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Missouri General Assembly· SB 835Signed by Governor

Modifies provisions relating to court procedures, the official text

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SECOND REGULAR SESSION
             [TRULY AGREED TO AND FINALLY PASSED]
            CONFERENCE COMMITTEE SUBSTITUTE FOR

                HOUSE COMMITTEE SUBSTITUTE FOR
                         SENATE SUBSTITUTE FOR

                SENATE COMMITTEE SUBSTITUTE FOR

   SENATE BILLS NOS. 835 & 1111

            103RD GENERAL ASSEMBLY
                             2026

5285S.11T

            AN ACT

To repeal sections 476.055, 478.003, 478.700, 488.426, 513.380, 513.430, 513.475, and 537.528,
             RSMo, and to enact in lieu thereof eleven new sections relating to court procedures,
             with penalty provisions and an effective date for certain sections.

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

1          Section A. Sections 476.055, 478.003, 478.700, 488.426,

2 513.380, 513.430, 513.475, and 537.528, RSMo, are repealed and

3 eleven new sections enacted in lieu thereof, to be known as

4 sections 379.135, 476.055, 478.003, 478.700, 488.426, 513.380,

5 513.423, 513.430, 513.475, 525.235, and 537.529, to read as

6 follows:

1          379.135. 1. Upon payment by an insurer of all or any

2 part of a claimant's property damage claim, legal title to

3 the portion of the claim paid shall vest in the insurer to

4 the extent of such payment. No assignment or other action

5 by the claimant shall be required for the insurer to enforce

6 its legal title. The claimant shall retain legal title only

7 to that portion of the property damage claim not paid by the

8 insurer.

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
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9   2. As used in this section, "assignment agreement"

10 means any instrument by which post-loss benefits under any

11 policy of insurance covering property, including, but not

12 limited to, any right of action against the insurer or any

13 proceeds acquired from the insurer are assigned,

14 transferred, or acquired in any other manner, in whole or in

15 part, to or from a person providing services, including, but

16 not limited to, communicating with an insurer or on an

17 insured's behalf or inspecting, estimating, protecting,

18 repairing, restoring, or replacing the property or

19 mitigating against further damage to the property.

20  3. (1) A person shall not solicit or accept an

21 assignment, in whole or in part, of any post-loss insurance

22 benefit for property damage under a contract of insurance.

23 An assignment agreement is against public policy and is null

24 and void, and any contract entered into in violation of this

25 section shall be void and unenforceable; and

26  (2) The provisions of this subsection shall not apply

27 to an assignment, transfer, pledge, or conveyance granted to

28 a financial institution, mortgagee, lienholder, or a

29 subsequent purchaser of the property; and

30  (3) The provisions of this subsection shall not apply

31 to any covenant not to execute or contract to limit recovery

32 under section 537.065.

33  4. A violation of subsection 3 of this section shall

34 be considered a level two violation under section 374.049.

35  5. Nothing in this section shall be construed to

36 prohibit an insured from authorizing or directing payment

37 to, or paying, a person for services, materials, or any

38 other thing which may be, or is, covered under an insurance

39 policy. Insurers shall issue payment directly to a person

40 for services, materials, and other items that are covered
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    CCS HCS SS SCS SBs 835 & 1111

41 under an insurance policy, when the insured agrees that any

42 person providing such services should be paid directly,

43 subject to applicable liens.

1   476.055. 1. There is hereby established in the state

2 treasury the "Statewide Court Automation Fund". All moneys

3 collected pursuant to section 488.027, as well as gifts,

4 contributions, devises, bequests, and grants received

5 relating to statewide court automation [of judicial record

6 keeping], and moneys received by the [judicial system]

7 judiciary for the dissemination of information [and], sales

8 of publications, or other provision of electronic services

9 developed relating to statewide court automation [of

10 judicial record keeping], as authorized by the court

11 automation committee, shall be credited to the fund. Moneys

12 credited to this fund may only be used for the purposes set

13 forth in this section and as appropriated by the general

14 assembly. Any unexpended balance remaining in the statewide

15 court automation fund at the end of each biennium shall not

16 be subject to the provisions of section 33.080 requiring the

17 transfer of such unexpended balance to general revenue.

18  2. The statewide court automation fund shall be

19 administered by a court automation committee consisting of

20 the following[: the chief justice of the supreme court,]

21 members:

22  (1) A judge from the court of appeals, four circuit

23 judges, four associate circuit judges, four employees of

24 [the circuit court,] circuit courts, and two employees who

25 work full time in a municipal division of a circuit court,

26 [the commissioner of administration,] each of whom shall be

27 appointed by the chief justice of the Missouri supreme court;

28  (2) Two members of the Missouri Bar, appointed by the

29 board of governors of the Missouri Bar;
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30  (3) Two members of the house of representatives

31 appointed by the speaker of the house, with one member being

32 from the majority party and one member being from the

33 minority party;

34  (4) Two members of the senate appointed by the

35 president pro [tem] tempore of the senate, with one member

36 being from the majority party and one member being from the

37 minority party; and

38  (5) Four additional ex officio members as follows:

39  (a) The chief justice of the Missouri supreme court,

40 or the chief justice's designee;

41  (b) The commissioner of administration, or the

42 commissioner's designee;

43  (c) The executive director of the Missouri [Office of

44 Prosecution Services,] office of prosecution services, or

45 the executive director's designee; and

46  (d) The director of the state public defender system,

47 [and two members of the Missouri Bar. The judge members and

48 employee members shall be appointed by the chief justice.

