Establishes the "Seventh Amendment Preservation Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 2282
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CLEMENS.
5834H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto one new section relating to protecting the right
of trial by jury .
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.550, to read as follows:
1.550. 1. This section shall be known and may be cited as the "Seventh
2 Amendment Pr eservation Act".
3 2. The general assembly finds and declar es that the Seventh Amendment of the
4 Constitution of the United States is the core to the foundation of this nation and that the
5 ability to seek r edress for wro ngdoing is necessary in a civil society .
6 3. T o pr eserve the constitutional rights of Missouri citizens and resi dents so that
7 they may r eceive their day in court, the following protect ions shall apply:
8 (1) The pr ovisions of the Constitution of the United States and the Constitution
9 of Missouri occupy and pr eempt legislation involving civil litigation and laws, rules,
10 orders, or other actions that res trict a res ident's day in court as it existed in 1822 and
11 expanded by the Thirteenth Amendment, Fourteenth Amendment, and Fifteenth
12 Amendment of the Constitution of the United States on a civil matter exceeding the
13 powers granted to state government, except to the extent that the laws, rules, orders, or
14 other actions ar e necessary and pr oper for governing courts and pr ocedur es ther ein;
15 (2) All federal and state acts, laws, executive orders, administrative orders, rules,
16 and reg ulations, whether past, pr esent, or futur e, that infringe on a citizen's or
17 r esident's right to his or her day in court as guaranteed by the Seventh Amendment to
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.
18 the Constitution of the United States, and expanded by the Thirteenth Amendment,
19 Fourteenth Amendment, and Fifteenth Amendment of the Constitution of the United
20 States and by Article I, Section 22(a) of the Constitution of Missouri, shall be invalid in
21 this state;
22 (3) It shall be the duty of government to pr otect the rights of Missouri citizens
23 and res idents so that citizens and res idents may r eceive a trial by jury in all civil matters
24 in accordance with the Seventh Amendment of the Constitution of the United States and
25 Article I, Section 22(a) of the Constitution of Missouri;
26 (4) Any entity or person who knowingly acts under the color of any federal or
27 state law to deprive a Missouri citizen or resi dent of the rights or privileges ensur ed by
28 the federal and state constitutions to a civil trial shall be liable to the injured party for
29 the deprivation of their rights. Reasonable attorney's fees and costs may be awarded to
30 the prev ailing party with specified exceptions;
31 (5) Notwithstanding any other provi sion of law , ther e shall be no legislative
32 r estrictions to settlement amounts, jury awards for damages of any kind, access to
33 courts, joinder , jurisdiction, or venue. Any such provi sion under Missouri law that
34 curr ently exists shall be null and void.
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HB 2282 2