Legislative Update: Governor considers truly agreed bills

Pursuant to the constitution, the General Assembly automatically adjourned sine die at midnight on May 30, 2023.  That same day, the General Assembly presented all remaining Truly Agreed To and Finally Passed legislation to Governor Parson for consideration and action.  The governor will have forty-five days (July 14, 2023) to sign legislation into law or to return any bill to the Secretary of State with his approval or reasons for disapproval.  The appropriations bills making up the state’s Fiscal Year 2024 operating budget must be signed prior to the start of the new fiscal year (July 1, 2023).  Unless otherwise provided in the bill itself (with an emergency clause or a delayed effective date), the effective date of any Truly Agreed legislation from the 2023 Regular Session will be Tuesday, August 28, 2023.    

On The Missouri Bar’s Legislative Engagement Center, members have access to finding aids to help them navigate this year’s Truly Agreed legislation and keep track of what has been enacted into law.  A list of Truly Agreed bills, with outlines and short titles for the individual sections within each bill, are available for download as PDF document (“2023 TAFP Bills – Outlines”).  In addition, the collected text of the 2023 Truly Agreed legislation is also available for download as a bookmarked PDF (“2023 TAFP Bills – Bill Text”).  Additional finding aids or information will be added as bill reviews are completed.  A complete breakdown and summaries of the 2023 Truly Agreed To and Finally Passed Legislation will be available to members in the next issue of the Legislative Digest (prior to the August 28, 2023, effective date of most new laws).  

Below are highlights of Truly Agreed legislation directly impacting courts and the legal profession.  Legislative Updates throughout the summer will feature summaries, breakdowns, and other information about TAFP bills.   

SELECTED TRULY AGREED LEGISLATION   
IMPACTING COURTS AND THE LEGAL PROFESSION 

SENATE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

CCS SB 20 (Bernskoetter) – Relating to retirement, with existing penalty provisions  
05/12/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:   

• Retirement of Judges (Section 476.521) (Amend)

SS SB 35 (May) – Relating to judicial proceedings involving the parent-child relationship  
05/12/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

• Child Custody (Section 452.375) (Amend)
• License Suspensions - Failure to Comply with Child Support Order (Section 454.1005) (Amend) 

HCS SS SB 75 (Black) – Relating to retirement systems  
05/09/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

• Retirement of Judges (Section 476.521) (Amend) 

HCS SCS SB 103 (Crawford), relating to judicial proceedings, with penalty provisions  
05/09/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

• Confidentiality of Certain Records Involving Children (Section 210.1360) (New)
• Consumer Legal Funding Act (Sections 436.550 to 436.574) (New)
• Guardianships and Conservatorships (Section 475.040) (Amend)
• Guardianships and Conservatorships (Section 475.275) (Amend)
• Statewide Court Automation Fund Fee (Section 476.055) (Amend)
• Judicial Privacy Act (Sections 476.1300 to 476.1313) (New)
• Compensation of Court Reporters (Section 485.060) (Amend)
• Disclosure of Personal Information in Court Documents (Section 509.520) (Amend)
• Offense of Unlawful Posting of Certain Information Over the Internet (Section 565.240) (Amend)
• Expungement Surcharge (Section 488.650) (Repeal)  

CCS HCS SB 186 (Brown – 16), relating to public safety, with penalty provisions  
05/11/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

• Court Fees for Service of Process (Section 57.280) (Amend)
• Court Fees for Service of Process (Section 488.435) (Amend)
• Bail or Conditions of Release – Additional Factors (Section 544.453) (New)
• Credit for Time Served (Section 558.031) (Amend)
• Offense of Tampering with a Judicial Officer (Section 575.095) (Amend)
• Personal Documents for Exonerees (Section 1) (New) 

SS SCS SBs 189, 36 & 37 (Luetkemeyer and Williams), relating to public safety, with penalty provisions  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

• Jurisdiction of Juvenile Courts (Section 211.031) (Amend)
• Certification of Juveniles for Trial as Adults 
  Applicable Age and Mandatory Hearing for Certain Offenses (Section 211.071) (Amend)  
  Office of States Courts Administrator – Collection of Information Relating to Petitions to Certify Juveniles 211.600) (New)
• Warrant for Failure to Appear (Section 307.018) (New)
• Judicial Privacy Act (Sections 476.1300 to 476.1313) (New)
• Disclosure of Personal Information in Court Documents (Section 509.520) (Amend)
• Motion to Vacate or Set Aside the Judgment (Section 547.031) (Amend)
• Conviction Review Unit (Section 547.500) (New)
• Warrant for Failure to Appear (Section 556.021) (Amend)
• Minimum Prison Terms for Armed Criminal Action (Sections 558.019 and 571.015) (Amend)
• Credit for Time Served (Section 558.031) (Amend)
• Offense of Unlawful Posting of Certain Information Over the Internet (Section 565.240) (Amend)
• Missouri State Public Defender – Federal and Other Fund  (Section 600.042) (Amend)
• Expungement of Criminal Records (Section 610.140) (Amend)
• Restitution for Wrongful Convictions (Section 650.058) (Amend)
• Expungement Surcharge (Section 488.650) (Repeal)

APPROPRIATIONS BILLS

CCS SS SCS HCS HB 12 (Smith – 163), to appropriate money for the Chief Executive’s Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and for the State Senate and the House of Representatives and contingent expenses of the General Assembly; for the Committee on Legislative Research, various joint committees, and the interim committees established by the General Assembly, for the period beginning July 1, 2023 and ending June 30, 2024  
05/05/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

• Judicial Proceedings and Review (Section 12.300)
• Salaries of Supreme Court Judges and Chief Justice (Section 12.305)
• State Courts Administrator, Integrated Case Management System, and Preservation of Expunged Records in Accordance with Mo. Const., Art. XIV (Section 12.310)
• Court Improvement Projects and Federal Government Grants or Funds (Section 12.315)
• Statewide Court Automation Program Development and Implementation (Section 12.320)
• Judiciary Education and Training Fund (Section 12.325)
• Judicial Education and Training (Section 12.330)
• Court of Appeals (Section 12.335)
• Salaries of Appellate Court Judges (Section 12.340)
• Circuit Courts (Section 12.345)
• Expungement of Records in Accordance with Mo. Const., Art. XIV (Section 12.345)
• Payment to Counties for Salaries of Juvenile Court Personnel (Section 12.345)
• Debts Set-Off for Payments Due from Litigants in Court Proceedings (Section 12.345)
• Salaries of Circuit Court Judges, Associate Circuit Court Judges, Senior Judges, and Commissioners (Section 12.350)
• Court-Appointed Special Advocacy (CASA) Program Statewide Office (Section 12.355)
• Court-Appointed Special Advocacy Programs (Section 12.355)
• Domestic Relations Cases Education Programs and Handbook (Section 12.360)
• Commission on Retirement, Removal, and Discipline of Judges (Section 12.365)
• Appellate Judicial Commission and Circuit Judicial Commissions (Section 12.370)
• Treatment Court Resources Fund (Section 12.375)
• Treatment Courts Funding (Section 12.380)
• Medication Assisted Treatment Programs (Section 12.380) 
• Office of the State Public Defender (Section 12.400)

SS SCS HCS HB 20 (Smith – 163), to appropriate money for the expenses, grants, refunds, distributions, purchase of equipment, planning expenses, capital improvement projects, and equipment or systems for the several departments and offices of state government, for the fiscal period beginning July 1, 2023, and ending June 30, 2024  
05/05/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

• Court Improvement Projects (Section 20.650) 
   

2023 Legislative Dates to Remember

First Regular Session

Veto Session