49 The commissioner of administration shall serve ex officio.

50 The members of the Missouri Bar shall be appointed by the

51 board of governors of the Missouri Bar. Any member of the

52 committee may designate another person to serve on the

53 committee in place of the committee member] or the

54 director's designee.

55 The appointed members of the committee shall serve for terms
56 of two years and until their successors are appointed and
57 qualified. The members of the committee shall be reimbursed
58 from the statewide court automation fund for their actual
59 expenses in performing their official duties on the
60 committee.
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61  3. The committee shall develop and [implement a plan

62 for] maintain a statewide court automation system. The

63 committee shall have the authority to hire consultants,

64 review systems in other jurisdictions, and purchase goods

65 and services to administer the provisions of this section.

66 The committee may implement [one or more] pilot projects in

67 the state [for the purposes of determining the feasibility

68 of developing and implementing such plan. The members of

69 the committee shall be reimbursed from the court automation

70 fund for their actual expenses in performing their official

71 duties on the committee] at any time.

72  4. Any purchase of computer software or computer

73 hardware that exceeds five thousand dollars shall be made

74 pursuant to the requirements of the office of administration

75 for lowest and best bid. Such bids shall be subject to

76 acceptance by the office of administration. The court

77 automation committee shall determine the specifications for

78 such bids.

79  5. The court automation committee shall not require

80 any circuit court to change any operating system in such

81 court, unless the committee provides all [necessary]

82 personnel, funds, and equipment necessary to effectuate the

83 required changes. No judicial circuit or county may be

84 reimbursed for any costs incurred pursuant to this

85 subsection unless such judicial circuit or county has the

86 approval of the court automation committee prior to

87 incurring the specific cost.

88  6. [Any] The court automation system, including any

89 pilot project, shall be [implemented,] operated and

90 maintained in accordance with strict standards for the

91 security and privacy of confidential judicial records, as

92 provided by supreme court rule. Any person who knowingly
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93 releases information from a confidential judicial record is

94 guilty of a class B misdemeanor. Any person who, knowing

95 that a judicial record is confidential, uses information

96 from such confidential judicial record for financial gain is

97 guilty of a class E felony.

98   7. [On the first day of February, May, August and

99 November] No later than the fifteenth of January of each

100 year, the court automation committee shall electronically

101 file a report on the progress of the statewide court

102 automation system with the chairs of the following

103 committees:

104  (1) The [chair of the] house budget committee, or its

105 successor committee;

106  (2) The [chair of the] senate appropriations

107 committee, or its successor committee;

108  (3) The [chair of the] house judiciary committee, or

109 its successor committee; and

110  (4) The [chair of the] senate judiciary committee, or

111 its successor committee.

112  [8. The court automation committee established

113 pursuant to this section may continue to function until

114 completion of its duties prescribed by this section.]

1    478.003. 1. In any judicial circuit of this state, a

2 majority of the judges of the circuit court may designate a

3 judge to hear cases arising in the circuit subject to the

4 provisions of sections 478.001 to 478.009. In lieu thereof

5 and subject to appropriations or other funds available for

6 such purpose, a majority of the judges of the circuit court

7 may appoint a person or persons to act as treatment court

8 commissioners. Each commissioner shall be appointed for a

9 term of four years, but may be removed at any time by a

10 majority of the judges of the circuit court. The
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11 qualifications, compensation, and retirement benefits of the

12 commissioner shall be the same as that of an associate

13 circuit judge. If the compensation of a commissioner

14 appointed pursuant to this section is provided from other

15 than state funds, the source of such fund shall pay to and

16 reimburse the state for the actual costs of the salary and

17 benefits of the commissioner. The commissioner shall have

18 all the powers and duties of a circuit judge, except that

19 any order, judgment or decree of the commissioner shall be

20 confirmed or rejected by an associate circuit or circuit

21 judge by order of record entered within the time the judge

22 could set aside such order, judgment or decree had the same

23 been made by the judge. If so confirmed, the order,

24 judgment or decree shall have the same effect as if made by

25 the judge on the date of its confirmation.

26  2. The Missouri supreme court may assign a treatment

27 court commissioner to serve in the treatment court division

28 of a circuit other than the circuit in which the

29 commissioner is appointed. The transfer shall only be

30 ordered with the consent and approval of the presiding judge

31 of the circuit to which the commissioner is to be assigned.

32  3. A treatment court commissioner may serve as a

33 commissioner in any treatment court as designated by the

34 treatment court coordinating commission, subject to local

35 court rules.

36  4. In each circuit having a treatment court division

37 that has neither a treatment court administrator nor a

38 treatment court commissioner, the court shall employ a

39 treatment court administrator, subject to appropriations or

40 other funds available for such purpose. If the compensation

41 of an administrator employed pursuant to this subsection is

42 provided from other than state funds, the source of such
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   CCS HCS SS SCS SBs 835 & 1111

43 funds shall pay to and reimburse the state for the actual

44 costs of the salary and benefits of the administrator.

