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CCS/HCS/SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to court procedures.
INSURER'S LEGAL TITLE TO CLAIM PAID AND ASSIGNMENT OF POST-LOSS INSURANCE BENEFIT (SECTION 379.135)
Upon payment by an insurer of all or any part of a claimant's property damage claim, legal title to the portion of the claim paid shall vest in the insurer to the extent of such payment. No assignment or other action by the claimant shall be required for the insurer to enforce its legal title. The claimant shall retain legal title only to that portion of the property damage claim not paid by the insurer.
This act prohibits assignment of post-loss benefits under any policy of insurance covering property, including, but not limited to, any right of action against the insurer or any proceeds acquired from the insurer. A person shall not solicit or accept an assignment, in whole or in part, of any post-loss insurance benefit for property damage under a contract of insurance. Any agreement to assign post-loss benefits is null and void. The provisions of this act shall not apply to an assignment, transfer, pledge, or conveyance granted to a financial institution, mortgagee, lienholder, or a subsequent purchaser of the property. A violation of this act shall be considered a level two insurance violation.
This provision is substantially similar to a provision in HCS/HB 3328 (2026) and is similar to a provision in SCS/SB 1543 (2026) and in the truly agreed to and finally passed SS/HB 2636 (2026).
STATEWIDE COURT AUTOMATION (SECTION 476.055)
This act modifies provisions of law related to the Statewide Court Automation Committee ("Committee").
Specifically, this act provides that the Chief Justice of the Supreme Court of Missouri, the Executive Director of the Missouri Office of Prosecution Services, and the Director of the Missouri State Public Defender System shall now serve as ex-officio members. For the House and Senate members on the Committee, one shall be a member of the majority party and one shall be a member of the minority party. Furthermore, the appointed members of the Committee shall serve for terms of two years or until their successors are appointed. Members of the Committee may also be reimbursed from the Statewide Court Automation Fund for actual expenses related to the duties of the Committee.
Furthermore, this act provides that the Committee shall maintain, rather than implement, a statewide court automation system.
This act also describes "confidential judicial record" for purposes of the offenses related to releasing information from a confidential judicial record as those provided by Missouri Supreme Court Rules.
Currently, the Committee is required to file a report on the progress of the statewide court automation system with the chairs of certain House and Senate Committees on the February 1st, May 1st, August 1st, and November 1st of each year. Instead, this act provides that the report shall be filed electronically on January 15th of each year.
Lastly, this act removes the expiration of the Committee upon completion of its duties.
These provisions are identical to provisions in HCS/SB 945 (2026), in HCS/SB 1067 (2026), and in HCS/HB 3289 (2026).
TREATMENT COURTS (SECTION 478.003)
This act provides that in each treatment court division without a treatment court administrator or a treatment court commissioner, the court shall employ a treatment court administrator, subject to appropriations or other funds available. If other funds available are used, the source shall reimburse the state for the costs of the salary and benefits of the administrator.
This provision is identical to a provision in HCS/SB 945 (2026), in HCS/SB 1067 (2026), and in HCS/HB 3289 (2026) and is similar to HB 3468 (2026).
25TH JUDICIAL CIRCUIT (MARIES, PHELPS, PULASKI & TEXAS) - CIRCUIT JUDGES (SECTION 478.700)
This act codifies three circuit judges, including the circuit judge approved in the FY2026 appropriation and appointed by the Governor in 2026, in the 25th Judicial Circuit, consisting of the counties of Maries, Phelps, Pulaski & Texas. The circuit judge appointed in 2026 shall serve until January 1, 2029, and then the position shall be filled by an election of a four year term in 2028 and then a full six year term in 2032 and thereafter.
This provision is identical to a provision in HCS/SB 945 (2026), in HCS/SB 1067 (2026), in HCS/HBs 2968, 2427 & 3086 (2026), and HB 3229 (2026).
ST. LOUIS CITY CIVIL CASE FILING FEE (SECTION 488.426)
Currently, any circuit court may collect a civil case filing surcharge of an amount not to exceed $15 for the maintenance of a law library, the county's or circuit's family services and justice fund, or courtroom renovation and technology enhancement. If the circuit court reimburses the state for salaries of family court commissioners or is the circuit court in Jackson County, the surcharge may be up to $20. This act provides that the circuit court in the City of St. Louis may charge a filing surcharge up to $20.
This provision is identical to a provision in HCS/SB 945 (2026), in the perfected SS#2/SCS/SB 1023 (2026), in HCS/SB 1067 (2026), in SCS/SB 1468 (2026), in SCS/HB 3000 (2026), SB 18 (2025), in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), in SCS/HCS/HB 615 (2025), SB 800 (2025), in HB 1512 (2024), and in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), and is substantially similar to a provision in SCS/SB 897 (2024), SB 1023 (2024), CCS/HCS/SS/SCS/SB 72 (2023), SB 252 (2023), HB 787 (2023), in HCS/HB 986 (2023), in the perfected HCS/HBs 994, 52 & 984 (2023), SB 1209 (2022), HB 1963 (2022), HB 143 (2021), HB 1554 (2020), HB 1224 (2019), in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).
ATTACHMENT, EXECUTION, AND GARNISHMENTS (SECTIONS 513.380 TO 525.235)
This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any of the accounts belonging to the judgment debtor and attachment dates between the accounts may be different depending on the look-back analysis.
If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and the garnishee shall provide a copy of the order of garnishment to each account holder within two business days. Within 30 days of the date of the attachment of the garnishment, each account holder may file an objection or request of exemption of all or a portion of the account with the issuing court and serve their objection or request on the garnishor and the garnishee. If such objection or request is not resolved within 30 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.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
A garnishee acting in good faith compliance with a facially valid order of garnishment shall not be liable to any debtor, creditor, or other person for withholding, restraining, or releasing funds in reasonable reliance upon the terms of the writ or order. A garnishee shall not be required to adjudicate competing claims to property or funds, determine the legal validity of the judgment, or investigate facts outside the information contained in the writ or the garnishee's business records. A garnishee shall be liable for damages arising from a garnishment only if the garnishee fails to follow the clear and express terms of the writ or order, such failure constitutes gross negligence or willful misconduct, and actual damages are proven. A garnishee shall not be liable if correction is made within five business days after receiving written notice identifying the alleged error and the garnishee promptly releases any improperly restrained funds. However, temporarily restraining funds pending review of a claimed exemption shall not create liability if the garnishee, garnishor, and judgment debtor or other persons act as required by law.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
These provisions are identical to the truly agreed to and finally passed SS/HCS/HB 1870 (2026) and are similar to HB 275 (2025) and HB 1657 (2024).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.529 AND THE REPEAL OF SECTION 537.528)
This act establishes the "Uniform Public Expression Protection Act". Currently, any action against a person for conduct or speech undertaken or made in connection with a public hearing or meeting in a quasi-judicial proceeding before a tribunal or decision-making body of the state or a political subdivision thereof is subject to a special motion to dismiss, a motion for judgment on the pleadings, or motion for summary judgment and any such motion shall be considered by the court on a priority or expedited basis. This act repeals this provision and creates procedures for dismissal of causes of action asserted in a civil action based on a person's:
(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 United States Constitution or the Missouri Constitution, on a matter of public concern.
However, this act shall not apply to a cause of action asserted:
(1) Against a governmental unit, as described in the act, or an employee or agent of a governmental unit acting 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 sale or lease of such goods or services.
No later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action covered by this act, or at a later time upon a showing of good cause, a party may file a special motion to dismiss. The court shall hear and rule on such motion no later than 60 days after the filing of the motion, unless the court orders a later hearing to allow for limited discovery or upon good cause. However, this act provides that the court shall hear and rule on the motion for dismissal no later than 60 days after the order allowing for discovery.
This act provides that all other proceedings between the moving party and the responding party in the action, including discovery and any pending hearings or motions, shall be stayed upon the filing of the special motion to dismiss. Additionally, this act provides that the court may stay, upon motion by the moving party, a hearing or motion involving another party or discovery by another party if a ruling on such hearing or motion or discovery relates to a legal or factual issue.
Any stay pursuant to this act shall remain in effect until the entry of an order ruling on the special motion to dismiss and the expiration of the time to appeal the order. A moving party may appeal an order denying the special motion to dismiss in whole or in part within 21 days of such order. If a party appeals an order ruling on a special motion to dismiss, this act provides that all proceedings between all parties shall be stayed until the conclusion of the appeal.
The court may allow discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the requirements of this act and such information is not reasonably available without discovery. Additionally, a motion for costs and expenses, voluntary dismissal, or a motion to sever shall not be stayed. During a stay, the court upon good cause may hear and rule on any motions unrelated to the special motion to dismiss and any motions seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
In ruling on a special motion to dismiss, this act provides that the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in a ruling on a motion for summary judgment. The court shall dismiss the cause of action with prejudice if:
(1) The moving party has established that the cause of action is covered by this act;
(2) The responding party has failed to establish that this act does not apply to the cause of action; and
(3) Either the responding party failed to establish a prima facie case as to each essential element of the cause of action, or the moving party has established that the responding party failed to state a cause of action upon which relief can be granted or that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law.
