SB 899 - This act modifies Missouri Supreme Court rules relating to criminal procedure.PROCEDURE APPLICABLE TO MISDEMEANORS (Rule 21.03, 21.04, 21.05, 21.06, 21.09, and 21.10)
This act repeals a rule requiring the issuance of a summons following an information or indictment against a corporation for the commission of a misdemeanor. Additionally, this act repeals the requirement that the court take into account certain factors when setting the condition or combination of conditions of release following an issuance of a warrant.
Under current rules, if a warrant is requested, a statement of probable cause shall state facts that will support a finding of reasonable grounds to believe the defendant will not appear upon a summons or that the defendant poses a danger to victims, the community, or any other person. This provision is repealed by this act.
Additionally, this act provides that a person arrested for a misdemeanor shall be brought before the judge as soon as practicable, instead of no later than 48 hours after the defendant's confinement. This act repeals the provisions that in the initial appearance a defendant shall be informed of the conditions of release and that a warrant may be issued upon any violation. This act repeals the provision that if the defendant is unable to meet conditions of release, the court may modify the conditions.
This act repeals the requirement that the court ensure a defendant is fingerprinted and processed by the appropriate law enforcement agency if the defendant has appeared on summons and the offense is required to be given an offense cycle number.
PROCEDURE APPLICABLE TO FELONIES (Rules 22.03, 22.04, 22.05, 22.07, 22.08, and 22.09)
Currently, when a warrant is requested, a statement of probable cause for a felony is required to state facts that will support a finding of reasonable grounds that the defendant will not appear or that the defendant poses a danger to victims, the community, or any other person.
Under current law, when a complaint is filed and sufficient facts have been stated to show probable cause that a felony has been committed, a summons shall be issued and a warrant may only be issued if such reasonable grounds are found by the court. This act repeals these provisions and provides that, unless the court orders the issuance of a summons, a warrant for the arrest of the defendant shall be issued upon the filing of a complaint and a finding by the court that sufficient facts have been stated to show probable cause. This act repeals the provision that if a warrant is issued, the court shall take into account certain factors when setting the condition or combination of conditions of release following an issuance of a warrant.
Under this act, a person arrested for a felony shall be brought in as soon as practicable before the court, instead of no later than 48 hours after the defendant's confinement. This act repeals the provision that a defendant must be informed of the conditions of release at his or her initial appearance and that a warrant may be issued for violation of conditions.
Finally, this act repeals the provision that a defendant must be fingerprinted and processed by the appropriate law enforcement agency if the defendant has appeared on summons and the offense is required to be given an offense cycle number.
RULES RELATING TO RELEASE PENDING FURTHER PROCEEDINGS (Rules 33.01, 33.02, 33.04, 33.05, 33.06, 33.07, 33.08, 33.09, 33.10, and 33.11)
This act provides that any person convicted of a bailable offense shall be released pending trial. Additionally, any person convicted of an offense entitled to be released upon appeal shall be released until the adoption by the court of an opinion affirming the judgment of conviction. The affirming court may permit the defendant to remain on bond after affirmance pending determination of after-affirmance motions.
Under the current rules, if a release will not secure the appearance of a defendant, the court shall not set or impose any condition of release greater than necessary to secure the defendant's appearance. When considering the least restrictive conditions to be imposed, the court shall consider non-monetary conditions before monetary ones. This act repeals these provisions. Under this act, the court shall set conditions that will reasonable assure appearance of the accused.
Additionally, electronic monitoring, drug or alcohol testing, ignition interlock devices, employment requirement, a specified curfew, the prohibition of the possession of firearms, drugs, or alcohol, medical, psychological or psychiatric treatment, home supervision, and certain bonds to secure the defendant's appearance are removed from the listed conditions of release. This act also repeals a provision outlining the detainment of a defendant if no combination of non-monetary and monetary conditions will secure the safety of the community.
This act requires that a warrant state a condition of release and, in the case that no condition of release is stated, the sheriff may set the condition. This act provides that a person, who continues to be detained as a result of his inability to meet the conditions of release, shall be entitled to have the conditions promptly reviewed by the court, instead of a hearing occurring no later than seven days after the initial appearance.
Under this act, when the court increases or adds new requirements for release, the accused may be remanded back into custody of the sheriff until he or she complies with the conditions. The accused is entitled, upon application, to a hearing before the judge concerning the warrant for arrest.
Finally, this act repeals the provisions that if the defendant has not had an initial appearance before a judge he or she shall be brought in for an appearance no later than 48 hours after confinement or no later than seven days if the defendant had a previous initial appearance. This act repeals this provision.
This act is identical to HB 1937 (2020).
MARY GRACE BRUNTRAGER