1  478.700. 1. There shall be [two] three circuit judges

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

3 counties of Maries, Phelps, Pulaski and Texas]. These

4 judges shall sit in divisions numbered one [and], two, and

5 three. These judgeships shall include the circuit judgeship

6 created in fiscal year 2026 under section 478.330.

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

8 in 1980. The circuit judge in division one shall be elected

9 in 1982. The circuit judge appointed by the governor in

10 2025 for division three shall serve until January 1, 2029.

11 A circuit judge for division three shall be elected in 2028

12 for a four-year term and in 2032 for a full six-year term

13 and every six years thereafter.

1  488.426. 1. The judges of the circuit court, en banc,

2 in any circuit in this state may require any party filing a

3 civil case in the circuit court, at the time of filing the

4 suit, to deposit with the clerk of the court a surcharge in

5 addition to all other deposits required by law or court

6 rule. Sections 488.426 to 488.432 shall not apply to

7 proceedings when costs are waived or are to be paid by the

8 county or state or any city.

9  2. The surcharge in effect on August 28, 2001, shall

10 remain in effect until changed by the circuit court. The

11 circuit court in any circuit, except the circuit court in

12 Jackson County, the circuit court in the city of St. Louis,

13 or the circuit court in any circuit that reimburses the

14 state for the salaries of family court commissioners under

15 and pursuant to section 487.020, may change the fee to any

16 amount not to exceed fifteen dollars. The circuit court in

17 Jackson County, the circuit court in the city of St. Louis,
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    CCS HCS SS SCS SBs 835 & 1111

18 or the circuit court in any circuit that reimburses the

19 state for the salaries of family court commissioners under

20 and pursuant to section 487.020 may change the fee to any

21 amount not to exceed twenty dollars. A change in the fee

22 shall become effective and remain in effect until further

23 changed.

24  3. Sections 488.426 to 488.432 shall not apply to

25 proceedings when costs are waived or are paid by the county

26 or state or any city.

27  [4. In addition to any fee authorized by subsection 1

28 of this section, any county of the first classification with

29 more than one hundred one thousand but fewer than one

30 hundred fifteen thousand inhabitants may impose an

31 additional fee of ten dollars excluding cases concerning

32 adoption and those in small claims court. The provisions of

33 this subsection shall expire on December 31, 2019.]

1   513.380. 1. [Whenever an execution against the

2 property of any judgment debtor, individual or corporate,

3 issued from any court in this state, shall be returned

4 unsatisfied, in whole or in part, by any sheriff or other

5 proper officer, the] A judgment creditor [in such execution,

6 his executor, administrator or assign, may,] shall upon

7 motion made at any time [within five years after such return

8 so made] before the judgment has been satisfied of record by

9 the judgment creditor and before the judgment being presumed

10 paid and satisfied under section 516.350, be entitled to an

11 order by the court rendering such judgment, requiring the

12 judgment debtor or, in the case of a corporate judgment

13 debtor, its chief officer to appear before such court at a

14 time and place in said order to be named, to undergo an

15 examination under oath touching his or her ability and means

16 to satisfy said judgment, and in case of neglect or refusal
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    CCS HCS SS SCS SBs 835 & 1111

17 on the part of such judgment debtor or, in the case of a

18 corporate debtor, its chief officer to obey such order, such

19 court is hereby authorized to issue a writ of attachment

20 against said debtor, as now provided by law, and to punish

21 him or, in the case of a corporate debtor, its chief officer

22 for contempt.

23  2. [Any prosecuting attorney or circuit attorney may

24 grant use immunity from prosecution to a judgment debtor for

25 any statement made at a judgment debtor's examination

26 conducted pursuant to subsection 1 of this section. Such

27 use immunity from prosecution shall protect such person from

28 prosecution for any offense related to the content of the

29 statements made] For any statement made at a judgment

30 debtor's examination and conducted pursuant to subsection 1

31 of this section, a judgment debtor shall enjoy full use

32 immunity and derivative use immunity from prosecution

33 coextensive with their constitutional privilege against self-

34 incrimination. No testimony or other information directly

35 or indirectly derived therefrom, compelled under subsection

36 1 of this section, may be used against the witness in any

37 criminal case, except a prosecution for perjury or giving a

38 false statement.

1   513.423. 1. On April 1, 2029, and on each three-year

2 interval ending on April first thereafter, each dollar

3 amount in effect under sections 513.430 and 513.475 shall be

4 adjusted:

5   (1) To reflect the change in the Consumer Price Index

6 for All Urban Consumers, published by the United States

7 Department of Labor, or its successor index, for the most

8 recent three-year period ending immediately before January

9 first preceding such April first; and
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10  (2) To round to the nearest twenty-five dollars the

11 dollar amount that represents such change.

12  2. Not later than March 1, 2029, and at each three-

13 year interval ending on March first thereafter, the revisor

14 of statutes shall publish a schedule of adjusted dollar

15 amounts, which will become effective on such April first,

16 annually in an appendix to the revised statutes of

17 Missouri. The revisor of statutes shall place a revisor's

18 note following section 513.430 or 513.475 referencing the

19 appendix of the adjusted dollar amount.