A voluntary dismissal without prejudice of a cause of action that is subject to a special motion to dismiss pursuant to this act shall not affect the moving party's right to obtain a ruling on the motion and seek costs, reasonable attorneys' fees, and reasonable litigation expenses. Additionally, if the moving party prevails on the motion, this act provides that such costs, fees, and expenses shall be awarded to the moving party. A voluntary dismissal with prejudice of a cause of action that is subject to a special motion to dismiss establishes that the moving party prevailed on the motion. The responding party shall be entitled to such costs, fees, and expenses if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with the intent to delay the proceeding.
Finally, this act applies to causes of action filed or asserted on or after August 28, 2026.
These provisions are identical to the truly agreed to and finally passed SB 1067 (2026), provisions in SCS/SB 1468 (2026), SB 503 (2025), in SCS/HCS/HB 615 (2025), in SCS/HCS/HB 1259 (2025), and SB 1293 (2024) and are substantially similar to HB 2666 (2026), provisions in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), HB 1092 (2025), in SCS/SB 897 (2024), HB 1785 (2024), in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), SB 432 (2023), HB 750 (2023), SB 1219 (2022), in HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021).
KATIE O'BRIEN
Conference Committee Substitute
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CCS/HCS/SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to court procedures.
INSURER'S LEGAL TITLE TO CLAIM PAID AND ASSIGNMENT OF POST-LOSS INSURANCE BENEFIT (SECTION 379.135)
Upon payment by an insurer of all or any part of a claimant's property damage claim, legal title to the portion of the claim paid shall vest in the insurer to the extent of such payment. No assignment or other action by the claimant shall be required for the insurer to enforce its legal title. The claimant shall retain legal title only to that portion of the property damage claim not paid by the insurer.
This act prohibits assignment of post-loss benefits under any policy of insurance covering property, including, but not limited to, any right of action against the insurer or any proceeds acquired from the insurer. A person shall not solicit or accept an assignment, in whole or in part, of any post-loss insurance benefit for property damage under a contract of insurance. Any agreement to assign post-loss benefits is null and void. The provisions of this act shall not apply to an assignment, transfer, pledge, or conveyance granted to a financial institution, mortgagee, lienholder, or a subsequent purchaser of the property. A violation of this act shall be considered a level two insurance violation.
This provision is substantially similar to a provision in HCS/HB 3328 (2026) and is similar to a provision in SCS/SB 1543 (2026) and in the truly agreed to and finally passed SS/HB 2636 (2026).
STATEWIDE COURT AUTOMATION (SECTION 476.055)
This act modifies provisions of law related to the Statewide Court Automation Committee ("Committee").
Specifically, this act provides that the Chief Justice of the Supreme Court of Missouri, the Executive Director of the Missouri Office of Prosecution Services, and the Director of the Missouri State Public Defender System shall now serve as ex-officio members. For the House and Senate members on the Committee, one shall be a member of the majority party and one shall be a member of the minority party. Furthermore, the appointed members of the Committee shall serve for terms of two years or until their successors are appointed. Members of the Committee may also be reimbursed from the Statewide Court Automation Fund for actual expenses related to the duties of the Committee.
Furthermore, this act provides that the Committee shall maintain, rather than implement, a statewide court automation system.
This act also describes "confidential judicial record" for purposes of the offenses related to releasing information from a confidential judicial record as those provided by Missouri Supreme Court Rules.
Currently, the Committee is required to file a report on the progress of the statewide court automation system with the chairs of certain House and Senate Committees on the February 1st, May 1st, August 1st, and November 1st of each year. Instead, this act provides that the report shall be filed electronically on January 15th of each year.
Lastly, this act removes the expiration of the Committee upon completion of its duties.
These provisions are identical to provisions in HCS/SB 945 (2026), in HCS/SB 1067 (2026), and in HCS/HB 3289 (2026).
TREATMENT COURTS (SECTION 478.003)
This act provides that in each treatment court division without a treatment court administrator or a treatment court commissioner, the court shall employ a treatment court administrator, subject to appropriations or other funds available. If other funds available are used, the source shall reimburse the state for the costs of the salary and benefits of the administrator.
This provision is identical to a provision in HCS/SB 945 (2026), in HCS/SB 1067 (2026), and in HCS/HB 3289 (2026) and is similar to HB 3468 (2026).
25TH JUDICIAL CIRCUIT (MARIES, PHELPS, PULASKI & TEXAS) - CIRCUIT JUDGES (SECTION 478.700)
This act codifies three circuit judges, including the circuit judge approved in the FY2026 appropriation and appointed by the Governor in 2026, in the 25th Judicial Circuit, consisting of the counties of Maries, Phelps, Pulaski & Texas. The circuit judge appointed in 2026 shall serve until January 1, 2029, and then the position shall be filled by an election of a four year term in 2028 and then a full six year term in 2032 and thereafter.
This provision is identical to a provision in HCS/SB 945 (2026), in HCS/SB 1067 (2026), in HCS/HBs 2968, 2427 & 3086 (2026), and HB 3229 (2026).
ST. LOUIS CITY CIVIL CASE FILING FEE (SECTION 488.426)
Currently, any circuit court may collect a civil case filing surcharge of an amount not to exceed $15 for the maintenance of a law library, the county's or circuit's family services and justice fund, or courtroom renovation and technology enhancement. If the circuit court reimburses the state for salaries of family court commissioners or is the circuit court in Jackson County, the surcharge may be up to $20. This act provides that the circuit court in the City of St. Louis may charge a filing surcharge up to $20.
This provision is identical to a provision in HCS/SB 945 (2026), in the perfected SS#2/SCS/SB 1023 (2026), in HCS/SB 1067 (2026), in SCS/SB 1468 (2026), in SCS/HB 3000 (2026), SB 18 (2025), in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), in SCS/HCS/HB 615 (2025), SB 800 (2025), in HB 1512 (2024), and in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), and is substantially similar to a provision in SCS/SB 897 (2024), SB 1023 (2024), CCS/HCS/SS/SCS/SB 72 (2023), SB 252 (2023), HB 787 (2023), in HCS/HB 986 (2023), in the perfected HCS/HBs 994, 52 & 984 (2023), SB 1209 (2022), HB 1963 (2022), HB 143 (2021), HB 1554 (2020), HB 1224 (2019), in the perfected HCS/HB 1083 (2019), HB 1891 (2018), SB 288 (2017), HB 391 (2017), and SB 812 (2016).
ATTACHMENT, EXECUTION, AND GARNISHMENTS (SECTIONS 513.380 TO 525.235)
This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any of the accounts belonging to the judgment debtor and attachment dates between the accounts may be different depending on the look-back analysis.
If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and the garnishee shall provide a copy of the order of garnishment to each account holder within two business days. Within 30 days of the date of the attachment of the garnishment, each account holder may file an objection or request of exemption of all or a portion of the account with the issuing court and serve their objection or request on the garnishor and the garnishee. If such objection or request is not resolved within 30 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.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
A garnishee acting in good faith compliance with a facially valid order of garnishment shall not be liable to any debtor, creditor, or other person for withholding, restraining, or releasing funds in reasonable reliance upon the terms of the writ or order. A garnishee shall not be required to adjudicate competing claims to property or funds, determine the legal validity of the judgment, or investigate facts outside the information contained in the writ or the garnishee's business records. A garnishee shall be liable for damages arising from a garnishment only if the garnishee fails to follow the clear and express terms of the writ or order, such failure constitutes gross negligence or willful misconduct, and actual damages are proven. A garnishee shall not be liable if correction is made within five business days after receiving written notice identifying the alleged error and the garnishee promptly releases any improperly restrained funds. However, temporarily restraining funds pending review of a claimed exemption shall not create liability if the garnishee, garnishor, and judgment debtor or other persons act as required by law.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
These provisions are identical to the truly agreed to and finally passed SS/HCS/HB 1870 (2026) and are similar to HB 275 (2025) and HB 1657 (2024).
UNIFORM PUBLIC EXPRESSION PROTECTION ACT (SECTION 537.529 AND THE REPEAL OF SECTION 537.528)
This act establishes the "Uniform Public Expression Protection Act". Currently, any action against a person for conduct or speech undertaken or made in connection with a public hearing or meeting in a quasi-judicial proceeding before a tribunal or decision-making body of the state or a political subdivision thereof is subject to a special motion to dismiss, a motion for judgment on the pleadings, or motion for summary judgment and any such motion shall be considered by the court on a priority or expedited basis. This act repeals this provision and creates procedures for dismissal of causes of action asserted in a civil action based on a person's:
(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 United States Constitution or the Missouri Constitution, on a matter of public concern.
However, this act shall not apply to a cause of action asserted:
(1) Against a governmental unit, as described in the act, or an employee or agent of a governmental unit acting 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 sale or lease of such goods or services.
No later than 60 days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action covered by this act, or at a later time upon a showing of good cause, a party may file a special motion to dismiss. The court shall hear and rule on such motion no later than 60 days after the filing of the motion, unless the court orders a later hearing to allow for limited discovery or upon good cause. However, this act provides that the court shall hear and rule on the motion for dismissal no later than 60 days after the order allowing for discovery.
