reglab/housing_qa huggingface dataset:
MO Rev Stat § 544.640 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.640 - Recognizance forfeited, when.

Effective - 28 Aug 1939   544.640. Recognizance forfeited, when. — If, without sufficient cause or excuse, the defendant fails to appear for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, according to the condition of his recognizance, the court must direct the fact to be entered upon its minutes, and thereupon the recognizance is forfeited, and the same shall be proceeded upon by scire facias to final judgment and execution thereon, although the defendant may be afterward arrested on the original charge, unless remitted by the court for cause shown. ­­-------- (RSMo 1939 § 3973)  Prior revisions: 1929 § 3584; 1919 § 3927; 1909 § 5134  (1954) Words "unless remitted by the court for cause shown" relate to the whole of § 544.640 and trial court, while the matter is pending before it, may for cause remit the penalty before final judgment but such remission must be based on proof of extraordinary and unusual circumstances. State v. Salisbury, 364 Mo. 1039, 271 S.W.2d 522.  (1961) Where defendant failed to appear on misdemeanor charge at time fixed in his bond, the bond could be forfeited, notwithstanding his attorney appeared and the information in the case was dismissed as being insufficient. State v. Norton (Mo.), 347 S.W.2d 849. (1973) Incarceration of defendant in another state is not circumstance which will discharge his surety as a matter of law. State v. Jones (Mo.), 491 S.W.2d 241. (1974) Only grounds for discharge of a surety on a bail bond are failure to appear because of (1) an act of God, (2) an act of law, (3) an act of an obligee. State owes no duty to have party returned under agreement on detainers in order to avoid forfeiture of bond. State v. Patterson (A.), 508 S.W.2d 304. (1974) Held that release of surety on bond is mandatory where defendant is produced in open court after forfeiture of bond but before a judgment on the forfeiture. Proper venue for action on the bond is in court of county where action commenced, not in county to which action was transferred on change of venue. State v. Street (A.), 510 S.W.2d 225. (1974) Held that court is not required to have either accused or his bondsman called prior to forfeiture of bail. State v. Henderson (A.), 512 S.W.2d 218. (1980) After the police had obtained custody of defendant and a bail bond forfeiture proceeding is subsequently held, the court is not required to release surety from liability. State v. Armstrong (A.), 605 S.W.2d 526.
MO Rev Stat § 544.650 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.650 - Writ of scire facias, how served.

Effective - 28 Aug 1939   544.650. Writ of scire facias, how served. — Whenever any bail bond or recognizance has been given or entered into in any criminal proceedings, conditioned for the appearance of any person charged with, indicted for or convicted of any criminal offense, or for any other purpose, and the conditions thereof shall become broken or the same shall be forfeited, it shall be lawful and sufficient to serve the writ of scire facias or other writ or process which may be issued in such proceeding, either by delivering a duly certified copy of such writ or process to the person therein named, or by leaving such duly certified copy of such writ or process at the usual place of abode of the person therein named, with a member of his family over the age of fifteen years. ­­-------- (RSMo 1939 § 3974)  Prior revisions: 1929 § 3585; 1919 § 3928; 1909 § 5135
MO Rev Stat § 544.660 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.660 - Writs of scire facias, service construed.

Effective - 28 Aug 1939   544.660. Writs of scire facias, service construed. — Whenever two successive writs of scire facias shall have been issued upon any forfeited recognizance or bail bond, and return shall be made on each of said writs by the sheriff or marshal that any of the parties therein cannot be found, such two returns shall be deemed a sufficient service upon the person as to whom such returns were made. ­­-------- (RSMo 1939 § 3975)  Prior revisions: 1929 § 3586; 1919 § 3929; 1909 § 5136
MO Rev Stat § 544.665 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.665 - Failure to appear, penalty.

Effective - 01 Jan 2017, 2 histories   544.665. Failure to appear, penalty. — 1. In addition to the forfeiture of any security which was given or pledged for a person's release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law while pending preliminary hearing, trial, sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter against him or her, knowingly fails to appear before any court or judicial officer as required shall be guilty of the crime of failure to appear.  2. Failure to appear is:  (1) A class E felony if the criminal matter for which the person was released included a felony;  (2) A class A misdemeanor if the criminal matter for which the person was released includes a misdemeanor or misdemeanors but no felony or felonies;  (3) An infraction if the criminal matter for which the person was released includes only an infraction or infractions;  (4) An infraction if the criminal matter for which the person was released includes only the violation of a municipal ordinance, provided that the sentence imposed shall not exceed the maximum fine which could be imposed for the municipal ordinance for which the accused was arrested.  3. Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt. ­­-------- (L. 1972 H.B. 1160, A.L. 1996 H.B. 1047, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 544.671 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.671 - Certain defendants not entitled to bail for certain offenses.

