State Law Reference: As to certain violations concerning an
accused with special needs, §479.040, RSMo.
[R.O. 2011 §125.010; Ord. No. 475 §2, 12-4-1978]
There is hereby established in this City a Municipal Court to
be known as the "Cabool Municipal Court, a Division of the 25th Judicial
Circuit Court of the State of Missouri. This Court is a continuation
of the Police Court of the City as previously established and is termed
herein "the Municipal Court".
[R.O. 2011 §125.020; Ord. No. 475 §2, 12-4-1978]
The jurisdiction of the Municipal Court shall extend to all
cases involving alleged violations of the ordinances of the City.
[R.O. 2011 §125.030; Ord. No. 475 §2, 12-4-1978]
The Judge of the City's Municipal Court shall be known as a
Municipal Judge of the 25th Judicial Circuit Court, and shall be selected
as follows:
He/she shall be appointed to his/her position by the Mayor,
subject to the confirmation of the Board of Aldermen, for a term as
specified herein.
[R.O. 2011 §125.040; Ord. No. 475 §2, 12-4-1978]
The Municipal Judge shall hold his/her office for a period of
two (2) years and shall take office biannually from May 1, 1979. If
for any reason a Municipal Judge vacates his/her office, his/her successor
shall complete that term of office, even if the same be for less than
two (2) years.
[R.O. 2011 §125.050; Ord. No. 475 §2, 12-4-1978]
A.
The
Municipal Judge shall vacate his/her office under the following circumstances:
1.
Upon removal from office by the State Commission on the Retirement,
Removal and Discipline of Judges, as provided in Missouri Supreme
Court Rule 12, or
2.
Upon attaining his/her seventy-fifth (75th) birthday, or
3.
If the Municipal Judge is a lawyer, if he/she should lose his/her
license to practice law within the State of Missouri.
[R.O. 2011 §125.060; Ord. No. 475 §2, 12-4-1978]
A.
The Municipal Judge shall possess the following qualifications before
he/she shall take office:
1.
He/she must be a licensed attorney, qualified to practice law
within the State of Missouri; or, within six (6) months after selection
for the position, each Municipal Judge who is not licensed to practice
law in this State shall satisfactorily complete the course of instruction
for Municipal Judges prescribed by the Supreme Court.
2.
He/she need not reside within the City.
3.
He/she must be a resident of the State of Missouri.
4.
He/she must be between the ages of twenty-one (21) and seventy-five
(75) years.
5.
He/she may serve as a Municipal Judge for any other municipality.
6.
He/she may not hold any other office within the City Government.
B.
The Municipal Judge shall be considered holding a part-time position
and as such may accept other employment.
C.
No Municipal Judge shall serve as a Municipal Judge in more than
five (5) municipalities at one (1) time. A Court that serves more
than one (1) municipality shall be treated as a single municipality
for the purposes of this Subsection.
[R.O. 2011 §125.070; Ord. No. 475 §2, 12-4-1978]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of which it is a part, and to the rules of the
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court,
and the Judge and Court personnel of said Court shall obey his/her
directives.
[R.O. 2011 §125.080; Ord. No. 475 §2, 12-4-1978]
The Municipal Judge shall cause to be prepared within the first
(1st) ten days of every month a report indicating the following:
A list of all cases heard and tried before the Court during
the preceding month, giving in each case the name of the defendant,
the fine imposed if any, the amount of cost, the names of the defendants
committed and the cases where there was an application for trial de
novo, respectively. The same shall be prepared under oath by the Municipal
Court Clerk or the Municipal Judge. This report will be filed with
the City Clerk, who shall thereafter forward the same to the Board
of Aldermen of the City for examination at its first (1st) session
thereafter. The Municipal Court shall, within the ten (10) days after
the first (1st) day of the month, pay to the Municipal Treasurer the
full amount of all fines collected during the preceding months, if
they have not previously been paid.
