
   HCS SS SB 218              22

1  478.625. 1. [Beginning on January 1, 2003,] There

2 shall be [three] four circuit judges in the nineteenth

3 judicial circuit [consisting of the county of Cole].

4  2. One circuit judge shall be first elected in 1982.

5 The second circuit judge shall be first elected in 1984.

6 The third circuit judge shall be first elected in 2002. The

7 fourth circuit judge shall be elected in 2030, and every six

8 years thereafter.

9  3. Effective January 1, 2021, in compliance with

10 section 478.320, there shall be two associate circuit judges

11 in Cole County. The second associate circuit judge shall be

12 first elected in 2020.

1  478.690. 1. There shall be [two] three circuit judges

2 in the twenty-fourth judicial circuit [consisting of the

3 counties of Madison, St. Francois, Ste. Genevieve and

4 Washington]. These judges shall sit in divisions numbered

5 one [and], two, and three.

6  2. The circuit judges in divisions one and two shall

7 be elected in 1982. The governor shall appoint a circuit

8 judge for division three, and that circuit judge shall serve

9 until January 1, 2031. A circuit judge for division three

10 shall be elected in 2030, and every six years thereafter.

1  478.710. 1. There shall be [two] three circuit judges

2 in the thirty-second judicial circuit [consisting of the

3 counties of Perry, Bollinger and Cape Girardeau]. These

4 judges shall sit in [two] three divisions numbered one

5 [and], two, and three.

6  2. The circuit judge in division two shall be elected

7 in 1982. The circuit judge in division one shall be elected

8 in 1984. The governor shall appoint a circuit judge for

9 division three and that circuit judge shall serve until
    HCS SS SB 218       23

10 January 1, 2029. A circuit judge for division three shall

11 be elected in 2028.

1   488.040. [1.] Each grand and petit juror shall[,

2 pursuant to the provisions of section 494.455, receive six

3 dollars per day for every day he or she may actually serve

4 as such and seven cents for every mile he or she may

5 necessarily travel going from his or her place of residence

6 to the courthouse and returning, to be paid from funds of

7 the county or a city not within a county.

8   2. Provided that a county or a city not within a

9 county authorizes daily compensation payable from county or

10 city funds for jurors who serve in that county pursuant to

11 subsection 3 of this section in the amount of at least six

12 dollars per day in addition to the amount required by

13 subsection 1 of this section, a person shall receive an

14 additional six dollars per day, pursuant to the provisions

15 of section 494.455, to be reimbursed by the state of

16 Missouri so that the total compensation payable shall be at

17 least eighteen dollars, plus mileage as indicated in

18 subsection 1 of this section, for each day that the person

19 actually serves as a petit juror in a particular case; or

20 for each day that a person actually serves as a grand juror

21 during a term of a grand jury. The state shall reimburse

22 the county for six dollars of the additional juror

23 compensation provided by this subsection.

24  3. The governing body of each county or a city not

25 within a county may authorize additional daily compensation

26 and mileage allowance for jurors, which additional

27 compensation shall be paid from the funds of the county or a

28 city not within a county. The governing body of each county

29 or a city not within a county may authorize additional daily

30 compensation and mileage allowance for jurors attending a
    HCS SS SB 218   24

31 coroner's inquest. Jurors may receive the additional

32 compensation and mileage allowance authorized by this

33 subsection only if the governing body of the county or the

34 city not within a county authorizes the additional

35 compensation. The provisions of this subsection authorizing

36 additional compensation shall terminate upon the issuance of

37 a mandate by the Missouri supreme court which results in the

38 state of Missouri being obligated or required to pay any

39 such additional compensation even if such additional

40 compensation is formally approved or authorized by the

41 governing body of a county or a city not within a county.

42  4. When each panel of jurors summoned and attending

43 court has completed its service, the board of jury

44 commissioners shall cause to be submitted to the governing

45 body of the county or a city not within a county a statement

46 of fees earned by each juror. Within thirty days of the

47 submission of the statement of fees, the governing body

48 shall cause payment to be made to those jurors summoned the

49 fees earned during their service as jurors] receive daily

50 compensation and mileage allowance in the amount provided by

51 law pursuant to section 494.455.

1   494.455. 1. [Each county or city not within a county

2 may elect to compensate its jurors pursuant to subsection 2

3 of this section except as otherwise provided in subsection 3

4 of this section.

5   2.] Each grand and petit juror shall receive a minimum

6 of six dollars per day, for every day [he or she] the juror

7 may actually serve as [such] a juror, and [seven cents] the

8 mileage rate as provided by section 33.095 for state

9 employees for every mile [he or she] the juror may

10 necessarily travel going from [his or her] the juror's place

11 of residence to the courthouse and returning, to be paid
    HCS SS SB 218  25

12 from funds of the county or a city not within a county.

13 Each county or city not within a county may elect to

14 compensate its jurors pursuant to subsection 2 of this

15 section, except as otherwise provided in subsection 3 of

16 this section.

17  2. The governing body of each county or a city not

18 within a county may authorize additional daily compensation

19 and mileage allowance for jurors, which additional

20 compensation shall be paid from the funds of the county or a

21 city not within a county. The governing body of each county

22 or a city not within a county may authorize additional daily

23 compensation and mileage allowance for jurors attending a

24 coroner's inquest. Jurors may receive the additional

25 compensation and mileage allowance authorized by this

26 subsection only if the governing body of the county or the

27 city not within a county authorizes the additional

28 compensation. The provisions of this subsection authorizing

29 additional compensation shall terminate upon the issuance of

30 a mandate by the Missouri supreme court which results in the

31 state of Missouri being obligated or required to pay any

32 such additional compensation even if such additional

33 compensation is formally approved or authorized by the

34 governing body of a county or a city not within a county.

35 Provided that a county or a city not within a county

36 authorizes daily compensation payable from county or city

37 funds for jurors who serve in that county pursuant to this

38 subsection in the amount of at least six dollars per day in

39 addition to the amount required by [this] subsection 1 of

40 this section, a person shall receive an additional six

41 dollars per day to be reimbursed by the state of Missouri so

42 that the total compensation payable shall be at least

43 eighteen dollars, plus mileage for each day that the person
    HCS SS SB 218  26

44 actually serves as a petit juror in a particular case; or

45 for each day that a person actually serves as a grand juror

46 during a term of a grand jury. The state shall reimburse

47 the county for six dollars of the additional juror

48 compensation provided by this subsection.

49  3. [In any county of the first classification without

50 a charter form of government and with a population of at

51 least two hundred thousand inhabitants, no grand or petit

52 juror shall receive compensation for the first two days of

53 service, but shall receive fifty dollars per day for the

54 third day and each subsequent day he or she may actually

55 serve as such, and seven cents for every mile he or she may

56 necessarily travel going from his or her place of residence

57 to the courthouse and returning, to be paid from funds of

58 the county.] Notwithstanding the provisions of subsection 1

59 or 2 of this section, by a majority vote, the governing body

60 of a county or city not within a county may adopt a system

61 for juror compensation in the county or city not within a

62 county as follows: each grand or petit juror shall receive

63 fifty dollars per day for the third day the juror may

64 actually serve as a juror and for each subsequent day of

65 actual service, and the mileage rate as provided by section

66 33.095 for state employees for every mile the juror may

67 necessarily travel from the juror's place of residence to

68 the courthouse and returning, to be paid from funds of the

69 county or city not within a county, provided that no grand

70 or petit juror shall receive compensation for the first two

71 days the juror may actually 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
HCS SS SB 218  27

76 of fees earned by each juror. Within thirty days of the
77 submission of the statement 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.

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