Effective - 05 Jun 2006   544.671. Certain defendants not entitled to bail for certain offenses. — Notwithstanding any supreme court rule or judicial ruling to the contrary, no defendant under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065*, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040, shall be entitled to bail pending appeal after June 29, 1994. Pursuant to the prerogative of the general assembly to declare the public policy of this state in matters regarding criminal liability of persons and to enact laws relating to judicial procedure, the general assembly declares that subsequent to June 29, 1994, no person shall be entitled to bail or continuation of bail pursuant to section 547.170 if that person is under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065*, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040. ­­-------- (L. 1994 S.B. 763 § 2, A.L. 2006 H.B. 1698, et al.)  Effective 6-05-06  *Section 195.222 was transferred to section 579.065 by S.B. 491, 2014, effective 1-01-17.
MO Rev Stat § 544.676 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 544 - Arrest, Examination, Commitment and Bail|Section 544.676 - Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit.

Effective - 28 Aug 1994   544.676. Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit. — 1. Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.  2. In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:  (1) The defendant's criminal record;  (2) Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;  (3) The nature and circumstances of the crime for which bail is being sought.  3. A defendant who is denied bail because he poses a danger to a crime victim, witness, or the community shall, upon written request filed at arraignment, be entitled to a trial which begins within one hundred twenty days of his arraignment or within one hundred twenty days of an order granting a change of venue, whichever occurs later. The provisions of this subsection shall be waived and of no effect if the defendant requests and receives a continuance or if bail is set for the defendant. ­­-------- (L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)
MO Rev Stat § 545.010 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.010 - Felonies and misdemeanors may be prosecuted by indictment or information, exceptions.

Effective - 28 Aug 1984   545.010. Felonies and misdemeanors may be prosecuted by indictment or information, exceptions. — All felonies shall be prosecuted by indictment or information, except in cases arising in the land, air or naval forces, or in the militia as provided in sections 40.005 to 40.490; and all misdemeanors shall be prosecuted by indictment or by information in the courts having jurisdiction thereof. But that mode of procedure which shall be first instituted by the filing of the indictment or information for any offense shall be pursued to the exclusion of the other, so long as the same shall be pending and undetermined; and the court in which the prosecution shall be first commenced by the filing therein of the indictment or information, and the issuing of a warrant thereon, shall retain jurisdiction and control of the cause to the exclusion of any other court so long as the same shall be pending and undisposed of; provided, that misdemeanors for violation of general laws of this state shall in no case be prosecuted in any police or recorder's court, any provision of any special city charter to the contrary notwithstanding; provided, that the last mentioned provision of this section shall only apply to cities having a population of not less than fifty thousand and not exceeding three hundred thousand inhabitants. ­­-------- (RSMo 1939 § 3892, A.L. 1984 H.B. 1035)  Prior revisions: 1929 § 3502; 1919 § 3847; 1909 § 5055  CROSS REFERENCES:  Liquor laws, indictment for violation to contain what, 311.770  Preliminary examination required, when, 544.250  Prosecutions by indictment or information, Const. Art. I § 17  (1984) Filing of a complaint in circuit court charging defendant with capital murder did not give defendant a constitutional right to a preliminary hearing if the prosecution chose to seek an indictment by grand jury for the same crime. State v. Thomas (Mo.App.E.D.), 674 S.W.2d 131.
MO Rev Stat § 545.015 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.015 - Definitions.

Effective - 02 Jan 1979   545.015. Definitions. — As used in chapter 545, unless the context clearly requires otherwise:  (1) "Magistrate" means associate circuit judge;  (2) "Circuit court" means a division of the circuit court presided over by a circuit judge; and  (3) "Judge of the circuit court" means a circuit judge. ­­-------- (L. 1978 H.B. 1634)  Effective 1-02-79
MO Rev Stat § 545.020 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.020 - Recovery of fine or forfeiture, how.