20  3. Adjustments made in accordance with subsection 1 of

21 this section shall not apply with respect to cases commenced

22 before the date of such adjustments.

1   513.430. 1. The following property shall be exempt

2 from attachment and execution to the extent of any person's

3 interest therein:

4   (1) Household furnishings, household goods, wearing

5 apparel, appliances, books, animals, crops or musical

6 instruments that are held primarily for personal, family or

7 household use of such person or a dependent of such person,

8 not to exceed [three] fifteen thousand dollars in value in

9 the aggregate;

10  (2) A wedding ring not to exceed one thousand five

11 hundred dollars in value and other jewelry held primarily

12 for the personal, family or household use of such person or

13 a dependent of such person, not to exceed [five] one

14 thousand seven hundred dollars in value in the aggregate;

15  (3) Any other property of any kind, not to exceed in

16 value [six] one thousand seven hundred dollars in the

17 aggregate;

18  (4) Any implements or professional books or tools of

19 the trade of such person or the trade of a dependent of such
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    CCS HCS SS SCS SBs 835 & 1111

20 person not to exceed three thousand dollars in value in the

21 aggregate;

22  (5) Any motor vehicles, not to exceed [three] five

23 thousand dollars in value in the aggregate plus up to ten

24 thousand dollars of any unused amount of the exemption

25 provided under subdivision (1) of this subsection may be

26 allocated to a motor vehicle;

27  (6) Any mobile home used as the principal residence

28 but not attached to real property in which the debtor has a

29 fee interest, not to exceed [five] twelve thousand dollars

30 in value;

31  (7) Any one or more unmatured life insurance contracts

32 owned by such person, other than a credit life insurance

33 contract, and up to fifteen thousand dollars of any matured

34 life insurance proceeds for actual funeral, cremation, or

35 burial expenses where the deceased is the spouse, child, or

36 parent of the beneficiary;

37  (8) The amount of any accrued dividend or interest

38 under, or loan value of, any one or more unmatured life

39 insurance contracts owned by such person under which the

40 insured is such person or an individual of whom such person

41 is a dependent; provided, however, that if proceedings under

42 Title 11 of the United States Code are commenced by or

43 against such person, the amount exempt in such proceedings

44 shall not exceed in value one hundred fifty thousand dollars

45 in the aggregate less any amount of property of such person

46 transferred by the life insurance company or fraternal

47 benefit society to itself in good faith if such transfer is

48 to pay a premium or to carry out a nonforfeiture insurance

49 option and is required to be so transferred automatically

50 under a life insurance contract with such company or society

51 that was entered into before commencement of such
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    CCS HCS SS SCS SBs 835 & 1111

52 proceedings. No amount of any accrued dividend or interest

53 under, or loan value of, any such life insurance contracts

54 shall be exempt from any claim for child support.

55 Notwithstanding anything to the contrary, no such amount

56 shall be exempt in such proceedings under any such insurance

57 contract which was purchased by such person within one year

58 prior to the commencement of such proceedings;

59  (9) Professionally prescribed health aids for such

60 person or a dependent of such person;

61  (10) Such person's right to receive:

62  (a) A Social Security benefit, unemployment

63 compensation or a public assistance benefit;

64  (b) A veteran's benefit;

65  (c) A disability, illness or unemployment benefit;

66  (d) Alimony, support or separate maintenance, not to

67 exceed seven hundred fifty dollars a month;

68  (e) a. Any payment under a stock bonus plan, pension

69 plan, disability or death benefit plan, profit-sharing plan,

70 nonpublic retirement plan or any plan described, defined, or

71 established pursuant to section 456.014, the person's right

72 to a participant account in any deferred compensation

73 program offered by the state of Missouri or any of its

74 political subdivisions, or annuity or similar plan or

75 contract on account of illness, disability, death, age or

76 length of service, to the extent reasonably necessary for

77 the support of such person and any dependent of such person

78 unless:

79  (i) Such plan or contract was established by or under

80 the auspices of an insider that employed such person at the

81 time such person's rights under such plan or contract arose;

82  (ii) Such payment is on account of age or length of

83 service; and
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84   (iii) Such plan or contract does not qualify under

85 Section 401(a), 403(a), 403(b), 408, 408A or 409 of the

86 Internal Revenue Code of 1986, as amended, (26 U.S.C.

87 Section 401(a), 403(a), 403(b), 408, 408A or 409).

88   b. Notwithstanding the exemption provided in

89 subparagraph a. of this paragraph, any such payment to any

90 person shall be subject to attachment or execution pursuant

91 to a qualified domestic relations order, as defined by

92 Section 414(p) of the Internal Revenue Code of 1986 (26

93 U.S.C. Section 414(p)), as amended, issued by a court in any

94 proceeding for dissolution of marriage or legal separation

95 or a proceeding for disposition of property following

96 dissolution of marriage by a court which lacked personal

97 jurisdiction over the absent spouse or lacked jurisdiction

98 to dispose of marital property at the time of the original

99 judgment of dissolution;