[R.O. 2011 §125.090; Ord. No. 475 §2, 12-4-1978]
The Municipal Judge shall be a conservator of the peace. He/she
shall keep a docket in which he/she shall enter every case commenced
before him/her and the proceedings therein and he/she shall keep such
other records as may be required. Such docket and records shall be
records of the Circuit Court of Texas County. The Municipal Judge
shall deliver the docket and records of the Municipal Court, and all
books and papers pertaining to his/her office, to his/her successor
in office or to the Presiding Judge of the Circuit Court.
[R.O. 2011 §125.100; Ord. No. 475 §2, 12-4-1978]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Establish a Violations Bureau as provided for in the Missouri Rules
of Practice and Procedure in Municipal and Traffic Courts and Section
479.050, RSMo.
2.
Administer oaths and enforce due obedience to all orders, rules and
judgments made by him/her, and may fine and imprison for contempt
committed before him/her while holding Court, in the same manner and
to the same extent as a Circuit Judge.
3.
Commute the term of any sentence, stay execution of any fine or sentence,
suspend any fine or sentence, and make such other orders as the Municipal
Judge deems necessary relative to any matter that may be pending in
the Municipal Court.
4.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter, and to
make and adopt such rules of practice and procedure as are necessary
to hear and decide matters pending before the Municipal Court and
to implement and carry out the provisions of the Missouri Rules of
Practice and Procedure in Municipal and Traffic Courts. Any and all
rules made or adopted hereunder may be annulled or amended by an ordinance
limited to such purpose; provided that such ordinance does not violate,
or conflict with, the provisions of the Missouri Rules of Practice
and Procedure in Municipal and Traffic Courts, or State Statutes.
5.
The Municipal Judge shall have such other powers, duties and privileges
as are or may be prescribed by the laws of this State, this Code or
other ordinances of this City.
[Ord. No. 001-2017 § 1, 2-20-2017]
A.
The following procedures are adopted, and the certification shall
include the following:
1.
Defendants in custody pursuant to an initial arrest warrant
issued by a Municipal Court have an opportunity to be heard by a judge
in person, by telephone, or video conferencing as soon as practicable
and not later than forty-eight (48) hours on minor traffic violations
and not later than seventy-two (72) hours on other violations and,
if not given that opportunity, are released;
2.
Defendants in municipal custody shall not be held more than
twenty-four (24) hours without a warrant after arrest;
3.
Defendants are not detained in order to coerce payment of fines
and costs unless found to be in contempt after strict compliance by
the Court with the due process procedures mandated by Missouri Supreme
Court Rule 37.65 or its successor rule;
4.
The Municipal Court has established procedures to allow indigent
defendants to present evidence of their financial condition and takes
such evidence into account if determining fines and costs and establishing
related payment requirements;
5.
The Municipal Court only assesses fines and costs as authorized
by law;
6.
No additional charge shall be issued for the failure to appear
for a minor traffic violation;
7.
The Municipal Court conducts proceedings in a courtroom that
is open to the public and large enough to reasonably accommodate the
public, parties, and attorneys;
8.
The Municipal Court makes use of alternative payment plans;
9.
The Municipal Court makes use of community service alternatives
for which no associated costs are charged to the defendant; and
10.
The Municipal Court has adopted an electronic payment system
or payment by mail for the payment of minor traffic violations.
[R.O. 2011 §125.110; Ord. No. 475 §2, 12-4-1978]
Should the Municipal Judge determine that there shall be a Violations
Bureau, the City shall provide all expenses incident to the operation
of the same. The City Clerk is hereby designated as the Violations
Clerk for said Bureau, if established.
