SB 835 — Modifies provisions relating to court procedures

The members of the Missouri Bar shall be appointed by the board of governors of the Missouri Bar.

Any member of the committee may designate another person to serve on the committee in place of the committee member] or the director's designee.

The appointed members of the committee shall serve for terms of two years and until their successors are appointed and qualified.

The members of the committee shall be reimbursed from the statewide court automation fund for their actual expenses in performing their official duties on the committee.

CCS HCS SS SCS SBs 835 & 1111 3.

The committee shall develop and [implement a plan for] maintain a statewide court automation system.

The committee shall have the authority to hire consultants, review systems in other jurisdictions, and purchase goods and services to administer the provisions of this section.

The committee may implement [one or more] pilot projects in the state [for the purposes of determining the feasibility of developing and implementing such plan.

The members of the committee shall be reimbursed from the court automation fund for their actual expenses in performing their official duties on the committee] at any time.

4.

Any purchase of computer software or computer hardware that exceeds five thousand dollars shall be made pursuant to the requirements of the office of administration for lowest and best bid.

Such bids shall be subject to acceptance by the office of administration.

The court automation committee shall determine the specifications for such bids.

5.

The court automation committee shall not require any circuit court to change any operating system in such court, unless the committee provides all [necessary] personnel, funds, and equipment necessary to effectuate the required changes.

No judicial circuit or county may be reimbursed for any costs incurred pursuant to this subsection unless such judicial circuit or county has the approval of the court automation committee prior to incurring the specific cost.

6.

[Any] The court automation system, including any pilot project, shall be [implemented,] operated and maintained in accordance with strict standards for the security and privacy of confidential judicial records, as provided by supreme court rule.

Any person who knowingly CCS HCS SS SCS SBs 835 & 1111 releases information from a confidential judicial record is guilty of a class B misdemeanor.

Any person who, knowing that a judicial record is confidential, uses information from such confidential judicial record for financial gain is guilty of a class E felony.

7.

[On the first day of February, May, August and November] No later than the fifteenth of January of each year, the court automation committee shall electronically file a report on the progress of the statewide court automation system with the chairs of the following committees:

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

(2) The [chair of the] senate appropriations committee, or its successor committee;

(3) The [chair of the] house judiciary committee, or its successor committee;

and (4) The [chair of the] senate judiciary committee, or its successor committee.

[8.

The court automation committee established pursuant to this section may continue to function until completion of its duties prescribed by this section.] 478.003.

1.

In any judicial circuit of this state, a majority of the judges of the circuit court may designate a judge to hear cases arising in the circuit subject to the provisions of sections 478.001 to 478.009.

In lieu thereof and subject to appropriations or other funds available for such purpose, a majority of the judges of the circuit court may appoint a person or persons to act as treatment court commissioners.

Each commissioner shall be appointed for a term of four years, but may be removed at any time by a majority of the judges of the circuit court.

The CCS HCS SS SCS SBs 835 & 1111 qualifications, compensation, and retirement benefits of the commissioner shall be the same as that of an associate circuit judge.

If the compensation of a commissioner appointed pursuant to this section is provided from other than state funds, the source of such fund shall pay to and reimburse the state for the actual costs of the salary and benefits of the commissioner.

The commissioner shall have all the powers and duties of a circuit judge, except that any order, judgment or decree of the commissioner shall be confirmed or rejected by an associate circuit or circuit judge by order of record entered within the time the judge could set aside such order, judgment or decree had the same been made by the judge.

If so confirmed, the order, judgment or decree shall have the same effect as if made by the judge on the date of its confirmation.

2.

The Missouri supreme court may assign a treatment court commissioner to serve in the treatment court division of a circuit other than the circuit in which the commissioner is appointed.

The transfer shall only be ordered with the consent and approval of the presiding judge of the circuit to which the commissioner is to be assigned.

3.

A treatment court commissioner may serve as a commissioner in any treatment court as designated by the treatment court coordinating commission, subject to local court rules.

4.

In each circuit having a treatment court division that has neither a treatment court administrator nor a treatment court commissioner, the court shall employ a treatment court administrator, subject to appropriations or other funds available for such purpose.

If the compensation of an administrator employed pursuant to this subsection is provided from other than state funds, the source of such CCS HCS SS SCS SBs 835 & 1111 funds shall pay to and reimburse the state for the actual costs of the salary and benefits of the administrator.

478.700.

1.

There shall be [two] three circuit judges in the twenty-fifth judicial circuit [consisting of the counties of Maries, Phelps, Pulaski and Texas].

These judges shall sit in divisions numbered one [and], two, and three.