100  (f) Any money or assets, payable to a participant or

101 beneficiary from, or any interest of any participant or

102 beneficiary in, a retirement plan, profit-sharing plan,

103 health savings [plan] account, or similar plan, including an

104 inherited account or plan, that is qualified under Section

105 223, 401(a), 403(a), 403(b), 408, 408A or 409 of the

106 Internal Revenue Code of 1986 (26 U.S.C. Section 223,

107 401(a), 403(a), 403(b), 408, 408A, or 409), as amended,

108 whether such participant's or beneficiary's interest arises

109 by inheritance, designation, appointment, or otherwise,

110 except as provided in this paragraph. Any plan or

111 arrangement described in this paragraph shall not be exempt

112 from the claim of an alternate payee under a qualified

113 domestic relations order; however, the interest of any and

114 all alternate payees under a qualified domestic relations

115 order shall be exempt from any and all claims of any
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     CCS HCS SS SCS SBs 835 & 1111

116 creditor, other than the state of Missouri through its

117 department of social services. As used in this paragraph,

118 the terms "alternate payee" and "qualified domestic

119 relations order" have the meaning given to them in Section

120 414(p) of the Internal Revenue Code of 1986 (26 U.S.C.

121 Section 414(p)), as amended. If proceedings under Title 11

122 of the United States Code are commenced by or against such

123 person, no amount of funds shall be exempt in such

124 proceedings under any such plan, contract, or trust which is

125 fraudulent as defined in subsection 2 of section 428.024 and

126 for the period such person participated within three years

127 prior to the commencement of such proceedings. For the

128 purposes of this section, when the fraudulently conveyed

129 funds are recovered and after, such funds shall be deducted

130 and then treated as though the funds had never been

131 contributed to the plan, contract, or trust;

132  (11) The debtor's right to receive, or property that

133 is traceable to, a payment on account of the wrongful death

134 of an individual of whom the debtor was a dependent, to the

135 extent reasonably necessary for the support of the debtor

136 and any dependent of the debtor;

137  (12) Firearms, firearm accessories, and ammunition,

138 not to exceed one thousand five hundred dollars in value in

139 the aggregate;

140  (13) Any moneys accruing to and deposited in

141 individual savings accounts or individual deposit accounts

142 under sections 166.400 to 166.456 or sections 166.500 to

143 166.529, subject to the following provisions:

144  (a) This subdivision shall apply to any proceeding

145 that:

146  a. Is filed on or after January 1, 2022; or
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     CCS HCS SS SCS SBs 835 & 1111

147  b. Was filed before January 1, 2022, and is pending or

148 on appeal after January 1, 2022;

149  (b) Except as provided by paragraph (c) of this

150 subdivision, if the designated beneficiary of an individual

151 savings account or individual deposit account established

152 under sections 166.400 to 166.456 or sections 166.500 to

153 166.529 is a lineal descendant of the account owner, all

154 moneys in the account shall be exempt from any claims of

155 creditors of the account owner or designated beneficiary;

156  (c) The provisions of paragraph (b) of this

157 subdivision shall not apply to:

158  a. Claims of any creditor of an account owner as to

159 amounts contributed within a two-year period preceding the

160 date of the filing of a bankruptcy petition under 11 U.S.C.

161 Section 101 et seq., as amended; or

162  b. Claims of any creditor of an account owner as to

163 amounts contributed within a one-year period preceding an

164 execution on judgment for such claims against the account

165 owner.

166  2. Nothing in this section shall be interpreted to

167 exempt from attachment or execution for a valid judicial or

168 administrative order for the payment of child support or

169 maintenance any money or assets, payable to a participant or

170 beneficiary from, or any interest of any participant or

171 beneficiary in, a retirement plan which is qualified

172 pursuant to Sections 408 and 408A of the Internal Revenue

173 Code of 1986 (26 U.S.C. Sections 408 and 408A), as amended.

1    513.475. 1. The homestead of every person, consisting

2 of a dwelling house and appurtenances, and the land used in

3 connection therewith, not exceeding the aggregate value of

4 [fifteen] forty thousand dollars, which is or shall be used

5 by such person as a homestead, shall, together with the
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    CCS HCS SS SCS SBs 835 & 1111

6 rents, issues and products thereof, be exempt from

7 attachment and execution. The exemption allowed under this

8 section shall not be allowed for more than one owner of any

9 homestead if one owner claims the entire amount allowed

10 under this subsection; but, if more than one owner of any

11 homestead claims an exemption under this section, the

12 exemption allowed to each of such owners shall not exceed,

13 in the aggregate, the total exemption allowed under this

14 subsection as to any one homestead.

15  2. Either spouse separately shall be debarred from and

16 incapable of selling, mortgaging or alienating the homestead

17 in any manner whatever, and every such sale, mortgage or

18 alienation is hereby declared null and void; provided,

19 however, that nothing herein contained shall be so construed

20 as to prevent the husband and wife from jointly conveying,

21 mortgaging, alienating or in any other manner disposing of

22 such homestead, or any part thereof.

1   525.235. 1. For purposes of this section, the term

2 "financial institution" means a federally insured bank,

3 savings bank, savings and loan association, or credit union.