This act provides that all other proceedings between the moving party and the responding party in the action, including discovery and any pending hearings or motions, shall be stayed upon the filing of the special motion to dismiss. Additionally, this act provides that the court may stay, upon motion by the moving party, a hearing or motion involving another party or discovery by another party if a ruling on such hearing or motion or discovery relates to a legal or factual issue.
Any stay pursuant to this act shall remain in effect until the entry of an order ruling on the special motion to dismiss and the expiration of the time to appeal the order. A moving party may appeal an order denying the special motion to dismiss in whole or in part within 21 days of such order. If a party appeals an order ruling on a special motion to dismiss, this act provides that all proceedings between all parties shall be stayed until the conclusion of the appeal.
The court may allow discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy the requirements of this act and such information is not reasonably available without discovery. Additionally, a motion for costs and expenses, voluntary dismissal, or a motion to sever shall not be stayed. During a stay, the court upon good cause may hear and rule on any motions unrelated to the special motion to dismiss and any motions seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
In ruling on a special motion to dismiss, this act provides that the court shall consider the parties' pleadings, the motion, any replies and responses to the motion, and any evidence that could be considered in a ruling on a motion for summary judgment. The court shall dismiss the cause of action with prejudice if:
(1) The moving party has established that the cause of action is covered by this act;
(2) The responding party has failed to establish that this act does not apply to the cause of action; and
(3) Either the responding party failed to establish a prima facie case as to each essential element of the cause of action, or the moving party has established that the responding party failed to state a cause of action upon which relief can be granted or that there is no genuine issue as to any material fact and that the party is entitled to judgment as a matter of law.
A voluntary dismissal without prejudice of a cause of action that is subject to a special motion to dismiss pursuant to this act shall not affect the moving party's right to obtain a ruling on the motion and seek costs, reasonable attorneys' fees, and reasonable litigation expenses. Additionally, if the moving party prevails on the motion, this act provides that such costs, fees, and expenses shall be awarded to the moving party. A voluntary dismissal with prejudice of a cause of action that is subject to a special motion to dismiss establishes that the moving party prevailed on the motion. The responding party shall be entitled to such costs, fees, and expenses if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with the intent to delay the proceeding.
Finally, this act applies to causes of action filed or asserted on or after August 28, 2026.
These provisions are identical to the truly agreed to and finally passed SB 1067 (2026), provisions in SCS/SB 1468 (2026), SB 503 (2025), in SCS/HCS/HB 615 (2025), in SCS/HCS/HB 1259 (2025), and SB 1293 (2024) and are substantially similar to HB 2666 (2026), provisions in HCS/HB 83 (2025), in SCS/HCS/HB 176 (2025), in SB 352 (2025), HB 1092 (2025), in SCS/SB 897 (2024), HB 1785 (2024), in SCS/HCS/HB 2064 & HCS#2/HB 1886 (2024), in CCS/HCS/SS/SCS/SB 72 (2023), SB 432 (2023), HB 750 (2023), SB 1219 (2022), in HCS/SS#2/SCS/SB 968 (2022), HB 2624 (2022), and HB 1151 (2021).
KATIE O'BRIEN
House Amendment
Print
HCS/SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any of the accounts belonging to the judgment debtor and attachment dates between the accounts may be different depending on the look back analysis.
If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and the garnishee shall provide a copy of the order of garnishment to each account holder within two business days. Within 30 days of the date of the attachment of the garnishment, each account holder may file an objection or request of exemption of all or a portion of the account with the issuing court and serve their objection or request on the garnishor and the garnishee. If such objection or request is not resolved within 30 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.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
A garnishee acting in good faith compliance with a facially valid order of garnishment shall not be liable to any debtor, creditor, or other person for withholding, restraining, or releasing funds in reasonable reliance upon the terms of the writ or order. A garnishee shall not be required to adjudicate competing claims to property or funds, determine the legal validity of the judgment, or investigate facts outside the information contained in the writ or the garnishee's business records. A garnishee shall be liable for damages arising from a garnishment only if the garnishee fails to follow the clear and express terms of the writ or order, such failure constitutes gross negligence or willful misconduct, and actual damages are proven. A garnishee shall not be liable if correction is made within five business days after receiving written notice identifying the alleged error and the garnishee promptly releases any improperly restrained funds. However, temporarily restraining funds pending review of a claimed exemption shall not create liability if the garnishee, garnishor, and judgment debtor or other persons act as required by law.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
This act is identical to the truly agreed to and finally passed SS/HCS/HB 1870 (2026) and is similar to HB 275 (2025) and HB 1657 (2024).
KATIE O'BRIEN
HA#1: CHANGES THE TITLE FROM "GARNISHMENTS" TO "CIVIL JURISPRUDENCE"
HA#2, AS AMENDED: INSERTS THE FOLLOWING PROVISIONS RELATING TO:
• CHANGES IN REPRESENTATION OF CLAIMANTS IN WORKERS' COMPENSATION CLAIMS (SECTIONS 287.200 AND 287.470);
• COURT DISSOLUTION OF LIMITED LIABILITY COMPANIES (SECTION 347.143);
• VESTING OF LEGAL TITLE OF PROPERTY DAMAGE CLAIMS PAID BY AN INSURER AND ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS FOR PROPERTY DAMAGE (SECTION 379.135);
• STATEWIDE COURT AUTOMATION (SECTIONS 476.055 AND 483.005);
• EMPLOYMENT OF TREATMENT COURT ADMINISTRATORS (SECTION 478.003);
• INCREASES IN THE NUMBER OF CIRCUIT AND ASSOCIATE CIRCUIT JUDGES IN THE CIRCUITS OF THE 7TH (CLAY), 23RD (JEFFERSON), 11TH (ST. CHARLES), 20TH (FRANKLIN), 25TH (MARIES, PHELPS, PULASKI & TEXAS), AND 26TH (MILLER) (SECTIONS 478.385, 478.550, 478.600, 478.630, 478.700, AND 478.705);
• CONFIDENTIAL INFORMATION AND CONFIDENTIAL RECORDS AS IT RELATES TO COURT RECORDS (SECTIONS 483.005 AND 483.082);
• INCREASES TO THE COURT AUTOMATION COURT FEE (SECTIONS 488.012 AND 488.027);
• INCREASES TO THE ST. LOUIS CITY CIVIL CASE FILING FEE USED FOR THE LAW LIBRARY AND OTHER PURPOSES (SECTION 488.426);
• EXCLUSION OF PERSONAL INFORMATION IN COURT DOCUMENTS (SECTION 509.520);
• THE ESTABLISHMENT OF THE UNIFORM PUBLIC EXPRESSION PROTECTION ACT FOR ACTIONS FOR CONDUCT OR SPEECH UNDERTAKEN IN PUBLIC MEETINGS (SECTION 537.529 AND THE REPEAL OF SECTION 537.528); AND
• THE ESTABLISHMENT OF THE MISSOURI EXPUNGEMENT FUND FOR PURPOSES RELATED TO EXPUNGEMENT AND THE CLOSING OF RECORDS (SECTION 610.144).
House Committee Substitute
Print
HCS/SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any of the accounts belonging to the judgment debtor and attachment dates between the accounts may be different depending on the look-back analysis.
If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and the garnishee shall provide a copy of the order of garnishment to each account holder within two business days. Within 30 days of the date of the attachment of the garnishment, each account holder may file an objection or request of exemption of all or a portion of the account with the issuing court and serve their objection or request on the garnishor and the garnishee. If such objection or request is not resolved within 30 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.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
A garnishee acting in good faith compliance with a facially valid order of garnishment shall not be liable to any debtor, creditor, or other person for withholding, restraining, or releasing funds in reasonable reliance upon the terms of the writ or order. A garnishee shall not be required to adjudicate competing claims to property or funds, determine the legal validity of the judgment, or investigate facts outside the information contained in the writ or the garnishee's business records. A garnishee shall be liable for damages arising from a garnishment only if the garnishee fails to follow the clear and express terms of the writ or order, such failure constitutes gross negligence or willful misconduct, and actual damages are proven. A garnishee shall not be liable if correction is made within five business days after receiving written notice identifying the alleged error and the garnishee promptly releases any improperly restrained funds. However, temporarily restraining funds pending review of a claimed exemption shall not create liability if the garnishee, garnishor, and judgment debtor or other persons act as required by law.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
This act is identical to the truly agreed to and finally passed SS/HCS/HB 1870 (2026) and is similar to HB 275 (2025) and HB 1657 (2024).
KATIE O'BRIEN
Perfected
Print
SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any of the accounts identified in the order and attachment dates between the accounts may be different depending on the look-back analysis.
If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and the garnishee shall provide a copy of the order of garnishment to each account holder within 2 days. Within 30 days of the date of the attachment of the garnishment, each account holder may file an objection or request of exemption of all or a portion of the account with the issuing court and serve their objection or request on the garnishor and the garnishee. If such objection or request is not resolved within 30 days, the garnishee may pay the garnished funds to the circuit court to be held for pending resolution. Furthermore, the garnishee shall not be liable to the joint owners if the funds are later proven to be not of the judgment debtors.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
This act is similar to the truly agreed and finally passed SS/HCS/HB 1870 (2026), HB 275 (2025), and HB 1657 (2024).