These judgeships shall include the circuit judgeship created in fiscal year 2026 under section 478.330.

2.

The circuit judge in division two shall be elected in 1980.

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

The circuit judge appointed by the governor in 2025 for division three shall serve until January 1, 2029.

A circuit judge for division three shall be elected in 2028 for a four-year term and in 2032 for a full six-year term and every six years thereafter.

488.426.

1.

The judges of the circuit court, en banc, in any circuit in this state may require any party filing a civil case in the circuit court, at the time of filing the suit, to deposit with the clerk of the court a surcharge in addition to all other deposits required by law or court rule.

Sections 488.426 to 488.432 shall not apply to proceedings when costs are waived or are to be paid by the county or state or any city.

2.

The surcharge in effect on August 28, 2001, shall remain in effect until changed by the circuit court.

The circuit court in any circuit, except the circuit court in Jackson County, the circuit court in the city of St.

Louis, or the circuit court in any circuit that reimburses the state for the salaries of family court commissioners under and pursuant to section 487.020, may change the fee to any amount not to exceed fifteen dollars.

The circuit court in Jackson County, the circuit court in the city of St.

Louis, CCS HCS SS SCS SBs 835 & 1111 or the circuit court in any circuit that reimburses the state for the salaries of family court commissioners under and pursuant to section 487.020 may change the fee to any amount not to exceed twenty dollars.

A change in the fee shall become effective and remain in effect until further changed.

3.

Sections 488.426 to 488.432 shall not apply to proceedings when costs are waived or are paid by the county or state or any city.

[4.

In addition to any fee authorized by subsection 1 of this section, any county of the first classification with more than one hundred one thousand but fewer than one hundred fifteen thousand inhabitants may impose an additional fee of ten dollars excluding cases concerning adoption and those in small claims court.

The provisions of this subsection shall expire on December 31, 2019.] 513.380.

1.

[Whenever an execution against the property of any judgment debtor, individual or corporate, issued from any court in this state, shall be returned unsatisfied, in whole or in part, by any sheriff or other proper officer, the] A judgment creditor [in such execution, his executor, administrator or assign, may,] shall upon motion made at any time [within five years after such return so made] before the judgment has been satisfied of record by the judgment creditor and before the judgment being presumed paid and satisfied under section 516.350, be entitled to an order by the court rendering such judgment, requiring the judgment debtor or, in the case of a corporate judgment debtor, its chief officer to appear before such court at a time and place in said order to be named, to undergo an examination under oath touching his or her ability and means to satisfy said judgment, and in case of neglect or refusal CCS HCS SS SCS SBs 835 & 1111 on the part of such judgment debtor or, in the case of a corporate debtor, its chief officer to obey such order, such court is hereby authorized to issue a writ of attachment against said debtor, as now provided by law, and to punish him or, in the case of a corporate debtor, its chief officer for contempt.

2.

(1) To reflect the change in the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, or its successor index, for the most SS SCS SBs 835 & 1111 3 recent three-year period ending immediately before January first preceding such April first;

and CCS HCS SS SCS SBs 835 & 1111 (2) To round to the nearest twenty-five dollars the dollar amount that represents such change.

SS SCS SBs 835 & 1111 4 (4) Any implements or professional books or tools of the trade of such person or the trade of a dependent of such CCS HCS SS SCS SBs 835 & 1111 person not to exceed three thousand dollars in value in the aggregate;

provided, however, that if proceedings under Title 11 of the United States Code are commenced by or against such person, the amount exempt in such proceedings shall not exceed in value one hundred fifty thousand dollars in the aggregate less any amount of property of such person transferred by the life insurance company or fraternal benefit society to itself in good faith if such transfer is to pay a premium or to carry out a nonforfeiture insurance option and is required to be so transferred automatically SS SCS SBs 835 & 1111 5 under a life insurance contract with such company or society that was entered into before commencement of such CCS HCS SS SCS SBs 835 & 1111 proceedings.

SS SCS SBs 835 & 1111 6 (ii) Such payment is on account of age or length of service;

and CCS HCS SS SCS SBs 835 & 1111 (iii) Such plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as amended, (26 U.S.C.

however, the interest of any and SS SCS SBs 835 & 1111 7 all alternate payees under a qualified domestic relations order shall be exempt from any and all claims of any CCS HCS SS SCS SBs 835 & 1111 creditor, other than the state of Missouri through its department of social services.

SS SCS SBs 835 & 1111 8 a.

or CCS HCS SS SCS SBs 835 & 1111 b.