[R.O. 2011 §125.120; Ord. No. 475 §2, 12-4-1978]
All warrants issued by the Municipal Judge shall be directed
to the City Marshal or any other Police Officer of the Municipality
or to the Sheriff of the County. The warrant shall be executed by
the Marshal, Police Officer, or Sheriff any place within the limits
of the County and not elsewhere unless the warrants are endorsed in
the manner provided for warrants in criminal cases, and, when so endorsed,
shall be served in other counties, as provided for in warrants in
criminal cases.
[R.O. 2011 §125.130; Ord. No. 475 §2, 12-4-1978]
The City Marshal or other Police Officer of the City shall,
without a warrant, make arrest of any person who commits an offense
in his/her presence, but such officer shall, before the trial file
a written complaint with the Judge hearing violations of municipal
ordinances.
[R.O. 2011 §125.140; Ord. No. 475 §2, 12-4-1978]
Any person charged with a violation of a municipal ordinance
of this City shall be entitled to a trial by jury, as in prosecutions
for misdemeanors before an Associate Circuit Judge. Whenever, a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court for reassignment.
[R.O. 2011 §125.150; Ord. No. 475 §2, 12-4-1978]
It shall be the duty of an attorney designated by the municipality
to prosecute the violations of the City's ordinances before the Municipal
Judge or before any Circuit Judge hearing violations of the City's
ordinances. The salary or fees of the attorney and his/her necessary
expenses incurred in such prosecutions shall be paid by the City.
The compensation of such attorney shall not be contingent upon the
result in any case.
[R.O. 2011 §125.160; Ord. No. 475 §2, 12-4-1978]
It shall be the duty of the Municipal Judge to summon all persons
whose testimony may be deemed essential as witnesses at the trial,
and to enforce their attendance by attachment, if necessary. The fees
of witnesses shall be the same as those fixed for witnesses in trials
before the Associate Circuit Judges and shall be taxed as other costs
in the case. When a trial shall be continued by a Municipal Judge
it shall not be necessary to summon any witnesses who may be present
at the continuance; but the Municipal Judge shall orally notify such
witnesses as either party may require to attend before him/her on
the day set for trial to testify in the case, and enter the names
of such witnesses on his/her docket, which oral notice shall be valid
as a summons.
A.
If,
in the progress of any trial before the Municipal Judge, it shall
appear to the Judge that the accused ought to be put upon trial for
an offense against the criminal laws of the State and not cognizable
before him/her as Municipal Judge, he/she shall immediately stop all
further proceedings before him/her as Municipal Judge and cause the
complaint to be made before some Associate Circuit Court Judge of
the County.
B.
For
purposes of this Section, any offense involving the operation of a
motor vehicle in an intoxicated condition as defined in Section 577.001,
RSMo., shall not be cognizable in Municipal Court, if the defendant
has been convicted, found guilty, or pled guilty to two (2) or more
previous intoxication-related traffic offenses as defined in Section
577.001, RSMo., or has had two (2) or more previous alcohol-related
enforcement contacts as defined in Section 302.525, RSMo.
[R.O. 2011 §125.180]
A.
Any
judge hearing violations of Municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the Court may order conditions which the Court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[R.O. 2011 §125.190; Ord. No. 475 §2, 12-4-1978]
A.
If
the Municipal Judge is a non-lawyer, the defendant shall have a right
to a trial de novo, even from a plea of guilty before a Circuit Judge
or an Associate Circuit Judge. Such application for a trial de novo
shall be filed within ten (10) days after the judgment and shall be
in the form as provided by Supreme Court Rules.
B.
In
any case tried before a Municipal Judge who is licensed to practice
law in this State or before an Associate Circuit Judge, except where
there has been a plea of guilty or the case has been tried with a
jury, the defendant shall have a right of trial de novo before a Circuit
Judge or upon assignment before an Associate Circuit Judge. An application
for a trial de novo shall be filed within ten (10) days after judgment
and shall be filed in such form and perfected in such manner as provided
by Supreme Court Rule.