KATIE O'BRIEN
Senate Substitute
Print
SS/SCS/SBs 835 & 1111 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any one or more accounts and attachment dates between the accounts may be different depending on the look-back analysis. If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and neither the garnishor nor the financial institution shall be liable to the joint owners if the funds are later proven to be not of the judgment debtors.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
This act is similar to the truly agreed to and finally passed SS/HCS/HB 1870 (2026), HB 275 (2025), and HB 1657 (2024).
KATIE O'BRIEN
Senate Committee Substitute
Print
SCS/SBs 835 & 1111 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $40,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Revisor of Statutes every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any one or more accounts and attachment dates between the accounts may be different depending on the look-back analysis. If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and neither the garnishor nor the financial institution shall be liable to the joint owners if the funds are later proven to be not of the judgment debtors.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate, respond to, or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The provisions relating to orders of garnishment of account funds held by financial institutions shall be implemented and administered in accordance with rules of the Supreme Court of Missouri.
The provisions of this act relating to orders of garnishment for funds held by financial institutions shall be effective on January 1, 2028, while the provisions of this act relating to the attachment and execution are effective January 1, 2027.
This act is similar to the truly agreed to and finally passed SS/HCS/HB 1870 (2026), HB 275 (2025), and HB 1657 (2024).
KATIE O'BRIEN
Introduced
Print
SB 835 - This act modifies provisions relating to attachment, execution, and garnishments.
Under current law, whenever an execution against the property of any judgment debtor shall be returned unsatisfied, within five years of the return, the judgment creditor may be entitled to an order by the court rendering such judgment, requiring the judgment debtor to undergo an examination on the ability and means to satisfy the judgment, and in the case of neglect or refusal, issuing a writ of attachment and punishing the judgment debtor for contempt. This act instead provides a judgment creditor shall, upon motion made at any time before the judgment is satisfied of record and presumed paid, be entitled to such orders.
Additionally, under current law, a judgment debtor may be granted immunity from prosecution by any prosecuting or circuit attorney for statements made at a judgment debtor's examination. This act instead provides that a judgment debtor shall enjoy full use and derivative immunity and that no testimony in an examination may be used against a witness, except in cases of perjury or for giving false statements.
This act changes the maximum value, adjusted annually for inflation, of certain items that are exempt from attachment and execution, including household items, wedding rings and other jewelry, motor vehicles, and mobile homes. This act also modifies the homestead exemption from $15,000 to the aggregate value of $30,000.
This act provides that the maximum value for the property that is exempted from attachment and execution and the amount of a homestead exemption shall be adjusted by the Supreme Court of Missouri every three years beginning April 1, 2029.
This act outlines orders of garnishment issued for the purpose of attaching to account funds held by a financial institution, as such term is defined in the act. Such orders shall attach on the date of service, provided that the effective date of service is a banking day and made prior to the business cutoff time, in which case it shall attach the next business day. If an account receives electronic deposits for exempted funds, the attachment date shall be the date and banking day that the financial institution applies for the look-back analysis. Additionally, where there are two or more accounts, the amount may be withheld from any one or more accounts and attachment dates between the accounts may be different depending on the look-back analysis. If the account is held in joint tenancy with an individual not subject to the order of garnishment, the entire amount shall be withheld and neither the garnishor nor the financial institution shall be liable to the joint owners if the funds are later proven to be not of the judgment debtors.
The return date for orders of garnishment shall not be less than 30 days from the effective date of service. This act also provides certain information to be included in orders of garnishment for funds held by financial institutions.
No party shall seek a garnishment of account funds held by a financial institution unless there is a good-faith belief that the party to be served with the garnishment has, or will have, account assets of the judgment debtor. No more than one garnishment for the same claim and against the same judgment debtor shall be issued within any 30-day period, unless exempted by court order as detailed in the act.
Furthermore, a financial institution does not have a duty to investigate, respond to, or assert the defenses of a judgment debtor. A financial institution served with an order of garnishment and interrogatories shall answer within 20 days and shall release funds to the judgment debtor 60 days after an answer is submitted or sooner if required under an order to pay or paid into the court. A financial institution is not required to respond to interrogatories not related to account funds.
This act does not apply to wage garnishments or garnishments of property other than account funds. Garnishees are also not required to search for, hold, or return wages or other property.
The Supreme Court of Missouri shall adopt rules to implement the provisions relating to orders of garnishment of account funds held by financial institutions before January 1, 2027.
The provisions of this act are effective January 1, 2027.
This act is similar to the truly agreed to and finally passed SS/HCS/HB 1870 (2026), HB 275 (2025), and HB 1657 (2024).
KATIE O'BRIEN
Current Bill Text
Read the full stored bill text
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
[TRULY AGREED TO AND FINALLY PASSED]
CONFERENCE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILLS NOS. 835 & 1111
103RD GENERAL ASSEMBLY
2026
5285S.11T
AN ACT
To repeal sections 476.055, 478.003, 478.700, 488.426, 513.380, 513.430, 513.475, and 537.528,
RSMo, and to enact in lieu thereof eleven new sections relating to court procedures,
with penalty provisions and an effective date for certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 476.055, 478.003, 478.700, 488.426, 1
513.380, 513.430, 513.475, and 537.528, RSMo, are repealed and 2
eleven new sections enacted in lieu thereof, to be known as 3
sections 379.135, 476.055, 478.003, 478.700, 488.426, 513.380, 4
513.423, 513.430, 513.475, 525.235, and 537.529, to read as 5
follows:6
379.135. 1. Upon payment by an insurer of all or any 1
part of a claimant's property damage claim, legal title to 2
the portion of the claim paid shall vest in the insurer to 3
the extent of such payment. No assignment or other action 4
by the claimant shall be required for the insurer to enforce 5
its legal title. The claimant shall retain legal title only 6
to that portion of the property damage claim not paid by the 7
insurer. 8
2
CCS HCS SS SCS SBs 835 & 1111
2. As used in this section, "assignment agreement" 9
means any instrument by which post-loss benefits under any 10
policy of insurance covering property, including, but not 11
limited to, any right of action against the insurer or any 12
proceeds acquired from the insurer are assigned, 13
transferred, or acquired in any other manner, in whole or in 14
part, to or from a person providing services, including, but 15
not limited to, communicating with an insurer or on an 16
insured's behalf or inspecting, estimating, protecting, 17
repairing, restoring, or replacing the property or 18
mitigating against further damage to the property. 19
3. (1) A person shall not solicit or accept an 20
assignment, in whole or in part, of any post-loss insurance 21
benefit for property damage under a contract of insurance. 22
An assignment agreement is against public policy and is null 23
and void, and any contract entered into in violation of this 24
section shall be void and unenforceable; and 25
(2) The provisions of this subsection shall not apply 26
to an assignment, transfer, pledge, or conveyance granted to 27
a financial institution, mortgagee, lienholder, or a 28
subsequent purchaser of the property; and 29
(3) The provisions of this subsection shall not apply 30
to any covenant not to execute or contract to limit recovery 31
under section 537.065. 32
4. A violation of subsection 3 of this section shall 33
be considered a level two violation under section 374.049. 34
5. Nothing in this section shall be construed to 35
prohibit an insured from authorizing or directing payment 36
to, or paying, a person for services, materials, or any 37
other thing which may be, or is, covered under an insurance 38
policy. Insurers shall issue payment directly to a person 39
for services, materials, and other items that are covered 40
3
CCS HCS SS SCS SBs 835 & 1111
under an insurance policy, when the insured agrees that any 41
person providing such services should be paid directly, 42
subject to applicable liens. 43
476.055. 1. There is hereby established in the state 1
treasury the "Statewide Court Automation Fund". All moneys 2
collected pursuant to section 488.027, as well as gifts, 3
contributions, devises, bequests, and grants received 4
relating to statewide court automation [of judicial record 5
keeping], and moneys received by the [judicial system] 6
judiciary for the dissemination of information [and], sales 7
of publications, or other provision of electronic services 8
developed relating to statewide court automation [of 9
judicial record keeping], as authorized by the court 10
automation committee, shall be credited to the fund. Moneys 11
credited to this fund may only be used for the purposes set 12
forth in this section and as appropriated by the general 13
assembly. Any unexpended balance remaining in the statewide 14
court automation fund at the end of each biennium shall not 15
be subject to the provisions of section 33.080 requiring the 16
transfer of such unexpended balance to general revenue. 17
2. The statewide court automation fund shall be 18
administered by a court automation committee consisting of 19
the following[: the chief justice of the supreme court,] 20
members: 21
(1) A judge from the court of appeals, four circuit 22