The homestead of every person, consisting of a dwelling house and appurtenances, and the land used in connection therewith, not exceeding the aggregate value of [fifteen] forty thousand dollars, which is or shall be used SS SCS SBs 835 & 1111 9 by such person as a homestead, shall, together with the CCS HCS SS SCS SBs 835 & 1111 rents, issues and products thereof, be exempt from attachment and execution.

If an account receives electronic deposits of exempt protected funds, including, SS SCS SBs 835 & 1111 10 but not limited to, funds described under subdivision (10) CCS HCS SS SCS SBs 835 & 1111 of subsection 1 of section 513.430, the attachment date for such account shall be the date and banking day that the financial institution applies for the federally required look-back analysis to determine the protected amount.

If an order of garnishment attaches to account funds held by a financial institution and the garnishee holds funds of the judgment debtor in two or more accounts, the garnishee may withhold payment of the amount attached from any accounts identifiedbelonging into thea orderjudgment ofdebtor garnishment and such accounts may have a different attachment date if necessary for the federally required look-back analysis.

The garnishee shall provide a copy of the order of garnishment to each account holder within two business days to the address provided to the garnishee by each account holder by mail or electronically if authorized by the account holder.

Each account holder may file an objection SS SCS SBs 835 & 1111 11 or request of exemption of all or a portion of the CCS HCS SS SCS SBs 835 & 1111 account with the court that issued the order of garnishment within thirty days of the date the garnishment attaches and serve their objection or request for exemption on the garnishor and the garnishee.

If the objection or request of exemption is not resolved within thirty days,days of the timely filing of the objection or request of exemption, the garnishee may pay the garnished funds to the circuit court to be held for pending resolution of the objection or request.

The garnishee shall not be liable to the joint owners if the ownership of the funds is later proven not to be the judgment debtor's.

SS SCS SBs 835 & 1111 12 8.

Funds shall be released to the CCS HCS SS SCS SBs 835 & 1111 judgment debtor sixty days after an answer is submitted, or sooner if required under an order to pay, or paid into the court if objections are filed by the judgment debtor and the financial institution is served with a copy of the objections.

The(1) provisionsA ofgarnishee subsectionsacting 1in togood 10faith compliance with a facially valid order of garnishment under this section shall not be effectiveliable Januaryto 1,any 2028.debtor, creditor, or other person for withholding, restraining, or releasing funds in reasonable reliance upon the terms of the writ or order.

(2) A garnishee shall not be required to:

(a) Adjudicate competing claims of ownership to property or funds;

(b) Determine the legal sufficiency or validity of the underlying judgment;

or (c) Investigate facts outside the information contained in the writ or the garnishee's business records.

(3) A garnishee shall be liable for damages arising from a garnishment only if:

CCS HCS SS SCS SBs 835 & 1111 (a) The garnishee fails to follow the clear and express terms of the writ or order;

(b) Such failure constitutes gross negligence or willful misconduct;

and (c) Actual damages are proven.

(4) A garnishee shall not be liable if the garnishee corrects an error within five business days after receiving written notice identifying the alleged error and promptly releases any improperly restrained funds.

(5) Temporary restraint of funds pending review of a claimed exemption shall not create liability if the garnishee, garnishor, and judgment debtor or other persons act within time frames required by law.

The provisions of subsections 1 to 11 of this section shall be effective January 1, 2028.

13.

Section537.529. B.

1.

This section shall be known and may be cited as the "Uniform Public Expression Protection Act".

2.

As used in this section, the following terms mean:

(1) "Governmental unit", any city, county, or other political subdivision of this state, or any department, division, board, or other agency of any political subdivision of this state;

(2) "Person", an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

3.

Except as otherwise provided in subsection 4 of this section, the provisions of this section shall apply to any cause of action asserted in a civil action against a person based on the person's:

CCS HCS SS SCS SBs 835 & 1111 (1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding;

or (3) Exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the Constitution of the United States or the Constitution of the state of Missouri, on a matter of public concern.

4.

The provisions of this section shall not apply to a cause of action asserted:

(1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety;

or (3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

As used in this subsection, the term "goods or services" shall not include any dramatic, literary, musical, political, journalistic, or artistic work.

5.

No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this section applies, or at a later time upon a CCS HCS SS SCS SBs 835 & 1111 showing of good cause, a party may file a special motion to dismiss the cause of action or part of the cause of action.

6.

(1) Except as otherwise provided in this subsection:

(a) All other proceedings between the moving party and responding party in an action, including discovery and a pending hearing or motion, are stayed on the filing of a motion under subsection 5 of this section;

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

a.

