SB 288 - This act provides that the following shall apply when a judge or judicial officer sets bail in all courts in Missouri and shall be applicable to all offenses charged:

• When setting bail and conditions of release, consideration of public safety shall be the paramount consideration;

• There shall be no requirement that anything but probable cause be established for an arrest warrant to be sought and issued;

• A release on one's own recognizance shall consist of the defendant's signature and promise to appear in court and also to comply with all non-monetary conditions of release without having to post any cash, surety, or property as security;

• There shall be no presumptions in favor of release on one's own recognizance in any category of offenses, specific offenses, or gradations of offenses; and

• There shall be a presumption against release on one's own recognizance with or without non-monetary conditions of release that may be overcome by clear and convincing evidence that a person is not a flight risk or danger to the community as provided in the act.

Additionally, partially secured bonds, bonds in the sum of 10% to the court, or unsecured bonds shall not be permitted in Missouri. A judge shall set bail in a single monetary amount, which shall be fully secured by the defendant in a method of the defendant's choosing.

Finally, attorneys shall not be permitted to recover, nor courts allowed to enforce, any lien or claim on bail proceeds deposited with the court. All proceeds shall be returned to the defendant upon release of the bond.

This act is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and to SB 888 (2022), SB 505 (2021), and HB 946 (2021) and similar to provisions in SCS/HB 2088, et al (2022), SCS/HB 2697, et al (2022), SB 1093 (2022), and HB 1637 (2022).


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