judges, four associate circuit judges, four employees of 23
[the circuit court,] circuit courts, and two employees who 24
work full time in a municipal division of a circuit court, 25
[the commissioner of administration,] each of whom shall be 26
appointed by the chief justice of the Missouri supreme court; 27
(2) Two members of the Missouri Bar, appointed by the 28
board of governors of the Missouri Bar; 29
4
CCS HCS SS SCS SBs 835 & 1111
(3) Two members of the house of representatives 30
appointed by the speaker of the house, with one member being 31
from the majority party and one member being from the 32
minority party; 33
(4) Two members of the senate appointed by the 34
president pro [tem] tempore of the senate, with one member 35
being from the majority party and one member being from the 36
minority party; and 37
(5) Four additional ex officio members as follows: 38
(a) The chief justice of the Missouri supreme court, 39
or the chief justice's designee; 40
(b) The commissioner of administration, or the 41
commissioner's designee; 42
(c) The executive director of the Missouri [Office of 43
Prosecution Services,] office of prosecution services, or 44
the executive director's designee; and 45
(d) The director of the state public defender system, 46
[and two members of the Missouri Bar. The judge members and 47
employee members shall be appointed by the chief justice. 48
The commissioner of administration shall serve ex officio. 49
The members of the Missouri Bar shall be appointed by the 50
board of governors of the Missouri Bar. Any member of the 51
committee may designate another person to serve on the 52
committee in place of the committee member] or the 53
director's designee. 54
The appointed members of the committee shall serve for terms 55
of two years and until their successors are appointed and 56
qualified. The members of the committee shall be reimbursed 57
from the statewide court automation fund for their actual 58
expenses in performing their official duties on the 59
committee. 60
5
CCS HCS SS SCS SBs 835 & 1111
3. The committee shall develop and [implement a plan 61
for] maintain a statewide court automation system. The 62
committee shall have the authority to hire consultants, 63
review systems in other jurisdictions, and purchase goods 64
and services to administer the provisions of this section. 65
The committee may implement [one or more] pilot projects in 66
the state [for the purposes of determining the feasibility 67
of developing and implementing such plan. The members of 68
the committee shall be reimbursed from the court automation 69
fund for their actual expenses in performing their official 70
duties on the committee] at any time. 71
4. Any purchase of computer software or computer 72
hardware that exceeds five thousand dollars shall be made 73
pursuant to the requirements of the office of administration 74
for lowest and best bid. Such bids shall be subject to 75
acceptance by the office of administration. The court 76
automation committee shall determine the specifications for 77
such bids. 78
5. The court automation committee shall not require 79
any circuit court to change any operating system in such 80
court, unless the committee provides all [necessary] 81
personnel, funds, and equipment necessary to effectuate the 82
required changes. No judicial circuit or county may be 83
reimbursed for any costs incurred pursuant to this 84
subsection unless such judicial circuit or county has the 85
approval of the court automation committee prior to 86
incurring the specific cost. 87
6. [Any] The court automation system, including any 88
pilot project, shall be [implemented,] operated and 89
maintained in accordance with strict standards for the 90
security and privacy of confidential judicial records, as 91
provided by supreme court rule. Any person who knowingly 92
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CCS HCS SS SCS SBs 835 & 1111
releases information from a confidential judicial record is 93
guilty of a class B misdemeanor. Any person who, knowing 94
that a judicial record is confidential, uses information 95
from such confidential judicial record for financial gain is 96
guilty of a class E felony. 97
7. [On the first day of February, May, August and 98
November] No later than the fifteenth of January of each 99
year, the court automation committee shall electronically 100
file a report on the progress of the statewide court 101
automation system with the chairs of the following 102
committees: 103
(1) The [chair of the] house budget committee, or its 104
successor committee; 105
(2) The [chair of the] senate appropriations 106
committee, or its successor committee; 107
(3) The [chair of the] house judiciary committee, or 108
its successor committee; and 109
(4) The [chair of the] senate judiciary committee, or 110
its successor committee. 111
[8. The court automation committee established 112
pursuant to this section may continue to function until 113
completion of its duties prescribed by this section.] 114
478.003. 1. In any judicial circuit of this state, a 1
majority of the judges of the circuit court may designate a 2
judge to hear cases arising in the circuit subject to the 3
provisions of sections 478.001 to 478.009. In lieu thereof 4
and subject to appropriations or other funds available for 5
such purpose, a majority of the judges of the circuit court 6
may appoint a person or persons to act as treatment court 7
commissioners. Each commissioner shall be appointed for a 8
term of four years, but may be removed at any time by a 9
majority of the judges of the circuit court. The 10
7
CCS HCS SS SCS SBs 835 & 1111
qualifications, compensation, and retirement benefits of the 11
commissioner shall be the same as that of an associate 12
circuit judge. If the compensation of a commissioner 13
appointed pursuant to this section is provided from other 14
than state funds, the source of such fund shall pay to and 15
reimburse the state for the actual costs of the salary and 16
benefits of the commissioner. The commissioner shall have 17
all the powers and duties of a circuit judge, except that 18
any order, judgment or decree of the commissioner shall be 19
confirmed or rejected by an associate circuit or circuit 20
judge by order of record entered within the time the judge 21
could set aside such order, judgment or decree had the same 22
been made by the judge. If so confirmed, the order, 23
judgment or decree shall have the same effect as if made by 24
the judge on the date of its confirmation. 25
2. The Missouri supreme court may assign a treatment 26
court commissioner to serve in the treatment court division 27
of a circuit other than the circuit in which the 28
commissioner is appointed. The transfer shall only be 29
ordered with the consent and approval of the presiding judge 30
of the circuit to which the commissioner is to be assigned. 31
3. A treatment court commissioner may serve as a 32
commissioner in any treatment court as designated by the 33
treatment court coordinating commission, subject to local 34
court rules. 35
4. In each circuit having a treatment court division 36
that has neither a treatment court administrator nor a 37
treatment court commissioner, the court shall employ a 38
treatment court administrator, subject to appropriations or 39
other funds available for such purpose. If the compensation 40
of an administrator employed pursuant to this subsection is 41
provided from other than state funds, the source of such 42
8
CCS HCS SS SCS SBs 835 & 1111
funds shall pay to and reimburse the state for the actual 43
costs of the salary and benefits of the administrator. 44
478.700. 1. There shall be [two] three circuit judges 1
in the twenty-fifth judicial circuit [consisting of the 2
counties of Maries, Phelps, Pulaski and Texas]. These 3
judges shall sit in divisions numbered one [and], two, and 4
three. These judgeships shall include the circuit judgeship 5
created in fiscal year 2026 under section 478.330. 6
2. The circuit judge in division two shall be elected 7
in 1980. The circuit judge in division one shall be elected 8
in 1982. The circuit judge appointed by the governor in 9
2025 for division three shall serve until January 1, 2029. 10
A circuit judge for division three shall be elected in 2028 11
for a four-year term and in 2032 for a full six-year term 12
and every six years thereafter. 13
488.426. 1. The judges of the circuit court, en banc, 1
in any circuit in this state may require any party filing a 2
civil case in the circuit court, at the time of filing the 3
suit, to deposit with the clerk of the court a surcharge in 4
addition to all other deposits required by law or court 5
rule. Sections 488.426 to 488.432 shall not apply to 6
proceedings when costs are waived or are to be paid by the 7
county or state or any city. 8
2. The surcharge in effect on August 28, 2001, shall 9
remain in effect until changed by the circuit court. The 10
circuit court in any circuit, except the circuit court in 11
Jackson County, the circuit court in the city of St. Louis, 12
or the circuit court in any circuit that reimburses the 13
state for the salaries of family court commissioners under 14
and pursuant to section 487.020, may change the fee to any 15
amount not to exceed fifteen dollars. The circuit court in 16
Jackson County, the circuit court in the city of St. Louis, 17
9
CCS HCS SS SCS SBs 835 & 1111
or the circuit court in any circuit that reimburses the 18
state for the salaries of family court commissioners under 19
and pursuant to section 487.020 may change the fee to any 20
amount not to exceed twenty dollars. A change in the fee 21
shall become effective and remain in effect until further 22
changed. 23
3. Sections 488.426 to 488.432 shall not apply to 24
proceedings when costs are waived or are paid by the county 25
or state or any city. 26
[4. In addition to any fee authorized by subsection 1 27
of this section, any county of the first classification with 28
more than one hundred one thousand but fewer than one 29
hundred fifteen thousand inhabitants may impose an 30
additional fee of ten dollars excluding cases concerning 31
adoption and those in small claims court. The provisions of 32
this subsection shall expire on December 31, 2019.] 33
513.380. 1. [Whenever an execution against the 1
property of any judgment debtor, individual or corporate, 2
issued from any court in this state, shall be returned 3
unsatisfied, in whole or in part, by any sheriff or other 4
proper officer, the] A judgment creditor [in such execution, 5
his executor, administrator or assign, may,] shall upon 6
motion made at any time [within five years after such return 7
so made] before the judgment has been satisfied of record by 8
the judgment creditor and before the judgment being presumed 9
paid and satisfied under section 516.350, be entitled to an 10
order by the court rendering such judgment, requiring the 11
judgment debtor or, in the case of a corporate judgment 12