A hearing or motion involving another party if the ruling on the hearing or motion would adjudicate a legal or factual issue that is material to the motion under subsection 5 of this section;

or b.

Discovery by another party if the discovery relates to a legal or factual issue that is material to the motion under subsection 5 of this section.

(2) A stay under subdivision (1) of this subsection remains in effect until entry of an order ruling on the motion filed under subsection 5 of this section and the expiration of the time to appeal the order.

(3) If a party appeals from an order ruling on a motion under subsection 5 of this section, all proceedings between all parties in an action are stayed.

The stay remains in effect until the conclusion of the appeal.

(4) During a stay under subdivision (1) of this subsection, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden imposed by subdivision (1) of subsection 9 of this section and is not reasonably available without discovery.

CCS HCS SS SCS SBs 835 & 1111 (5) A motion for costs and expenses under subsection 12 of this section shall not be subject to a stay under this section.

(6) A stay under this subsection does not affect a party's ability to voluntarily dismiss a cause of action or part of a cause of action or move to sever a cause of action.

(7) During a stay under this section, the court for good cause may hear and rule on:

(a) A motion unrelated to the motion under subsection 5 of this section;

and (b) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

7.

(1) The court shall hear a motion under subsection 5 of this section no later than sixty days after filing of the motion, unless the court orders a later hearing:

(a) To allow discovery under subdivision (4) of subsection 6 of this section;

or (b) For other good cause.

(2) If the court orders a later hearing under paragraph (a) of subdivision (1) of this subsection, the court shall hear the motion under subsection 5 of this section no later than sixty days after the court order allowing the discovery, subject to paragraph (b) of subdivision (1) of this subsection.

8.

In ruling on a motion under subsection 5 of this section, the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.

CCS HCS SS SCS SBs 835 & 1111 9.

(1) In ruling on a motion under subsection 5 of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:

(a) The moving party establishes under subsection 3 of this section that this section applies;

(b) The responding party fails to establish as provided in subsection 4 of this section that this section does not apply;

and (c) Either:

a.

The responding party fails to establish a prima facie case as to each essential element of the cause of action;

or b.

The moving party establishes that:

(i) The responding party failed to state a cause of action upon which relief can be granted;

or (ii) There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(2) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under subsection 5 of this section does not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under subsection 12 of this section.

(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under subsection 5 of this section establishes for the purpose of subsection 12 of this section that the moving party prevailed on the motion.

CCS HCS SS SCS SBs 835 & 1111 10.

The court shall rule on a motion under subsection 5 of this section no later than sixty days after the hearing under subsection 7 of this section.

11.

A moving party may appeal within twenty-one days as a matter of right from an order denying, in whole or in part, a motion under subsection 5 of this section.

12.

On a motion under subsection 5 of this section, the court shall award costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion:

(1) To the moving party if the moving party prevails on the motion;

or (2) To the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

13.

This section shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the Constitution of the United States or the Constitution of the state of Missouri.

14.

In applying and construing this section, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

15.

The provisions of this section shall apply to any civil action filed, or any cause of action asserted in a civil action, on or after August 28, 2026.

[537.528.

1.

Any action against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting, in a quasi-judicial proceeding before a tribunal or decision-making body of the state or CCS HCS SS SCS SBs 835 & 1111 any political subdivision of the state is subject to a special motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment that shall be considered by the court on a priority or expedited basis to ensure the early consideration of the issues raised by the motion and to prevent the unnecessary expense of litigation.

Upon the filing of any special motion described in this subsection, all discovery shall be suspended pending a decision on the motion by the court and the exhaustion of all appeals regarding the special motion.

2.

If the rights afforded by this section are raised as an affirmative defense and if a court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment filed within ninety days of the filing of the moving party's answer, the court shall award reasonable attorney fees and costs incurred by the moving party in defending the action.

If the court finds that a special motion to dismiss or motion for summary judgment is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the party prevailing on the motion.

3.

Any party shall have the right to an expedited appeal from a trial court order on the special motions described in subsection 2 of this section or from a trial court's failure to rule on the motion on an expedited basis.

4.

As used in this section, a "public meeting in a quasi-judicial proceeding" means and includes any meeting established and held by a state or local governmental entity, including without limitations meetings or presentations before state, county, city, town or village councils, planning commissions, review boards or commissions.

5.

Nothing in this section limits or prohibits the exercise of a right or remedy of a party granted pursuant to another constitutional, statutory, common law or CCS HCS SS SCS SBs 835 & 1111 administrative provision, including civil actions for defamation.

6.

If any provision of this section or the application of any provision of this section to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

7.

The provisions of this section shall apply to all causes of actions.] Section B.