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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1508
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOSLEY .
3370S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 510.120, RSMo, and to enact in lieu thereof one new section relating to automatic
stays of proceedings for members of the general assembly.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 510.120, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 510.120, 2
to read as follows:3
510.120. 1. During the period beginning January first 1
and ending June first of each year, or whenever the general 2
assembly is in session, there shall be an automatic stay of 3
all administrative and court proceedings in which any member 4
of the general assembly has filed a written notice with the 5
court or administrative hearing officer and with all parties 6
to the proceeding that the member is: 7
(1) [A necessary] Subpoenaed as a witness; 8
(2) A party to the action; or 9
(3) The initial attorney for any party or has filed an 10
entry of appearance as an attorney for any party more than 11
forty-five days prior to the filing of the written notice 12
under this subsection. 13
2. The stay created by this section shall apply to all 14
trials, motions, hearings, discovery responses, depositions, 15
responses to motions, docket calls, and any other 16
proceedings before any trial court or administrative 17
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tribunal, including municipal courts. The stay shall also 18
apply to any order requiring the member to serve as a juror 19
whenever the general assembly is in session. 20
3. The stay created by this section shall not apply: 21
(1) If the member waives the protections of this stay 22
in the form of a written memorandum filed with the trial 23
court or administrative tribunal; 24
(2) To any proceedings under chapter 288; 25
(3) To any proceedings involving a request for 26
injunctive relief; [or] 27
(4) To any proceeding in which a member has been 28
subpoenaed as a witness but, for good cause shown by any 29
party to the proceeding, the trial court or administrative 30
tribunal quashes the subpoena; 31
(5) To any proceeding in which a member has been 32
ordered to serve as a juror but the order requiring the 33
member to serve as a juror is set aside; or 34
(6) To any proceeding in which the member is charged 35
with a felony or a class A misdemeanor. 36
4. The court of appeals shall have original 37
jurisdiction over any application for termination or 38
modification of the stay. 39
5. In all civil cases or administrative proceedings or 40
in criminal cases pending in this state at any time when the 41
general assembly is in veto session, special session, or 42
holding out-of-session committee hearings, it shall be a 43
sufficient cause for such continuance if [it shall appear to 44
the court], by written notice, [that] any individual 45
subpoenaed as a witness, any individual ordered to serve as 46
a juror, any party applying for such continuance, or any 47
attorney, solicitor or counsel of such party is a member of 48
either house of the general assembly, and in or scheduled to 49
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be in actual attendance on the out-of-session committee 50
hearings, special session, or veto session of the same[, and 51
that the attendance of such party, attorney, solicitor or 52
counsel is necessary to a fair and proper trial or other 53
proceeding in such suit]; and on the filing of such notice 54
the court shall continue such suit and any and all motions 55
or other proceedings therein, of every kind and nature, 56
including the taking of depositions and discovery responses, 57
and thereupon no trial or other proceedings of any kind or 58
nature shall be had therein until the adjournment or recess 59
for three days or more of the special session or veto 60
session of the general assembly, nor for one day before or 61
after or the day of any out-of-session committee hearings, 62
provided however, in the case of a member subpoenaed as a 63
witness or ordered to serve as a juror, for good cause shown 64
by any party, the trial court or administrative tribunal may 65
quash the subpoena or set aside the order to serve as a 66
juror and no continuance shall be required. Such notice 67
shall be sufficient, if made within two days of the out-of- 68
session committee hearings, special session, or veto session 69
of the general assembly, showing that at the time of making 70
the same such witness, juror, party, attorney, solicitor or 71
counsel is scheduled to be in actual attendance upon such 72
out-of-session committee hearings, special session, or veto 73
session of the general assembly. 74
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