4   2. All orders of garnishment issued in this state for

5 the purpose of attaching to account funds on deposit held by

6 a financial institution shall be issued only under this

7 section and shall attach only to such funds held by the

8 financial institution on the date of service on the

9 financial institution, provided the effective date of

10 service shall be a banking day and provided service is made

11 prior to the financial institution's business cutoff time,

12 otherwise the service on the financial institution shall be

13 effective on the next banking day. If an account receives

14 electronic deposits of exempt protected funds, including,

15 but not limited to, funds described under subdivision (10)
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    CCS HCS SS SCS SBs 835 & 1111

16 of subsection 1 of section 513.430, the attachment date for

17 such account shall be the date and banking day that the

18 financial institution applies for the federally required

19 look-back analysis to determine the protected amount. The

20 return date for orders of garnishment under this section

21 shall not be less than thirty days from the effective date

22 of service.

23  3. All orders of garnishment issued in this state for

24 the purpose of attaching to account funds held by a

25 financial institution shall include the judgment debtor's

26 address and the last four digits of the debtor's tax

27 identification number, if known, and shall specify the

28 amount of funds to be withheld by the garnishee.

29  4. If an order of garnishment attaches to account

30 funds held by a financial institution and the garnishee

31 holds funds of the judgment debtor in two or more accounts,

32 the garnishee may withhold payment of the amount attached

33 from any accounts belonging to a judgment debtor and such

34 accounts may have a different attachment date if necessary

35 for the federally required look-back analysis.

36  5. If an order of garnishment attaches to account

37 funds held by a financial institution and the garnishee

38 holds funds of the judgment debtor in an account which the

39 judgment debtor owns in joint tenancy with one or more

40 individuals who are not subject to the garnishment, the

41 garnishee shall withhold the entire amount sought by the

42 garnishment. The garnishee shall provide a copy of the

43 order of garnishment to each account holder within two

44 business days to the address provided to the garnishee by

45 each account holder by mail or electronically if authorized

46 by the account holder. Each account holder may file an

47 objection or request of exemption of all or a portion of the
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    CCS HCS SS SCS SBs 835 & 1111

48 account with the court that issued the order of garnishment

49 within thirty days of the date the garnishment attaches and

50 serve their objection or request for exemption on the

51 garnishor and the garnishee. If the objection or request of

52 exemption is not resolved within thirty days of the timely

53 filing of the objection or request of exemption, the

54 garnishee may pay the garnished funds to the circuit court

55 to be held for pending resolution of the objection or

56 request.

57  6. No party shall seek an order of garnishment

58 attaching to account funds held by a financial institution

59 except on good faith belief of the party seeking garnishment

60 that the party to be served with the garnishment order has,

61 or will have, account assets of the judgment debtor. Except

62 as provided in this subsection, not more than one

63 garnishment shall be issued by a party seeking an order of

64 garnishment under this section for the same garnishee

65 applicable to the same claim or claims and against the same

66 judgment debtor in any thirty-day period. A judge may order

67 an exception to this subsection in any case in which the

68 party seeking the garnishment shall in person or by attorney:

69  (1) Certify that the garnishment is not for the

70 purpose of harassment of the debtor; and

71  (2) State facts demonstrating to the satisfaction of

72 the judge that there is reason to believe that the garnishee

73 has property of the debtor which is not exempt from

74 execution.

75  7. No financial institution shall have a duty to

76 investigate or assert any defenses of a judgment debtor.

77  8. A financial institution served an order of

78 garnishment and interrogatories under this section shall

79 answer within twenty days. Funds shall be released to the
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     CCS HCS SS SCS SBs 835 & 1111

80 judgment debtor sixty days after an answer is submitted, or

81 sooner if required under an order to pay, or paid into the

82 court if objections are filed by the judgment debtor and the

83 financial institution is served with a copy of the

84 objections.

85   9. This section does not apply to wage garnishments or

86 to garnishments of property other than account funds held by

87 a financial institution and a garnishment issued under this

88 section does not require a garnishee to search for, hold, or

89 return wages or other property. A garnishment under this

90 section does not require a garnishee to report or hold or

91 respond to interrogatories not related to account funds.

92   10. This section does not limit the authority of a

93 garnishor to obtain and issue an order of garnishment and

94 interrogatories for wages or for property, other than

95 account funds, held by a financial institution pursuant to

96 law and the rules of the Missouri supreme court.

97   11. (1) A garnishee acting in good faith compliance

98 with a facially valid order of garnishment under this

99 section shall not be liable to any debtor, creditor, or

100 other person for withholding, restraining, or releasing

101 funds in reasonable reliance upon the terms of the writ or

102 order.

103  (2) A garnishee shall not be required to:

104  (a) Adjudicate competing claims of ownership to

105 property or funds;

106  (b) Determine the legal sufficiency or validity of the

107 underlying judgment; or

108  (c) Investigate facts outside the information

109 contained in the writ or the garnishee's business records.

110  (3) A garnishee shall be liable for damages arising

111 from a garnishment only if:
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     CCS HCS SS SCS SBs 835 & 1111

112  (a) The garnishee fails to follow the clear and

113 express terms of the writ or order;

114  (b) Such failure constitutes gross negligence or

115 willful misconduct; and

116  (c) Actual damages are proven.

117  (4) A garnishee shall not be liable if the garnishee

118 corrects an error within five business days after receiving

119 written notice identifying the alleged error and promptly

120 releases any improperly restrained funds.