Effective - 28 Aug 1939   545.020. Recovery of fine or forfeiture, how. — Whenever a fine, penalty or forfeiture is or may be inflicted by any statute of this state for any offense, the same may be recovered by indictment or information, notwithstanding another or different remedy for the recovery of the same may be specified in the law imposing the fine, penalty or forfeiture; provided, that in all cases the fine, penalty or forfeiture shall go to the state, county, corporation, person or persons to whom the law imposing the same declares it shall accrue. ­­-------- (RSMo 1939 § 4860)  Prior revisions: 1929 § 4467; 1919 § 3708; 1909 § 4919  CROSS REFERENCE:  Trespass, penalties and damages may be recovered by indictment or information, 537.370  (1967) Where a continuance is granted upon the defendant's application, or because of some other action on his part, or upon the order of the court, not requested by the state, it is not a ground for discharge under the statute. Where a case is not tried at one or more terms, and the record is completely silent as to the reason why it was not tried, it is presumed, in the absence of proof to the contrary, that the failure of the state to try the case during such term or terms, was not due to laches on the part of the state. State v. Barlish (A.), 421 S.W.2d 558.
MO Rev Stat § 545.040 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.040 - Indictments signed by whom.

Effective - 28 Aug 1997   545.040. Indictments signed by whom. — Every indictment must be attributed to the prosecuting attorney, and when the grand jury returns* any indictment into the court the judge must examine it, and if the foreman has neglected to endorse it "a true bill", with his name affixed thereto, or if the prosecuting attorney has not affixed his or her name to the indictment, the court must cause the foreman to affix his or her name or the prosecuting attorney to affix his or her name, as the case may require. ­­-------- (RSMo 1939 § 3929, A.L. 1997 S.B. 248)  Prior revisions: 1929 § 3540; 1919 § 3885; 1909 § 5093  *Word "return" appears in original rolls.  CROSS REFERENCE:  Proceedings before grand jury, Chap. 540
MO Rev Stat § 545.050 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.050 - Name of prosecutor on indictment, when.

Effective - 28 Aug 2009   545.050. Name of prosecutor on indictment, when. — No indictment for any trespass against the person or property of another, not amounting to a felony, except for petit larceny, and no indictment for the disturbance of the peace of a person, or for libel or slander, shall be preferred unless the name of a prosecutor is affixed thereto, thus: "A B, prosecutor", except where the same is preferred upon the information and testimony of one or more grand jurors, or of some public officer in the necessary discharge of his or her duty. ­­-------- (RSMo 1939 § 3931, A.L. 1997 S.B. 248, A.L. 2009 H.B. 62 merged with H.B. 481)  Prior revisions: 1929 § 3542; 1919 § 3887; 1909 § 5095
MO Rev Stat § 545.060 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.060 - Indictment to have name of prosecutor — by whom made — effect of failure.

Effective - 28 Aug 1997   545.060. Indictment to have name of prosecutor — by whom made — effect of failure. — The name of the prosecutor must be affixed to such indictment; but no indictment shall be quashed for the want of affixing such name, if the same shall be made before the motion to quash is disposed of, and in no case shall the judgment be arrested or the trial discontinued after it has been commenced, for the want of such endorsement. ­­-------- (RSMo 1939 § 3932, A.L. 1997 S.B. 248)  Prior revisions: 1929 § 3543; 1919 § 3888; 1909 § 5096
MO Rev Stat § 545.070 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.070 - Names of witnesses must be affixed to indictment.

Effective - 28 Aug 1997   545.070. Names of witnesses must be affixed to indictment. — When an indictment is found by the grand jury, the names of all the material witnesses must be affixed to the indictment; other witnesses may be subpoenaed or sworn by the state, but no continuance shall be granted to the state on account of the absence of any witness whose name is not affixed to the indictment, unless upon the affidavit of the prosecuting attorney showing good cause for such continuance. ­­-------- (RSMo 1939 § 3933, A.L. 1997 S.B. 248)  Prior revisions: 1929 § 3544; 1919 § 3889; 1909 § 5097
MO Rev Stat § 545.080 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.080 - Indictments, when not to be made public.