[R.O. 2011 §125.210; Ord. No. 475 §2, 12-4-1978]
In the case of a breach of any recognizance entered into before
a Municipal Judge or an Associate Circuit Judge hearing a municipal
ordinance violation case, the same shall be deemed forfeited and the
Judge shall cause the same to be prosecuted against the principal
and surety, or either of them, in the name of the municipality as
plaintiff. Such action shall be prosecuted before a Circuit Judge
or Associate Circuit Judge, and in the event of cases caused to be
prosecuted by a Municipal Judge, such shall be on the transcript of
the proceedings before the Municipal Judge. All monies recovered in
such actions shall be paid over to the Municipal Treasury to the General
Revenue Fund of the Municipality.
[R.O. 2011 §125.220; Ord. No. 475 §2, 12-4-1978]
A Municipal Judge shall be disqualified to hear any case in
which he/she is in anywise interested, or, if before the trial is
commenced, the defendant or the prosecutor files an affidavit that
the defendant or the municipality, as the case may be, cannot have
a fair and impartial trial by reason of the interest or prejudice
of the Judge. Neither the defendant nor the municipality shall be
entitled to file more than one (1) affidavit or disqualification in
the same case.
If the Municipal Judge or Provisional Judge be absent, sick
or disqualified from acting pursuant to the general administrative
authority of the Presiding Judge of the Circuit Court over the Municipal
Divisions within the circuit contained in Section 478.240, RSMo.,
a special Municipal Judge may be designated in accordance with the
provisions of Section 479.230, RSMo., until such absence or disqualification
shall cease.
[R.O. 2011 §370.010]
A.
Any
person charged with an offense for which payment of a fine may be
made to the Violations Bureau shall have the option of paying such
fine within the time specified in the notice of arrest at the Violations
Bureau upon entering a plea of guilty and upon waiving appearance
in Court; or may have the option of depositing required lawful bail,
and upon a plea of not guilty shall be entitled to a trial as authorized
by law.
B.
The
payment of a fine to the Bureau shall be deemed an acknowledgement
of conviction of the alleged offense, and the Bureau, upon accepting
the prescribed fine, shall issue a receipt to the violator acknowledging
payment thereof.
[R.O. 2011 §125.240; Ord. No. 475 §2, 12-4-1978]
A.
The
City Administrator shall designate some suitable person as the Clerk
of the Municipal Court. The duties of said Clerk shall be as follows:
1.
To collect such fines for violations of such offenses as may be described,
and the court costs thereof.
2.
To take oaths and affirmations.
3.
To accept signed complaints, and allow the same to be signed and
sworn to or affirmed before him/her.
4.
Sign and issue subpoenas requiring the attendance of witnesses and
sign and issue subpoenas duces tecum.
5.
Accept the appearance, waiver of trial and plea of guilty and payment
of fine and costs in Violations Bureau cases or as directed by the
Municipal Judge; generally act as Violations Clerk of the Violations
Bureau.
6.
Perform all other duties as provided for by ordinance, by rules of
Practice and Procedure adopted by the Municipal Judge and by the Missouri
Rules of Practice and Procedure in Municipal and Traffic Courts and
by Statute.
7.
Maintain, properly certified by the City Clerk, a complete copy of
the ordinances of the City which shall constitute prima facia evidence
of such ordinance before the Court. Further, to maintain a similar
certified copy on file with the Clerk serving the Circuit Court of
this County.
[R.O. 2011 §125.250; Ord. No. 475 §2, 12-4-1978; Ord. No. 692 §§I
— II, 12-16-1996; Ord. No. 765 §§1 —
2, 9-17-2001; Ord. No. 776 §§1 — 2, 9-3-2002; Ord. No. 834, 9-19-2005]
A.
In
addition to any fine that may be imposed by the Municipal Judge, there
shall be assessed as costs in all cases the following:
1.
Cost of Court in the amount of twelve dollars ($12.00), one dollar
($1.00) of which should be deposited in the Judicial Education Fund.
