reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.250 - True bill — concurrence by nine grand jurors.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.250. True bill — concurrence by nine grand jurors. —
No indictment can be found without the concurrence of at least nine grand jurors. When so found, and not otherwise, the foreperson of the grand jury shall certify under his hand that such indictment is a true bill, by the following endorsement thereon, thus: "A true bill. A B, foreperson".
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(RSMo 1939 § 3926, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3537; 1919 § 3882; 1909 § 5090
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.260 - Indictment not a true bill, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.260. Indictment not a true bill, when. —
When there is not a concurrence of nine grand jurors in finding an indictment, the foreperson shall certify, under his hand, that such an indictment is not a true bill.
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(RSMo 1939 § 3927, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3538; 1919 § 3883; 1909 § 5091
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.270 - Indictments — presented to court — filed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.270. Indictments — presented to court — filed. —
Indictments found and presentments made by a grand jury shall be presented by their foreperson, in their presence, to the court, and shall be there filed and remain as records of such court.
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(RSMo 1939 § 3928, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3539; 1919 § 3884; 1909 § 5092
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.300 - Grand jurors required to testify, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1989
540.300. Grand jurors required to testify, when. —
Members of the grand jury may be required by any court to testify whether the testimony of a witness examined before such jury is consistent with or different from the evidence given by such witness before such court. They may also be required to disclose the testimony given before them by any person, upon a complaint against such person for perjury, or upon his trial for such offense.
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(RSMo 1939 § 3922, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3533; 1919 § 3878; 1909 § 5086
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.310 - Cannot be compelled to disclose vote.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1939
540.310. Cannot be compelled to disclose vote. —
No member of a grand jury shall be obliged or allowed to testify or declare in what manner he or any other member of the grand jury voted on any question before them, or what opinions were expressed by any juror in relation to any such question.
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(RSMo 1939 § 3923)
Prior revisions: 1929 § 3534; 1919 § 3879; 1909 § 5087
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.320 - Grand juror not to disclose evidence — penalty.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
• Effective - 28 Aug 1989
540.320. Grand juror not to disclose evidence — penalty. —
No grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto; nor shall he disclose the fact of any indictment having been found against any person for a felony, not in actual confinement, until the defendant shall have been arrested thereon. Any juror violating the provisions of this section shall be deemed guilty of a class A misdemeanor.
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(RSMo 1939 § 3924, A.L. 1989 S.B. 127, et al.)
Prior revisions: 1929 § 3535; 1919 § 3880; 1909 § 5088
(1959) Proceedings before grand jury, other than matters within antidisclosure provisions of section 540.310, held admissible in evidence in quo warranto proceeding to oust prosecuting attorney. State ex inf. Dalton v. Moody (Mo.), 325 S.W.2d 21.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.330 - Charge to grand jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1939
540.330. Charge to grand jury. —
In charging grand juries, the court shall apprise them of the provisions of sections 540.300 to 540.320, in relation to disclosures, and in what cases and under what circumstances any disclosures may or may not be made.
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(RSMo 1939 § 3925)
Prior revisions: 1929 § 3536; 1919 § 3881; 1909 § 5089
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 540 - Grand Juries and Their Proceedings › Section 540.331 - Lists of tangible personal property — authority of grand jury (first class counties).

Title XXXVII CRIMINAL PROCEDURE
Chapter 540
Effective - 28 Aug 1989
540.331. Lists of tangible personal property — authority of grand jury (first class counties). —
The circuit judge exercising criminal jurisdiction shall give the lists prepared in accordance with section 137.155 or 137.360, in charge of the grand jury, who shall have the authority to examine such list of property with a view of inquiring into the correctness of such list. No such list shall be altered, changed or amended after it is filed with the county clerk, except by order of the county commission. Any person who alters, changes or amends any such list without such order shall upon conviction be deemed guilty of a class A misdemeanor. Every county clerk or deputy county clerk who shall knowingly permit any such list to be altered, changed or amended without such order shall forfeit one hundred dollars, to be recovered by suit upon his official bond.
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(L. 1989 S.B. 127, et al. § 540.330)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.010 - Code applicable, when and where.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 02 Jan 1979, see footnote
541.010. Code applicable, when and where. —
The provisions of this code applicable to circuit judges shall also be applicable to any other judges of the circuit court in all criminal cases when no other or different provision is made by law for the government and control of such judges.