debtor, its chief officer to appear before such court at a 13
time and place in said order to be named, to undergo an 14
examination under oath touching his or her ability and means 15
to satisfy said judgment, and in case of neglect or refusal 16
10
CCS HCS SS SCS SBs 835 & 1111
on the part of such judgment debtor or, in the case of a 17
corporate debtor, its chief officer to obey such order, such 18
court is hereby authorized to issue a writ of attachment 19
against said debtor, as now provided by law, and to punish 20
him or, in the case of a corporate debtor, its chief officer 21
for contempt. 22
2. [Any prosecuting attorney or circuit attorney may 23
grant use immunity from prosecution to a judgment debtor for 24
any statement made at a judgment debtor's examination 25
conducted pursuant to subsection 1 of this section. Such 26
use immunity from prosecution shall protect such person from 27
prosecution for any offense related to the content of the 28
statements made] For any statement made at a judgment 29
debtor's examination and conducted pursuant to subsection 1 30
of this section, a judgment debtor shall enjoy full use 31
immunity and derivative use immunity from prosecution 32
coextensive with their constitutional privilege against self- 33
incrimination. No testimony or other information directly 34
or indirectly derived therefrom, compelled under subsection 35
1 of this section, may be used against the witness in any 36
criminal case, except a prosecution for perjury or giving a 37
false statement. 38
513.423. 1. On April 1, 2029, and on each three-year 1
interval ending on April first thereafter, each dollar 2
amount in effect under sections 513.430 and 513.475 shall be 3
adjusted: 4
(1) To reflect the change in the Consumer Price Index 5
for All Urban Consumers, published by the United States 6
Department of Labor, or its successor index, for the most 7
recent three-year period ending immediately before January 8
first preceding such April first; and 9
11
CCS HCS SS SCS SBs 835 & 1111
(2) To round to the nearest twenty-five dollars the 10
dollar amount that represents such change. 11
2. Not later than March 1, 2029, and at each three- 12
year interval ending on March first thereafter, the revisor 13
of statutes shall publish a schedule of adjusted dollar 14
amounts, which will become effective on such April first, 15
annually in an appendix to the revised statutes of 16
Missouri. The revisor of statutes shall place a revisor's 17
note following section 513.430 or 513.475 referencing the 18
appendix of the adjusted dollar amount. 19
3. Adjustments made in accordance with subsection 1 of 20
this section shall not apply with respect to cases commenced 21
before the date of such adjustments. 22
513.430. 1. The following property shall be exempt 1
from attachment and execution to the extent of any person's 2
interest therein: 3
(1) Household furnishings, household goods, wearing 4
apparel, appliances, books, animals, crops or musical 5
instruments that are held primarily for personal, family or 6
household use of such person or a dependent of such person, 7
not to exceed [three] fifteen thousand dollars in value in 8
the aggregate; 9
(2) A wedding ring not to exceed one thousand five 10
hundred dollars in value and other jewelry held primarily 11
for the personal, family or household use of such person or 12
a dependent of such person, not to exceed [five] one 13
thousand seven hundred dollars in value in the aggregate; 14
(3) Any other property of any kind, not to exceed in 15
value [six] one thousand seven hundred dollars in the 16
aggregate; 17
(4) Any implements or professional books or tools of 18
the trade of such person or the trade of a dependent of such 19
12
CCS HCS SS SCS SBs 835 & 1111
person not to exceed three thousand dollars in value in the 20
aggregate; 21
(5) Any motor vehicles, not to exceed [three] five 22
thousand dollars in value in the aggregate plus up to ten 23
thousand dollars of any unused amount of the exemption 24
provided under subdivision (1) of this subsection may be 25
allocated to a motor vehicle; 26
(6) Any mobile home used as the principal residence 27
but not attached to real property in which the debtor has a 28
fee interest, not to exceed [five] twelve thousand dollars 29
in value; 30
(7) Any one or more unmatured life insurance contracts 31
owned by such person, other than a credit life insurance 32
contract, and up to fifteen thousand dollars of any matured 33
life insurance proceeds for actual funeral, cremation, or 34
burial expenses where the deceased is the spouse, child, or 35
parent of the beneficiary; 36
(8) The amount of any accrued dividend or interest 37
under, or loan value of, any one or more unmatured life 38
insurance contracts owned by such person under which the 39
insured is such person or an individual of whom such person 40
is a dependent; provided, however, that if proceedings under 41
Title 11 of the United States Code are commenced by or 42
against such person, the amount exempt in such proceedings 43
shall not exceed in value one hundred fifty thousand dollars 44
in the aggregate less any amount of property of such person 45
transferred by the life insurance company or fraternal 46
benefit society to itself in good faith if such transfer is 47
to pay a premium or to carry out a nonforfeiture insurance 48
option and is required to be so transferred automatically 49
under a life insurance contract with such company or society 50
that was entered into before commencement of such 51
13
CCS HCS SS SCS SBs 835 & 1111
proceedings. No amount of any accrued dividend or interest 52
under, or loan value of, any such life insurance contracts 53
shall be exempt from any claim for child support. 54
Notwithstanding anything to the contrary, no such amount 55
shall be exempt in such proceedings under any such insurance 56
contract which was purchased by such person within one year 57
prior to the commencement of such proceedings; 58
(9) Professionally prescribed health aids for such 59
person or a dependent of such person; 60
(10) Such person's right to receive: 61
(a) A Social Security benefit, unemployment 62
compensation or a public assistance benefit; 63
(b) A veteran's benefit; 64
(c) A disability, illness or unemployment benefit; 65
(d) Alimony, support or separate maintenance, not to 66
exceed seven hundred fifty dollars a month; 67
(e) a. Any payment under a stock bonus plan, pension 68
plan, disability or death benefit plan, profit-sharing plan, 69
nonpublic retirement plan or any plan described, defined, or 70
established pursuant to section 456.014, the person's right 71
to a participant account in any deferred compensation 72
program offered by the state of Missouri or any of its 73
political subdivisions, or annuity or similar plan or 74
contract on account of illness, disability, death, age or 75
length of service, to the extent reasonably necessary for 76
the support of such person and any dependent of such person 77
unless: 78
(i) Such plan or contract was established by or under 79
the auspices of an insider that employed such person at the 80
time such person's rights under such plan or contract arose; 81
(ii) Such payment is on account of age or length of 82
service; and 83
14
CCS HCS SS SCS SBs 835 & 1111
(iii) Such plan or contract does not qualify under 84
Section 401(a), 403(a), 403(b), 408, 408A or 409 of the 85
Internal Revenue Code of 1986, as amended, (26 U.S.C. 86
Section 401(a), 403(a), 403(b), 408, 408A or 409). 87
b. Notwithstanding the exemption provided in 88
subparagraph a. of this paragraph, any such payment to any 89
person shall be subject to attachment or execution pursuant 90
to a qualified domestic relations order, as defined by 91
Section 414(p) of the Internal Revenue Code of 1986 (26 92
U.S.C. Section 414(p)), as amended, issued by a court in any 93
proceeding for dissolution of marriage or legal separation 94
or a proceeding for disposition of property following 95
dissolution of marriage by a court which lacked personal 96
jurisdiction over the absent spouse or lacked jurisdiction 97
to dispose of marital property at the time of the original 98
judgment of dissolution; 99
(f) Any money or assets, payable to a participant or 100
beneficiary from, or any interest of any participant or 101
beneficiary in, a retirement plan, profit-sharing plan, 102
health savings [plan] account, or similar plan, including an 103
inherited account or plan, that is qualified under Section 104
223, 401(a), 403(a), 403(b), 408, 408A or 409 of the 105
Internal Revenue Code of 1986 (26 U.S.C. Section 223, 106
401(a), 403(a), 403(b), 408, 408A, or 409), as amended, 107
whether such participant's or beneficiary's interest arises 108
by inheritance, designation, appointment, or otherwise, 109
except as provided in this paragraph. Any plan or 110
arrangement described in this paragraph shall not be exempt 111
from the claim of an alternate payee under a qualified 112
domestic relations order; however, the interest of any and 113
all alternate payees under a qualified domestic relations 114
order shall be exempt from any and all claims of any 115
15
CCS HCS SS SCS SBs 835 & 1111
creditor, other than the state of Missouri through its 116
department of social services. As used in this paragraph, 117
the terms "alternate payee" and "qualified domestic 118
relations order" have the meaning given to them in Section 119
414(p) of the Internal Revenue Code of 1986 (26 U.S.C. 120
Section 414(p)), as amended. If proceedings under Title 11 121
of the United States Code are commenced by or against such 122
person, no amount of funds shall be exempt in such 123
proceedings under any such plan, contract, or trust which is 124
fraudulent as defined in subsection 2 of section 428.024 and 125
for the period such person participated within three years 126
prior to the commencement of such proceedings. For the 127
purposes of this section, when the fraudulently conveyed 128
funds are recovered and after, such funds shall be deducted 129
and then treated as though the funds had never been 130
contributed to the plan, contract, or trust; 131
(11) The debtor's right to receive, or property that 132
is traceable to, a payment on account of the wrongful death 133
of an individual of whom the debtor was a dependent, to the 134
extent reasonably necessary for the support of the debtor 135
and any dependent of the debtor; 136
(12) Firearms, firearm accessories, and ammunition, 137
not to exceed one thousand five hundred dollars in value in 138
the aggregate; 139
(13) Any moneys accruing to and deposited in 140
individual savings accounts or individual deposit accounts 141
under sections 166.400 to 166.456 or sections 166.500 to 142
166.529, subject to the following provisions: 143
(a) This subdivision shall apply to any proceeding 144
that: 145
a. Is filed on or after January 1, 2022; or 146
16
CCS HCS SS SCS SBs 835 & 1111