2.
Peace Officer training.
a.
Locally. In all cases, costs for the training of
Police Officers in the amount of two dollars ($2.00).
b.
Statewide. The Cabool Municipal Court shall assess
an additional one dollar ($1.00) surcharge on all cases of municipal
violations filed in the City Court and not dismissed at the cost of
the City pursuant to Section 590.140, RSMo. The additional one dollar
($1.00) surcharge so assessed shall be collected and disbursed as
provided in Section 514.015, RSMo., and payable to the State Treasury
to the credit of the Peace Officer Standards and Training Commission
Fund created in Section 590.178, RSMo.
3.
Crime Victim Compensation Fund, seven dollars fifty cents ($7.50).
The Court Clerk shall remit seven dollars thirteen cents ($7.13) of
each cost so collected to the Missouri Department of Revenue and thirty-seven
cents ($.37) to the City Treasury.
4.
Other costs, such as for the issuance of a warrant, a commitment,
or a summons, as provided before the Associate Circuit Judge in criminal
prosecutions.
5.
Actual costs assessed against the City by the County Sheriff for
apprehension or confinement in the County Jail.
6.
Mileage, in the same amount as provided to the Sheriff in criminal
violations, for each mile and fraction thereof the officer must travel
in both directions in order to serve any warrant or commitment or
order of this Court.
7.
(Reserved)
8.
Alcohol- and drug-related traffic offenses. In addition
to any other penalties and costs provided by law or ordinance, the
Court may order any person convicted of an alcohol- or drug-related
traffic offense, or amended alcohol- or drug-related traffic offense,
to reimburse the City for the costs associated with the arrest of
such person. Such costs shall include the reasonable cost of making
the arrest, including the cost of any chemical test made to determine
the alcohol or drug content of the person's blood, and the costs of
processing, charging, booking and holding such person in custody.
A schedule of such costs shall be established by the Cabool Police
Department and filed with the Clerk of the Municipal Court, and the
Court may impose costs in accordance with the schedule; provided,
the Court may order the costs reduced in a case if the Court determines
the costs are excessive.
9.
There shall be imposed a board bill of ten dollars ($10.00)
a day on all persons charged with a municipal violation and held at
Cabool City Jail.
[Ord. No. 011-2015 §1, 6-15-2015]
10.
In addition to the other costs authorized in this Section, there
shall be assessed a state court automation surcharge of seven dollars
($7.00) in all cases in which court costs are taxed. Said surcharge
shall be collected by the Municipal Court and transmitted monthly
to the Missouri Director of Revenue to the credit of the Missouri
Statewide Automation Fund, as provided in Section 488.012.3(5), RSMo.,
and Section 488.027.2, RSMo.
[Ord. No. 013-2020, 11-16-2020]
[R.O. 2011 §125.260; Ord. No. 475 §2, 12-4-1978]
The costs of any action may be assessed against the prosecuting
witness and must be rendered against him/her that he/she pay the same
and stand committed until paid in any case where it appears to the
satisfaction of the Municipal Judge that the prosecution was commenced
without probable cause and from malicious motives.
[R.O. 2011 §125.270; Ord. No. 475 §2, 12-4-1978]
When a fine is assessed for violating, an ordinance, it shall
be within the discretion of the Judge assessing the fine to provide
for the payment of a fine on an installment basis under such terms
and conditions as he/she may deem appropriate.
Notwithstanding any provision of law, Supreme Court Rule, or
Court Operating Rule, in a proceeding for a municipal ordinance violation
or any other proceeding before a Municipal Court if the charge carries
the possibility of fifteen (15) days or more in jail or confinement,
a defendant shall not be charged any fee for obtaining a police report,
probable cause statement, or any video relevant to the traffic stop
or arrest. Such police report, probable cause statement, or video
shall be provided by the prosecutor upon written request by the defendant
for discovery.