121  (5) Temporary restraint of funds pending review of a

122 claimed exemption shall not create liability if the

123 garnishee, garnishor, and judgment debtor or other persons

124 act within time frames required by law.

125  12. The provisions of subsections 1 to 11 of this

126 section shall be effective January 1, 2028.

127  13. The provisions of this section shall be

128 implemented and administered in accordance with rules of the

129 Missouri supreme court.

1    537.529. 1. This section shall be known and may be

2 cited as the "Uniform Public Expression Protection Act".

3    2. As used in this section, the following terms mean:

4    (1) "Governmental unit", any city, county, or other

5 political subdivision of this state, or any department,

6 division, board, or other agency of any political

7 subdivision of this state;

8    (2) "Person", an individual, estate, trust,

9 partnership, business or nonprofit entity, governmental

10 unit, or other legal entity.

11   3. Except as otherwise provided in subsection 4 of

12 this section, the provisions of this section shall apply to

13 any cause of action asserted in a civil action against a

14 person based on the person's:
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    CCS HCS SS SCS SBs 835 & 1111

15  (1) Communication in a legislative, executive,

16 judicial, administrative, or other governmental proceeding;

17  (2) Communication on an issue under consideration or

18 review in a legislative, executive, judicial,

19 administrative, or other governmental proceeding; or

20  (3) Exercise of the right of freedom of speech or of

21 the press, the right to assemble or petition, or the right

22 of association, guaranteed by the Constitution of the United

23 States or the Constitution of the state of Missouri, on a

24 matter of public concern.

25  4. The provisions of this section shall not apply to a

26 cause of action asserted:

27  (1) Against a governmental unit or an employee or

28 agent of a governmental unit acting or purporting to act in

29 an official capacity;

30  (2) By a governmental unit or an employee or agent of

31 a governmental unit acting in an official capacity to

32 enforce a law to protect against an imminent threat to

33 public health or safety; or

34  (3) Against a person primarily engaged in the business

35 of selling or leasing goods or services if the cause of

36 action arises out of a communication related to the person's

37 sale or lease of the goods or services.

38 As used in this subsection, the term "goods or services"

39 shall not include any dramatic, literary, musical,

40 political, journalistic, or artistic work.

41  5. No later than sixty days after a party is served

42 with a complaint, crossclaim, counterclaim, third-party

43 claim, or other pleading that asserts a cause of action to

44 which this section applies, or at a later time upon a
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    CCS HCS SS SCS SBs 835 & 1111

45 showing of good cause, a party may file a special motion to

46 dismiss the cause of action or part of the cause of action.

47  6. (1) Except as otherwise provided in this

48 subsection:

49  (a) All other proceedings between the moving party and

50 responding party in an action, including discovery and a

51 pending hearing or motion, are stayed on the filing of a

52 motion under subsection 5 of this section; and

53  (b) On motion by the moving party, the court may stay:

54  a. A hearing or motion involving another party if the

55 ruling on the hearing or motion would adjudicate a legal or

56 factual issue that is material to the motion under

57 subsection 5 of this section; or

58  b. Discovery by another party if the discovery relates

59 to a legal or factual issue that is material to the motion

60 under subsection 5 of this section.

61  (2) A stay under subdivision (1) of this subsection

62 remains in effect until entry of an order ruling on the

63 motion filed under subsection 5 of this section and the

64 expiration of the time to appeal the order.

65  (3) If a party appeals from an order ruling on a

66 motion under subsection 5 of this section, all proceedings

67 between all parties in an action are stayed. The stay

68 remains in effect until the conclusion of the appeal.

69  (4) During a stay under subdivision (1) of this

70 subsection, the court may allow limited discovery if a party

71 shows that specific information is necessary to establish

72 whether a party has satisfied or failed to satisfy a burden

73 imposed by subdivision (1) of subsection 9 of this section

74 and is not reasonably available without discovery.
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     CCS HCS SS SCS SBs 835 & 1111

75   (5) A motion for costs and expenses under subsection

76 12 of this section shall not be subject to a stay under this

77 section.

78   (6) A stay under this subsection does not affect a

79 party's ability to voluntarily dismiss a cause of action or

80 part of a cause of action or move to sever a cause of action.

81   (7) During a stay under this section, the court for

82 good cause may hear and rule on:

83   (a) A motion unrelated to the motion under subsection

84 5 of this section; and

85   (b) A motion seeking a special or preliminary

86 injunction to protect against an imminent threat to public

87 health or safety.

88   7. (1) The court shall hear a motion under subsection

89 5 of this section no later than sixty days after filing of

90 the motion, unless the court orders a later hearing:

91   (a) To allow discovery under subdivision (4) of

92 subsection 6 of this section; or

93   (b) For other good cause.

94   (2) If the court orders a later hearing under

95 paragraph (a) of subdivision (1) of this subsection, the

96 court shall hear the motion under subsection 5 of this

97 section no later than sixty days after the court order

98 allowing the discovery, subject to paragraph (b) of

99 subdivision (1) of this subsection.