b. Was filed before January 1, 2022, and is pending or 147
on appeal after January 1, 2022; 148
(b) Except as provided by paragraph (c) of this 149
subdivision, if the designated beneficiary of an individual 150
savings account or individual deposit account established 151
under sections 166.400 to 166.456 or sections 166.500 to 152
166.529 is a lineal descendant of the account owner, all 153
moneys in the account shall be exempt from any claims of 154
creditors of the account owner or designated beneficiary; 155
(c) The provisions of paragraph (b) of this 156
subdivision shall not apply to: 157
a. Claims of any creditor of an account owner as to 158
amounts contributed within a two-year period preceding the 159
date of the filing of a bankruptcy petition under 11 U.S.C. 160
Section 101 et seq., as amended; or 161
b. Claims of any creditor of an account owner as to 162
amounts contributed within a one-year period preceding an 163
execution on judgment for such claims against the account 164
owner. 165
2. Nothing in this section shall be interpreted to 166
exempt from attachment or execution for a valid judicial or 167
administrative order for the payment of child support or 168
maintenance any money or assets, payable to a participant or 169
beneficiary from, or any interest of any participant or 170
beneficiary in, a retirement plan which is qualified 171
pursuant to Sections 408 and 408A of the Internal Revenue 172
Code of 1986 (26 U.S.C. Sections 408 and 408A), as amended. 173
513.475. 1. The homestead of every person, consisting 1
of a dwelling house and appurtenances, and the land used in 2
connection therewith, not exceeding the aggregate value of 3
[fifteen] forty thousand dollars, which is or shall be used 4
by such person as a homestead, shall, together with the 5
17
CCS HCS SS SCS SBs 835 & 1111
rents, issues and products thereof, be exempt from 6
attachment and execution. The exemption allowed under this 7
section shall not be allowed for more than one owner of any 8
homestead if one owner claims the entire amount allowed 9
under this subsection; but, if more than one owner of any 10
homestead claims an exemption under this section, the 11
exemption allowed to each of such owners shall not exceed, 12
in the aggregate, the total exemption allowed under this 13
subsection as to any one homestead. 14
2. Either spouse separately shall be debarred from and 15
incapable of selling, mortgaging or alienating the homestead 16
in any manner whatever, and every such sale, mortgage or 17
alienation is hereby declared null and void; provided, 18
however, that nothing herein contained shall be so construed 19
as to prevent the husband and wife from jointly conveying, 20
mortgaging, alienating or in any other manner disposing of 21
such homestead, or any part thereof. 22
525.235. 1. For purposes of this section, the term 1
"financial institution" means a federally insured bank, 2
savings bank, savings and loan association, or credit union. 3
2. All orders of garnishment issued in this state for 4
the purpose of attaching to account funds on deposit held by 5
a financial institution shall be issued only under this 6
section and shall attach only to such funds held by the 7
financial institution on the date of service on the 8
financial institution, provided the effective date of 9
service shall be a banking day and provided service is made 10
prior to the financial institution's business cutoff time, 11
otherwise the service on the financial institution shall be 12
effective on the next banking day. If an account receives 13
electronic deposits of exempt protected funds, including, 14
but not limited to, funds described under subdivision (10) 15
18
CCS HCS SS SCS SBs 835 & 1111
of subsection 1 of section 513.430, the attachment date for 16
such account shall be the date and banking day that the 17
financial institution applies for the federally required 18
look-back analysis to determine the protected amount. The 19
return date for orders of garnishment under this section 20
shall not be less than thirty days from the effective date 21
of service. 22
3. All orders of garnishment issued in this state for 23
the purpose of attaching to account funds held by a 24
financial institution shall include the judgment debtor's 25
address and the last four digits of the debtor's tax 26
identification number, if known, and shall specify the 27
amount of funds to be withheld by the garnishee. 28
4. If an order of garnishment attaches to account 29
funds held by a financial institution and the garnishee 30
holds funds of the judgment debtor in two or more accounts, 31
the garnishee may withhold payment of the amount attached 32
from any accounts belonging to a judgment debtor and such 33
accounts may have a different attachment date if necessary 34
for the federally required look-back analysis. 35
5. If an order of garnishment attaches to account 36
funds held by a financial institution and the garnishee 37
holds funds of the judgment debtor in an account which the 38
judgment debtor owns in joint tenancy with one or more 39
individuals who are not subject to the garnishment, the 40
garnishee shall withhold the entire amount sought by the 41
garnishment. The garnishee shall provide a copy of the 42
order of garnishment to each account holder within two 43
business days to the address provided to the garnishee by 44
each account holder by mail or electronically if authorized 45
by the account holder. Each account holder may file an 46
objection or request of exemption of all or a portion of the 47
19
CCS HCS SS SCS SBs 835 & 1111
account with the court that issued the order of garnishment 48
within thirty days of the date the garnishment attaches and 49
serve their objection or request for exemption on the 50
garnishor and the garnishee. If the objection or request of 51
exemption is not resolved within thirty days of the timely 52
filing of the objection or request of exemption, the 53
garnishee may pay the garnished funds to the circuit court 54
to be held for pending resolution of the objection or 55
request. 56
6. No party shall seek an order of garnishment 57
attaching to account funds held by a financial institution 58
except on good faith belief of the party seeking garnishment 59
that the party to be served with the garnishment order has, 60
or will have, account assets of the judgment debtor. Except 61
as provided in this subsection, not more than one 62
garnishment shall be issued by a party seeking an order of 63
garnishment under this section for the same garnishee 64
applicable to the same claim or claims and against the same 65
judgment debtor in any thirty-day period. A judge may order 66
an exception to this subsection in any case in which the 67
party seeking the garnishment shall in person or by attorney: 68
(1) Certify that the garnishment is not for the 69
purpose of harassment of the debtor; and 70
(2) State facts demonstrating to the satisfaction of 71
the judge that there is reason to believe that the garnishee 72
has property of the debtor which is not exempt from 73
execution. 74
7. No financial institution shall have a duty to 75
investigate or assert any defenses of a judgment debtor. 76
8. A financial institution served an order of 77
garnishment and interrogatories under this section shall 78
answer within twenty days. Funds shall be released to the 79
20
CCS HCS SS SCS SBs 835 & 1111
judgment debtor sixty days after an answer is submitted, or 80
sooner if required under an order to pay, or paid into the 81
court if objections are filed by the judgment debtor and the 82
financial institution is served with a copy of the 83
objections. 84
9. This section does not apply to wage garnishments or 85
to garnishments of property other than account funds held by 86
a financial institution and a garnishment issued under this 87
section does not require a garnishee to search for, hold, or 88
return wages or other property. A garnishment under this 89
section does not require a garnishee to report or hold or 90
respond to interrogatories not related to account funds. 91
10. This section does not limit the authority of a 92
garnishor to obtain and issue an order of garnishment and 93
interrogatories for wages or for property, other than 94
account funds, held by a financial institution pursuant to 95
law and the rules of the Missouri supreme court. 96
11. (1) A garnishee acting in good faith compliance 97
with a facially valid order of garnishment under this 98
section shall not be liable to any debtor, creditor, or 99
other person for withholding, restraining, or releasing 100
funds in reasonable reliance upon the terms of the writ or 101
order. 102
(2) A garnishee shall not be required to: 103
(a) Adjudicate competing claims of ownership to 104
property or funds; 105
(b) Determine the legal sufficiency or validity of the 106
underlying judgment; or 107
(c) Investigate facts outside the information 108
contained in the writ or the garnishee's business records. 109
(3) A garnishee shall be liable for damages arising 110
from a garnishment only if: 111
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(a) The garnishee fails to follow the clear and 112
express terms of the writ or order; 113
(b) Such failure constitutes gross negligence or 114
willful misconduct; and 115
(c) Actual damages are proven. 116
(4) A garnishee shall not be liable if the garnishee 117
corrects an error within five business days after receiving 118
written notice identifying the alleged error and promptly 119
releases any improperly restrained funds. 120
(5) Temporary restraint of funds pending review of a 121
claimed exemption shall not create liability if the 122
garnishee, garnishor, and judgment debtor or other persons 123
act within time frames required by law. 124
12. The provisions of subsections 1 to 11 of this 125
section shall be effective January 1, 2028. 126
13. The provisions of this section shall be 127
implemented and administered in accordance with rules of the 128
Missouri supreme court. 129
537.529. 1. This section shall be known and may be 1
cited as the "Uniform Public Expression Protection Act". 2
2. As used in this section, the following terms mean: 3
(1) "Governmental unit", any city, county, or other 4
political subdivision of this state, or any department, 5
division, board, or other agency of any political 6
subdivision of this state; 7
(2) "Person", an individual, estate, trust, 8
partnership, business or nonprofit entity, governmental 9
unit, or other legal entity. 10
3. Except as otherwise provided in subsection 4 of 11
this section, the provisions of this section shall apply to 12
any cause of action asserted in a civil action against a 13
person based on the person's: 14
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CCS HCS SS SCS SBs 835 & 1111
(1) Communication in a legislative, executive, 15
judicial, administrative, or other governmental proceeding; 16
