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Municipal Clerk Manual – Courts without JIS



Section/Rule:
3.4

Subject:
Chapter 3 - Citation Case Processing Procedures
Publication / Adopted Date:
February 1992

Topic:
Traffic Citation Disposition Reporting
Revised / Effective Date:
October 2015
Municipal Clerk Manual
Courts without JIS
Chapter Three - Case Processing Procedures


3.4 – Traffic Citation Disposition Reporting

References
Statutes: 43.503, 43.506, 302.010 - 302.780, 307.177, 479.172, and 577.023, RSMo
Supreme Court Rules: 37.49, Form 37(a)
Court Operating Rules: N/A
Publication Date: February 1992
Revised: March 2018

Introduction

Note: Citation disposition reporting does not satisfy the reporting requirements for criminal history. See section 3.3 Criminal History Disposition Reporting in this manual for fingerprint (OCN) reporting to the Missouri State Highway Patrol (MSHP).

Clerks are required by statute to report a disposition on certain moving traffic violations. The reporting updates the following repository of information at the state level:

Record of Conviction (ROC) Reporting - Dispositions under Chapter 302, RSMo, and Section 307.177, RSMo

The following traffic case dispositions must be reported within 7 days from the date of conviction

Note: Refer to the Missouri Charge Code Manual ROC (Records of Conviction) column to determine if a charge is reportable. Note: A conviction with “hazardous material” (the HAZ MAT field checked on the uniform citation) involvement should be processed as a commercial vehicle violation regardless of the vehicle type. Note: The Federal Motor Carrier Safety Improvement Act (MCSIA), 49 CFR 383, requires reporting all traffic control violations, other than parking, committed by any person holding a Commercial Drivers License (CDL) or driving a Commercial Motor Vehicle (CMV). Reporting all violations committed by CDL holders or persons in a CMV allows Missouri to meet the MCSIA reporting requirements.

§ For any reportable offenses, ALL dispositions must be reported.

Bond Forfeiture Judgments (Section 302.010, RSMo)

When a forfeiture judgment is entered on a traffic case, JIS will send the appropriate electronic disposition report to DOR. Upon receipt of the
information, DOR will treat the forfeiture as a conviction and assess points against the person’s driving record for the reportable traffic offense charged.
(See section 2.3 Bond Forfeitures)

The Uniform Citation’s Abstract of Court Record provides a convenient form for reporting traffic case disposition or bond forfeiture information to DOR or the MSHP. The information required by MSHP and DOR, as well as the optional information, is identified on the Abstract of Court Record form. An Abstract of Court Record is at the end of this section, including instructions for completion.

The Record of Conviction (ROC) form is used to report traffic case dispositions when the Abstract of Court Record is unavailable for use. A supply of forms may be obtained from DOR’s web site at https://stateofmissouri.wufoo.com/forms/dor-request-for-mail-order-forms/. The information required by MSHP and DOR, as well as the optional information, is identified on the Record of Conviction form. A Record of Conviction form (DOR-152) is at the end of this section.

Send the Abstract of Court Record or Record of Conviction or, if approved, an electronic file containing the traffic dispositions to DOR for traffic citation disposition reporting. DOR must receive the record within 7 days of the conviction. The record sent to DOR is processed appropriately for any administrative action on the driving record.

Note: Any disposition (including a Suspended Imposition of Sentence – SIS) should be reported immediately and should not be held until probation is completed or fines have been paid in full.

Whether the prosecutor initiates a case by filing an information or the Uniform Citation, the disposition record must be sent to DOR.

DOR will forward the same record to MSHP for updating DWITS.

Courts that are using a state approved case management software system that would like to send information electronically to DOR should contact their vendor. DOR will work with the vendor to establish an interface with the court case management software system. When established, DOR will contact the court for each city’s ordinance violation codes. At that time the court should enroll in the encrypted email service, Proofpoint, provided by DOR by calling 573-526-2555. Proofpoint encrypts the court’s email so electronic reporting information can be sent confidentially to DOR

Clerk’s Duties/Procedures

1. Use the reverse side of the Uniform Citation, the Abstract of Court Record (ACR) for reporting purposes. Report disposition information on the ACR or a ROC form to the Department of Revenue within 7 days of disposition to the following address:

2. File the copy of the Abstract of Court Record or Record of Conviction in the case file.

3. Enter relevant details on the backer sheet indicating the Abstract or ROC was mailed or transmitted to DOR.

4. File the case with other disposed records according to disposition and record retention requirements.

Note: The above reporting does not meet the criminal history reporting required under section 479.172, RSMo, nor the bi-annual report of intoxication-related traffic offenses to the circuit court. For criminal history reporting, see section 3.3 Criminal History Disposition Reporting of this manual. For the bi-annual reporting to the circuit court, see section 1.4 Administrative Procedures Reporting Requirements of this manual.

Forms
Abstract of Court Record Instructions (Front and Back)
CR 285 Record of Conviction