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(RSMo 1939 § 4158, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3768; 1919 § 4114; 1909 § 5319
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.015 - Jurisdiction of associate circuit judges.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 02 Jan 1979, see footnote
541.015. Jurisdiction of associate circuit judges. —
Associate circuit judges may hear and determine originally, with circuit judges, coextensive with their respective counties, all cases of misdemeanor and infractions as otherwise provided by law.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.020 - Jurisdiction of circuit courts.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 02 Jan 1979, see footnote
541.020. Jurisdiction of circuit courts. —
Except as otherwise provided by law, the circuit courts shall have exclusive original jurisdiction in all cases of felony, misdemeanor and infractions. Except as otherwise provided by law, circuit judges may hear and determine originally all cases of felony, misdemeanor and infractions and may hear and determine upon a trial de novo cases of misdemeanor and infractions.
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(RSMo 1939 § 3891, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3501; 1919 § 3846; 1909 § 5054
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.033 - Offenses, where prosecuted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 2004
541.033. Offenses, where prosecuted. —
1. Persons accused of committing offenses against the laws of this state, except as may be otherwise provided by law, shall be prosecuted:
(1) In the county in which the offense is committed; or
(2) If the offense is committed partly in one county and partly in another, or if the elements of the crime occur in more than one county, then in any of the counties where any element of the offense occurred.
2. Persons accused of committing the offenses of identity theft against the laws of this state in sections 570.223, 570.224, and 575.120 shall be prosecuted:
(1) In the county in which the offense is committed;
(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred;
(3) In the county in which the victim resides; or
(4) In the county in which the property obtained or attempted to be obtained was located.
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(L. 1965 p. 661 § 1, A.L. 2004 H.B. 959)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.035 - Failure to file reports required by law, where prosecuted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1957
541.035. Failure to file reports required by law, where prosecuted. —
Offenses for failure or refusal to comply with any law requiring a report to be filed or made in or to the state of Missouri, or any department or officer thereof, shall be held to be committed in the county of the residence of the person failing or refusing to file or make such report, except where the person shall reside without the state of Missouri, in which event the unlawful act is deemed to have been committed in the county wherein the report is required by law to be filed.
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(L. 1957 p. 388 § 1)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.040 - Property stolen in another state, prosecution here, jurisdiction.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1955
541.040. Property stolen in another state, prosecution here, jurisdiction. —
Every person who shall steal, or obtain by robbery, the property of another from any other state or country, and shall bring the same into this state, may be convicted and punished for stealing or robbery in the same manner as if the property had been feloniously stolen or taken in this state, and in any such case the stealing or robbery may be charged to have been committed, and every such person may be prosecuted in any county into or through which such stolen property shall be brought.
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(RSMo 1939 § 4837, A.L. 1955 p. 515)
Prior revisions: 1929 § 4444; 1919 § 3685; 1909 § 4896
(1957) Information charging that larceny occurred in the county into which the property was brought even though property was stolen in another state, held sufficient under this section. State v. Dobson (Mo.), 303 S.W.2d 650; cert. den. 355 U.S. 964, 78 S.Ct. 554.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.050 - Stealing — prior trial in other state a bar.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.050. Stealing — prior trial in other state a bar. —
Every person prosecuted under section 541.040 may plead a former conviction or acquittal for the same offense in another state or country, and if such plea be admitted or established, it shall be a bar to any other or further proceedings against such person.
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(RSMo 1939 § 4838)
Prior revisions: 1929 § 4445; 1919 § 3686; 1909 § 4897
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.060 - Receipt of stolen or embezzled property — trial, where held.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.060. Receipt of stolen or embezzled property — trial, where held. —
When any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicated, tried and convicted in any county where he received or had such property, notwithstanding such theft or embezzlement was committed in another county.
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(RSMo 1939 § 3768)
Prior revisions: 1929 § 3378; 1919 § 3723; 1909 § 4934
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.070 - Property stolen in one county taken to another, jurisdiction — wrongfully taken, defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1993
541.070. Property stolen in one county taken to another, jurisdiction — wrongfully taken, defined. —
1. When property is stolen or wrongfully taken the offender may be prosecuted for any offense in connection with such property in the county from which the property was obtained or in any county into which the property is taken in the same manner as if such offense had been committed in that county.
2. As used in this section, the term
"wrongfully taken"
means obtained through any trick or deception or the commission of any crime involving stealing, forcibly stealing or depriving the rightful owner of the use of the property of another. This term shall include, but is not limited to, the crimes of robbery, burglary, stealing, tampering, property damage and failure to return leased or rented property.
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(RSMo 1939 § 3769, A.L. 1955 p. 514, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 3379; 1919 § 3724; 1909 § 4935
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.080 - Party wounded in one county and dying in another.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.080. Party wounded in one county and dying in another. —
When any mortal wound shall be given, or any poison shall be administered, or any means shall be employed in one county by which any human being shall be killed, who shall die thereof in another county, an indictment for such offense may be found in either county, and the same proceedings shall be had thereon, in all respects, as if the offense had been commenced and consummated in the county in which such indictment shall be found.