Effective - 28 Aug 1939   545.080. Indictments, when not to be made public. — When any indictment shall be found against any person for a felony or misdemeanor, not being in actual confinement, or held by recognizance to answer thereto, such indictment shall not be open to the inspection of any person except the judge and clerk of the court and the prosecuting attorney; nor shall it be docketed or entered upon the minutes or records of the court until the defendant therein shall have been arrested. ­­-------- (RSMo 1939 § 3936)  Prior revisions: 1929 § 3547; 1919 § 3892; 1909 § 5099  CROSS REFERENCE:  Grand jury, penalty for disclosing evidence or indictments, 540.320
MO Rev Stat § 545.090 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.090 - Judges and others forbidden to disclose finding of indictment.

Effective - 28 Aug 1939   545.090. Judges and others forbidden to disclose finding of indictment. — No judge, prosecuting attorney, or other officer of any court, shall disclose the fact of any such indictment being found until the defendant therein shall have been arrested or recognized to answer the same; and any person violating this provision shall be deemed guilty of a misdemeanor. ­­-------- (RSMo 1939 § 3937)  Prior revisions: 1929 § 3548; 1919 § 3893; 1909 § 5100
MO Rev Stat § 545.100 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.100 - Officer may make disclosure, when.

Effective - 28 Aug 1939   545.100. Officer may make disclosure, when. — Sections 545.080 and 545.090 shall not extend to any officer making any such disclosure by the issuing or in the execution of any process on such indictment, or in any other way, when it shall become necessary in the discharge of any official duty. ­­-------- (RSMo 1939 § 3938)  Prior revisions: 1929 § 3549; 1919 § 3894; 1909 § 5101
MO Rev Stat § 545.110 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.110 - Second indictment suspends first, when.

Effective - 28 Aug 1939   545.110. Second indictment suspends first, when. — If there be at any time pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended by such second indictment, and shall be quashed. ­­-------- (RSMo 1939 § 3939)  Prior revisions: 1929 § 3550; 1919 § 3895; 1909 § 5102  (1954) An indictment is "found" within this section at the time it is returned into court and not at the time it is voted by the grand jury. State v. Brown, 364 Mo. 759, 267 S.W.2d 682.
MO Rev Stat § 545.130 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.130 - Different degrees of same offense may be incorporated.

Effective - 28 Aug 1939   545.130. Different degrees of same offense may be incorporated. — When, by law, an offense comprises different degrees, an indictment may contain counts for the different degrees of the same offense, or for any of such degrees. ­­-------- (RSMo 1939 § 3941)  Prior revisions: 1929 § 3552; 1919 § 3897; 1909 § 5104
MO Rev Stat § 545.140 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.140 - Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined.

Effective - 28 Aug 2020, 2 histories   545.140. Two or more persons and offenses may be charged in same indictment, when — separate counts for each offense — all defendants need not be joined in each count — separate trials, when — substantial prejudice, defined. — 1. Notwithstanding Missouri supreme court rule 24.06, two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.  2. Notwithstanding Missouri supreme court rule 24.07, two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or infractions, or any combination thereof, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan.  3. Two or more defendants shall not be charged in the same indictment or information if substantial prejudice should result. For purposes of this section, "substantial prejudice" shall mean a bias or discrimination against one or more defendants or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.  4. If two or more defendants are charged with being joint participants in a conspiracy charged under section 562.014, it shall be presumed that there is no substantial prejudice from them being charged in the same indictment or information or from them being tried together. ­­-------- (RSMo 1939 § 3942, A.L. 1984 S.B. 602, A.L. 2020 S.B. 600)  Prior revisions: 1929 § 3553; 1919 § 3898; 1909 § 5105
MO Rev Stat § 545.150 (2021)
2021 Missouri Revised Statutes|Title XXXVII - Criminal Procedure|Chapter 545 - Proceedings Before Trial|Section 545.150 - Indictments in relation to property belonging to several owners.

Effective - 28 Aug 1939   545.150. Indictments in relation to property belonging to several owners. — When any offense shall be committed upon or in relation to any property belonging to several partners or owners, the indictment or information for such offense shall be deemed sufficient if it allege such property to belong to any one or more of such partners or owners, without naming all of them. ­­-------- (RSMo 1939 § 3943)  Prior revisions: 1929 § 3554; 1919 § 3899; 1909 § 5106