[R.O. 2011 §125.280; Ord. No. 707 §§1 — 5, 3-2-1998]
A.
The
Judge of the Cabool Municipal Court, a Division of the 25th Judicial
Circuit Court of the State of Missouri, is authorized, in his/her
discretion, to utilize the services of the 25th Judicial Circuit Community
Service Program, currently called the Community Opportunity Program,
in sentencing those who have plead guilty or been convicted of Municipal
Code violations in the Cabool Municipal Court.
B.
The
Municipal Judge shall establish the number of hours of community service.
C.
In
all instances, the defendant shall pay a service fee to the community
service organization.
D.
The
community service organization shall select the type and place of
community service.
E.
The
community service organization shall report successful or unsuccessful
completion of the community service work by the defendant to the Court.
[Ord. No. 003-2013 §3, 2-18-2013]
A.
Notwithstanding any other provision of law and subject to the provisions of this Section, any person may apply to any Court in which such person was found guilty of any of the offenses specified in Subsection (B) of this Section for an order to expunge recordations of such arrest, plea, trial, or conviction. A person may apply to have one (1) or more offenses expunged so long as such person lists all the offenses he or she is seeking to have expunged in the same petition and so long as all such offenses are eligible under Subsection 2 of this Section.
B.
The following offenses are eligible to be expunged when such offenses
occurred within the State of Missouri and were prosecuted under the
jurisdiction of a Missouri Municipal Court:
1.
Any misdemeanor offense of passing a bad check under Section
570.120, RSMo., fraudulently stopping payment of an instrument under
Section 570.125, RSMo., or fraudulent use of a credit device or debit
device under Section 570.130, RSMo.;
2.
Any misdemeanor offense of Sections 569.065, 569.067, subdivision (1) of subsection 1 of Section 569.120, Sections 569.140, 569.145, 572.020, 574.020, or 574.075, RSMo.; or
3.
Any class B or C misdemeanor offense of Section 574.010, RSMo.
C.
The petition shall name as defendants all law enforcement agencies,
Courts, prosecuting attorneys, central State repositories of criminal
records, or others who the petitioner has reason to believe may possess
the records subject to expungement for each of the offenses listed
in the petition. The Court's order of expungement shall not affect
any person or entity not named as a defendant in the action.
D.
The petition shall be dismissed if it does not include the following
information:
2.
Each offense charged against the petitioner for which the petitioner
is requesting expungement;
3.
The date the petitioner was arrested for each offense;
4.
The name of the County where the petitioner was arrested for
each offense and if any of the offenses occurred in a municipality,
the name of the municipality for each offense;
5.
The name of the agency that arrested the petitioner for each
offense;
6.
The case number and name of the Court for each offense; and
7.
The petitioner's fingerprints on a standard fingerprint card
at the time of filing a petition for expungement which will be forwarded
to the central repository for the sole purpose of positively identifying
the petitioner.
E.
The Court may set a hearing on the matter no sooner than thirty (30)
days from the filing of the petition and shall give reasonable notice
of the hearing to each entity named in the petition. At the hearing,
the Court may accept evidence and hear testimony on, and may consider,
the following criteria for each of the offenses listed in the petition
for expungement:
2.
The person has not been found guilty of a misdemeanor or felony, not including violations of the traffic regulations provided under Chapters 304 and 307, RSMo., during the time period specified for the underlying offense in Subsection (E)(1) of this Subsection;
3.
The person has paid any amount of restitution ordered by the
Court;
4.
The circumstances and behavior of the petitioner warrant the
expungement; and
5.
The expungement is consistent with the public welfare.
F.