100  8. In ruling on a motion under subsection 5 of this

101 section, the court shall consider the parties' pleadings,

102 the motion, any replies and responses to the motion, and any

103 evidence that could be considered in ruling on a motion for

104 summary judgment.
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     CCS HCS SS SCS SBs 835 & 1111

105  9. (1) In ruling on a motion under subsection 5 of

106 this section, the court shall dismiss with prejudice a cause

107 of action or part of a cause of action if:

108  (a) The moving party establishes under subsection 3 of

109 this section that this section applies;

110  (b) The responding party fails to establish as

111 provided in subsection 4 of this section that this section

112 does not apply; and

113  (c) Either:

114  a. The responding party fails to establish a prima

115 facie case as to each essential element of the cause of

116 action; or

117  b. The moving party establishes that:

118  (i) The responding party failed to state a cause of

119 action upon which relief can be granted; or

120  (ii) There is no genuine issue as to any material fact

121 and the party is entitled to judgment as a matter of law on

122 the cause of action or part of the cause of action.

123  (2) A voluntary dismissal without prejudice of a

124 responding party's cause of action, or part of a cause of

125 action, that is the subject of a motion under subsection 5

126 of this section does not affect a moving party's right to

127 obtain a ruling on the motion and seek costs, reasonable

128 attorney's fees, and reasonable litigation expenses under

129 subsection 12 of this section.

130  (3) A voluntary dismissal with prejudice of a

131 responding party's cause of action, or part of a cause of

132 action, that is the subject of a motion under subsection 5

133 of this section establishes for the purpose of subsection 12

134 of this section that the moving party prevailed on the

135 motion.
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     CCS HCS SS SCS SBs 835 & 1111

136  10. The court shall rule on a motion under subsection

137 5 of this section no later than sixty days after the hearing

138 under subsection 7 of this section.

139  11. A moving party may appeal within twenty-one days

140 as a matter of right from an order denying, in whole or in

141 part, a motion under subsection 5 of this section.

142  12. On a motion under subsection 5 of this section,

143 the court shall award costs, reasonable attorney's fees, and

144 reasonable litigation expenses related to the motion:

145  (1) To the moving party if the moving party prevails

146 on the motion; or

147  (2) To the responding party if the responding party

148 prevails on the motion and the court finds that the motion

149 was frivolous or filed solely with intent to delay the

150 proceeding.

151  13. This section shall be broadly construed and

152 applied to protect the exercise of the right of freedom of

153 speech and of the press, the right to assemble and petition,

154 and the right of association, guaranteed by the Constitution

155 of the United States or the Constitution of the state of

156 Missouri.

157  14. In applying and construing this section,

158 consideration shall be given to the need to promote

159 uniformity of the law with respect to its subject matter

160 among states that enact it.

161  15. The provisions of this section shall apply to any

162 civil action filed, or any cause of action asserted in a

163 civil action, on or after August 28, 2026.

1              [537.528. 1. Any action against a person

2    for conduct or speech undertaken or made in

3    connection with a public hearing or public

4    meeting, in a quasi-judicial proceeding before a

5    tribunal or decision-making body of the state or
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    CCS HCS SS SCS SBs 835 & 1111

6   any political subdivision of the state is

7   subject to a special motion to dismiss, motion

8   for judgment on the pleadings, or motion for

9   summary judgment that shall be considered by the

10  court on a priority or expedited basis to ensure

11  the early consideration of the issues raised by

12  the motion and to prevent the unnecessary

13  expense of litigation. Upon the filing of any

14  special motion described in this subsection, all

15  discovery shall be suspended pending a decision

16  on the motion by the court and the exhaustion of

17  all appeals regarding the special motion.

18  2. If the rights afforded by this section

19  are raised as an affirmative defense and if a

20  court grants a motion to dismiss, a motion for

21  judgment on the pleadings or a motion for

22  summary judgment filed within ninety days of the

23  filing of the moving party's answer, the court

24  shall award reasonable attorney fees and costs

25  incurred by the moving party in defending the

26  action. If the court finds that a special

27  motion to dismiss or motion for summary judgment

28  is frivolous or solely intended to cause

29  unnecessary delay, the court shall award costs

30  and reasonable attorney fees to the party

31  prevailing on the motion.

32  3. Any party shall have the right to an

33  expedited appeal from a trial court order on the

34  special motions described in subsection 2 of

35  this section or from a trial court's failure to

36  rule on the motion on an expedited basis.

37  4. As used in this section, a "public

38  meeting in a quasi-judicial proceeding" means

39  and includes any meeting established and held by

40  a state or local governmental entity, including

41  without limitations meetings or presentations

42  before state, county, city, town or village

43  councils, planning commissions, review boards or

44  commissions.

45  5. Nothing in this section limits or

46  prohibits the exercise of a right or remedy of a

47  party granted pursuant to another

48  constitutional, statutory, common law or
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    CCS HCS SS SCS SBs 835 & 1111

49  administrative provision, including civil

50  actions for defamation.

51       6. If any provision of this section or the

52  application of any provision of this section to

53  a person or circumstance is held invalid, the

54  invalidity shall not affect other provisions or

55  applications of this section that can be given

56  effect without the invalid provision or

57  application, and to this end the provisions of

58  this section are severable.

59       7. The provisions of this section shall

60  apply to all causes of actions.]

1   Section B. The enactment of section 513.423 and the

2 repeal and reenactment of sections 513.380, 513.430, and

3 513.475 of this act shall become effective on January 1,

4 2027.

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