(2) Communication on an issue under consideration or 17
review in a legislative, executive, judicial, 18
administrative, or other governmental proceeding; or 19
(3) Exercise of the right of freedom of speech or of 20
the press, the right to assemble or petition, or the right 21
of association, guaranteed by the Constitution of the United 22
States or the Constitution of the state of Missouri, on a 23
matter of public concern. 24
4. The provisions of this section shall not apply to a 25
cause of action asserted: 26
(1) Against a governmental unit or an employee or 27
agent of a governmental unit acting or purporting to act in 28
an official capacity; 29
(2) By a governmental unit or an employee or agent of 30
a governmental unit acting in an official capacity to 31
enforce a law to protect against an imminent threat to 32
public health or safety; or 33
(3) Against a person primarily engaged in the business 34
of selling or leasing goods or services if the cause of 35
action arises out of a communication related to the person's 36
sale or lease of the goods or services. 37
As used in this subsection, the term "goods or services" 38
shall not include any dramatic, literary, musical, 39
political, journalistic, or artistic work. 40
5. No later than sixty days after a party is served 41
with a complaint, crossclaim, counterclaim, third-party 42
claim, or other pleading that asserts a cause of action to 43
which this section applies, or at a later time upon a 44
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showing of good cause, a party may file a special motion to 45
dismiss the cause of action or part of the cause of action. 46
6. (1) Except as otherwise provided in this 47
subsection: 48
(a) All other proceedings between the moving party and 49
responding party in an action, including discovery and a 50
pending hearing or motion, are stayed on the filing of a 51
motion under subsection 5 of this section; and 52
(b) On motion by the moving party, the court may stay: 53
a. A hearing or motion involving another party if the 54
ruling on the hearing or motion would adjudicate a legal or 55
factual issue that is material to the motion under 56
subsection 5 of this section; or 57
b. Discovery by another party if the discovery relates 58
to a legal or factual issue that is material to the motion 59
under subsection 5 of this section. 60
(2) A stay under subdivision (1) of this subsection 61
remains in effect until entry of an order ruling on the 62
motion filed under subsection 5 of this section and the 63
expiration of the time to appeal the order. 64
(3) If a party appeals from an order ruling on a 65
motion under subsection 5 of this section, all proceedings 66
between all parties in an action are stayed. The stay 67
remains in effect until the conclusion of the appeal. 68
(4) During a stay under subdivision (1) of this 69
subsection, the court may allow limited discovery if a party 70
shows that specific information is necessary to establish 71
whether a party has satisfied or failed to satisfy a burden 72
imposed by subdivision (1) of subsection 9 of this section 73
and is not reasonably available without discovery. 74
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(5) A motion for costs and expenses under subsection 75
12 of this section shall not be subject to a stay under this 76
section. 77
(6) A stay under this subsection does not affect a 78
party's ability to voluntarily dismiss a cause of action or 79
part of a cause of action or move to sever a cause of action. 80
(7) During a stay under this section, the court for 81
good cause may hear and rule on: 82
(a) A motion unrelated to the motion under subsection 83
5 of this section; and 84
(b) A motion seeking a special or preliminary 85
injunction to protect against an imminent threat to public 86
health or safety. 87
7. (1) The court shall hear a motion under subsection 88
5 of this section no later than sixty days after filing of 89
the motion, unless the court orders a later hearing: 90
(a) To allow discovery under subdivision (4) of 91
subsection 6 of this section; or 92
(b) For other good cause. 93
(2) If the court orders a later hearing under 94
paragraph (a) of subdivision (1) of this subsection, the 95
court shall hear the motion under subsection 5 of this 96
section no later than sixty days after the court order 97
allowing the discovery, subject to paragraph (b) of 98
subdivision (1) of this subsection. 99
8. In ruling on a motion under subsection 5 of this 100
section, the court shall consider the parties' pleadings, 101
the motion, any replies and responses to the motion, and any 102
evidence that could be considered in ruling on a motion for 103
summary judgment. 104
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9. (1) In ruling on a motion under subsection 5 of 105
this section, the court shall dismiss with prejudice a cause 106
of action or part of a cause of action if: 107
(a) The moving party establishes under subsection 3 of 108
this section that this section applies; 109
(b) The responding party fails to establish as 110
provided in subsection 4 of this section that this section 111
does not apply; and 112
(c) Either: 113
a. The responding party fails to establish a prima 114
facie case as to each essential element of the cause of 115
action; or 116
b. The moving party establishes that: 117
(i) The responding party failed to state a cause of 118
action upon which relief can be granted; or 119
(ii) There is no genuine issue as to any material fact 120
and the party is entitled to judgment as a matter of law on 121
the cause of action or part of the cause of action. 122
(2) A voluntary dismissal without prejudice of a 123
responding party's cause of action, or part of a cause of 124
action, that is the subject of a motion under subsection 5 125
of this section does not affect a moving party's right to 126
obtain a ruling on the motion and seek costs, reasonable 127
attorney's fees, and reasonable litigation expenses under 128
subsection 12 of this section. 129
(3) A voluntary dismissal with prejudice of a 130
responding party's cause of action, or part of a cause of 131
action, that is the subject of a motion under subsection 5 132
of this section establishes for the purpose of subsection 12 133
of this section that the moving party prevailed on the 134
motion. 135
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10. The court shall rule on a motion under subsection 136
5 of this section no later than sixty days after the hearing 137
under subsection 7 of this section. 138
11. A moving party may appeal within twenty-one days 139
as a matter of right from an order denying, in whole or in 140
part, a motion under subsection 5 of this section. 141
12. On a motion under subsection 5 of this section, 142
the court shall award costs, reasonable attorney's fees, and 143
reasonable litigation expenses related to the motion: 144
(1) To the moving party if the moving party prevails 145
on the motion; or 146
(2) To the responding party if the responding party 147
prevails on the motion and the court finds that the motion 148
was frivolous or filed solely with intent to delay the 149
proceeding. 150
13. This section shall be broadly construed and 151
applied to protect the exercise of the right of freedom of 152
speech and of the press, the right to assemble and petition, 153
and the right of association, guaranteed by the Constitution 154
of the United States or the Constitution of the state of 155
Missouri. 156
14. In applying and construing this section, 157
consideration shall be given to the need to promote 158
uniformity of the law with respect to its subject matter 159
among states that enact it. 160
15. The provisions of this section shall apply to any 161
civil action filed, or any cause of action asserted in a 162
civil action, on or after August 28, 2026. 163
[537.528. 1. Any action against a person 1
for conduct or speech undertaken or made in 2
connection with a public hearing or public 3
meeting, in a quasi-judicial proceeding before a 4
tribunal or decision-making body of the state or 5
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CCS HCS SS SCS SBs 835 & 1111
any political subdivision of the state is 6
subject to a special motion to dismiss, motion 7
for judgment on the pleadings, or motion for 8
summary judgment that shall be considered by the 9
court on a priority or expedited basis to ensure 10
the early consideration of the issues raised by 11
the motion and to prevent the unnecessary 12
expense of litigation. Upon the filing of any 13
special motion described in this subsection, all 14
discovery shall be suspended pending a decision 15
on the motion by the court and the exhaustion of 16
all appeals regarding the special motion. 17
2. If the rights afforded by this section 18
are raised as an affirmative defense and if a 19
court grants a motion to dismiss, a motion for 20
judgment on the pleadings or a motion for 21
summary judgment filed within ninety days of the 22
filing of the moving party's answer, the court 23
shall award reasonable attorney fees and costs 24
incurred by the moving party in defending the 25
action. If the court finds that a special 26
motion to dismiss or motion for summary judgment 27
is frivolous or solely intended to cause 28
unnecessary delay, the court shall award costs 29
and reasonable attorney fees to the party 30
prevailing on the motion. 31
3. Any party shall have the right to an 32
expedited appeal from a trial court order on the 33
special motions described in subsection 2 of 34
this section or from a trial court's failure to 35
rule on the motion on an expedited basis. 36
4. As used in this section, a "public 37
meeting in a quasi-judicial proceeding" means 38
and includes any meeting established and held by 39
a state or local governmental entity, including 40
without limitations meetings or presentations 41
before state, county, city, town or village 42
councils, planning commissions, review boards or 43
commissions. 44
5. Nothing in this section limits or 45
prohibits the exercise of a right or remedy of a 46
party granted pursuant to another 47
constitutional, statutory, common law or 48
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CCS HCS SS SCS SBs 835 & 1111
administrative provision, including civil 49
actions for defamation. 50
6. If any provision of this section or the 51
application of any provision of this section to 52
a person or circumstance is held invalid, the 53
invalidity shall not affect other provisions or 54
applications of this section that can be given 55
effect without the invalid provision or 56
application, and to this end the provisions of 57
this section are severable. 58
7. The provisions of this section shall 59
apply to all causes of actions.] 60
Section B. The enactment of section 513.423 and the 1
repeal and reenactment of sections 513.380, 513.430, and 2
513.475 of this act shall become effective on January 1, 3
2027. 4