If the Court determines at the conclusion of the hearing that such person meets all the criteria set forth in Subsection (E) of this Section for each of the offenses listed in the petition for expungement, the Court may enter an order of expungement. A copy of the order shall be provided to each entity named in the petition, and, upon receipt of the order, each entity shall destroy any record in its possession relating to any offense listed in the petition. If destruction of the record is not feasible because of the permanent nature of the record books, such record entries shall be blacked out. Entries of a record ordered expunged shall be removed from all electronic files maintained with the State of Missouri, except for the files of the Court. The records and files maintained in any administrative or Court proceeding in a Municipal Court for any offense ordered expunged under this Section shall be confidential and only available to the parties or by order of the Court for good cause shown. The central repository shall request the Federal Bureau of Investigation to expunge the records from its files.
G.
The order shall not limit any of the petitioner's rights that were
restricted as a collateral consequence of such person's criminal record,
and such rights shall be restored upon issuance of the order of expungement.
Except as otherwise provided under this Section, the effect of such
order shall be to restore such person to the status he or she occupied
prior to such arrests, pleas, trials, or convictions as if such events
had never taken place. No person as to whom such order has been entered
shall be held thereafter under any provision of law to be guilty of
perjury or otherwise giving a false statement by reason of his or
her failure to recite or acknowledge such arrests, pleas, trials,
convictions, or expungement in response to an inquiry made of him
or her, and no such inquiry shall be made for information relating
to an expungement, except the petitioner shall disclose the expunged
offense to any Court when asked or upon being charged with any subsequent
offense. The expunged offense may be considered a prior offense in
determining a sentence to be imposed for any subsequent offense that
the person is found guilty of committing.
H.
Applications for Certain Licenses, Certificates, Permits
and Employment.
1.
Notwithstanding the provisions of Subsection (G) of this Section to the contrary, a person granted an expungement shall disclose any expunged offense when the disclosure of such information is necessary to complete any application for:
a.
A license, certificate, or permit issued by this State to practice
such individual's profession;
b.
Any license issued under Chapter 313, RSMo.; or
c.
Paid or unpaid employment with an entity licensed under Chapter
313, any State-operated lottery, or any emergency services provider,
including any Law Enforcement Agency.
2.
Notwithstanding any provision of law to the contrary, an expunged
offense shall not be grounds for automatic disqualification of an
applicant, but may be a factor for denying employment, or a professional
license, certificate, or permit.
I.
If the Court determines that such person has not met the criteria for any of the offenses listed in the petition for expungement, the Court shall enter an order dismissing the petition. Any person whose petition for expungement has been dismissed by the Court for failure to meet the criteria set forth in Subsection (E) of this Section may not refile another petition until a year has passed since the date of filing for the previous petition.
J.
A person may be granted more than one (1) expungement under this
Section, provided that no person shall be granted more than one (1)
order of expungement from the same Court. Nothing contained in this
Section shall prevent the Court from maintaining records to ensure
that an individual has only one (1) petition for expungement granted
by such Court under this Section.
[Ord. No. 003-2013 §4, 2-18-2013]
There shall be assessed as costs a surcharge in the amount of one hundred dollars ($100.00) on all petitions for expungement filed under the provisions of Section 125.290. Such surcharge shall be collected and disbursed by the Clerk of the Court as provided by Sections 488.010 to 488.020, RSMo. Moneys collected from this surcharge shall be payable to the General Revenue Fund.
[Ord. No. 019-2015 §§1
— 6, 9-14-2015]
A.
MINOR TRAFFIC VIOLATIONS
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any violation of a municipal ordinance:
B.
Those committing minor traffic violations shall not be punishable
by imprisonment unless the violation involved alcohol or controlled
substances, endangers the health or welfare of others or involved
eluding or giving false information to a Law Enforcement Officer.
C.
A person convicted of a minor traffic violation shall not be placed
in confinement for failure to pay a fine unless such non-payment violates
the terms of the person's probation.
D.
The maximum fine and court costs that can be imposed for the violation
of any minor traffic violation shall be three hundred dollars ($300.00).
E.
Court costs shall be assessed against those committing minor traffic
violations unless the Court finds that the defendant is indigent.
