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SECOND REGULAR SESSION
HOUSE BILL NO. 1935
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SMITH (74).
4929H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 66.010, RSMo, and to enact in lieu thereof one new section relating to
county municipal courts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 66.010, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 66.010, to read as follows:
66.010. 1. Any county framing and adopting a charter for its own government under
2 the provisions of Section 18, Article VI of the Constitution of this state, may prosecute and
3 punish violations of its county ordinances in the circuit court of such counties in the manner
4 and to the extent herein provided or in a county municipal court. In addition, the county may
5 prosecute and punish municipal ordinance violations in the county municipal court pursuant
6 to a contract with any municipality within the county . Any county municipal court
7 established pursuant to the provisions of this section shall have jurisdiction over violations of
8 that county's ordinances and the ordinances of municipalities with which the county has a
9 contract to prosecute and punish violations of municipal ordinances of the city . Costs and
10 procedures in any such county municipal court shall be governed by the provisions of law
11 relating to municipal ordinance violations in municipal divisions of circuit courts.
12 2. In any county which has elected to establish a county municipal court pursuant to
13 this section, the judges for such court shall be appointed by the county executive of such
14 county , subject to confirmation by the legislative body of such county in the same manner as
15 confirmation for other county appointed of ficers. The number of judges appointed, and
16 qualifications for their appointment, shall be established by ordinance of the county .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 3. The number of divisions of such county municipal court and its term shall be
18 established by ordinance of the county .
19 4. [ Except in any county with a charter form of government and with more than six
20 hundred thousand but fewer than seven hundred thousand inhabitants, the ordinance of the
21 county shall provide for regular sessions of court in the evening hours after 6:00 p.m. and at
22 locations outside the county seat. In any county with a charter form of government and with
23 more than six hundred thousand but fewer than seven hundred thousand inhabitants, the
24 ordinance of the county may provide for regular sessions of court in the evening hours after
25 6:00 p.m. and at locations outside the county seat.
26 5. ] Judges of the county municipal court shall be licensed to practice law in this state
27 and shall be residents of the county in which they serve. Municipal court judges shall not
28 accept or handle cases in their practice of law which are inconsistent with their duties as a
29 municipal court judge and shall not be a judge or prosecutor for any other court.
30 [ 6. ] 5. In establishing the county municipal court, provisions shall be made for
31 appropriate circumstances whereby defendants may enter not guilty pleas and obtain trial
32 dates by telephone or written communication without personal appearance, or to plead guilty
33 and deliver by mail or electronic transfer or other approved method the specified amount of
34 the fine and costs as otherwise provided by law , within a specified period of time.
35 [ 7. ] 6. In a county municipal court established pursuant to this section, the county
36 may provide by ordinance for court costs not to exceed the sum which may be provided by
37 municipalities for municipal violations before municipal courts. The county municipal judge
38 may assess costs against a defendant who pleads guilty or is found guilty except in those
39 cases where the defendant is found by the judge to be indigent and unable to pay the costs.
40 The costs authorized in this subsection are in addition to service costs, witness fees and jail
41 costs that may otherwise be authorized to be assessed, but are in lieu of other court or judge
42 costs or fees. Such costs shall be collected by the authorized clerk and deposited into the
43 county treasury .
44 [ 8. ] 7. Provisions shall be made for recording of proceedings, except that if such
45 proceedings are not recorded, then, in that event, a person aggrieved by a judgment of a traff ic
46 judge or commissioner shall have the right of a trial de novo. The procedures for perfecting
47 the right of a trial de novo shall be the same as that provided under sections 512.180 to
48 512.320, except that the provisions of subsection 2 of section 512.180 shall not apply to such
49 cases. In the event that such proceedings are recorded, all final decisions of the county
50 municipal court shall be appealable on such record to the appellate court with appropriate
51 jurisdiction.
52 [ 9. ] 8. Any person char ged with the violation of a county ordinance in a county which
53 has established a county municipal court under the provisions of this section shall, upon
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54 request, be entitled to a trial by jury before a county municipal court judge. Any jury trial
55 shall be heard with a record being made.
56 [ 10. ] 9. In the event that a court is established pursuant to this section, the circuit
57 judges of the judicial circuit with jurisdiction within that county may authorize the judges of
58 the county municipal court to act as commissioners to hear in the first instance nonfelony
59 violations of state law involving motor vehicles as provided by local rule.
✔
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