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(RSMo 1939 § 3770)
Prior revisions: 1929 § 3380; 1919 § 3725; 1909 § 4936
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.090 - Party wounded in this state and dying in another.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.090. Party wounded in this state and dying in another. —
If any such wound or mortal injury shall be inflicted on any human being in this state, who shall die thereof in another state, an indictment may be found, and a trial and conviction thereon had, in the county in which the wound or mortal injury was given or inflicted, in all respects as if the death happened in such county.
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(RSMo 1939 § 3771)
Prior revisions: 1929 § 3381; 1919 § 3726; 1909 § 4937
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.100 - Wounded in another state and dying in this.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.100. Wounded in another state and dying in this. —
If any such wound or mortal injury shall have been inflicted in another state on any human being who shall die thereof within this state, an indictment may be found and a trial and conviction thereon had, in the county in which the death happened, in all respects as if the wound or injury had been inflicted in such county.
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(RSMo 1939 § 3772)
Prior revisions: 1929 § 3382; 1919 § 3727; 1909 § 4938
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.110 - Accessory to felony, where indicted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.110. Accessory to felony, where indicted. —
An indictment against an accessory to any felony may be found in any county where the offense of such accessory shall have been committed, notwithstanding the principal offense may have been committed in another county; and the like proceedings shall be had therein, in all respects, as if the principal offense had been committed in the same county.
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(RSMo 1939 § 3773)
Prior revisions: 1929 § 3383; 1919 § 3728; 1909 § 4939
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.120 - Prosecution in wrong county — duty of court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1939
541.120. Prosecution in wrong county — duty of court. —
When it appears at any time before verdict or judgment that the defendant is prosecuted in a county not having jurisdiction of the offense, the court may order that all the papers and proceedings be certified and transmitted to the proper court of the proper county, and recognize the defendant to appear before such court on the first day of the next term thereof, to await the action of the grand jury. The witnesses shall also be recognized to appear at such court, that the prosecution may be proceeded with as provided by law.
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(RSMo 1939 § 3774)
Prior revisions: 1929 § 3384; 1919 § 3729; 1909 § 4940
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.130 - Jury discharged without prejudice, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1939
541.130. Jury discharged without prejudice, when. —
When a jury has been impaneled in the case contemplated in section 541.120, such jury shall be discharged without prejudice to the prosecution.
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(RSMo 1939 § 3775)
Prior revisions: 1929 § 3385; 1919 § 3730; 1909 § 4941
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.140 - Prisoner to be removed to proper county.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1939
541.140. Prisoner to be removed to proper county. —
If the defendant be in actual custody or confinement, the body of the defendant shall be removed to the jail of the proper county, in like manner and with like effect, in all respects, as in cases of change of venue.
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(RSMo 1939 § 3776)
Prior revisions: 1929 § 3386; 1919 § 3731; 1909 § 4942
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.150 - Change in venue law applicable.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.150. Change in venue law applicable. —
The provisions of law relating to changes of venue shall, in all respects, as far as they may be applicable, govern in cases provided in sections 541.120 to 541.140; and the defendant, officers and witnesses shall be subject to the same duties and penalties as are enjoined and inflicted by law upon like persons, as in cases of change of venue.
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(RSMo 1939 § 3777)
Prior revisions: 1929 § 3387; 1919 § 3732; 1909 § 4943
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.155 - Fraudulent use of a credit device, where prosecuted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 2002
541.155. Fraudulent use of a credit device, where prosecuted. —
Any person charged with fraudulent use of a credit device, or any stealing offense in which another person's credit card number, check, or checking account number was fraudulently used for the purpose of obtaining property or services of another, shall be prosecuted:
(1) In the county in which the offense is committed; or
(2) If the offense is committed partly in one county and partly in another, or if the elements of the offense occur in more than one county, then in any of the counties where any element of the offense occurred; or
(3) In the county in which the defendant resides; or
(4) In the county in which the victim resides; or
(5) In the county in which the property obtained or attempted to be obtained was located.
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(L. 2002 S.B. 895)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.160 - Concurrent jurisdiction in certain territories (Missouri).

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1939
541.160. Concurrent jurisdiction in certain territories (Missouri). —
Where the St. Francis River or the meanderings of said river border on or form the boundary line between any counties in the state of Arkansas and the state of Missouri, the state of Missouri shall have concurrent jurisdiction over any and all violations of the criminal laws of the state of Missouri, on and to the west meandering lines of the St. Francis River.
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(RSMo 1939 § 3778)
Prior revisions: 1929 § 3388; 1919 § 3733
For comparable Arkansas statute, see § 43.1403 Arkansas Statutes 1947
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.170 - Concurrent jurisdiction in certain territories (Arkansas).

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
• Effective - 28 Aug 1939
541.170. Concurrent jurisdiction in certain territories (Arkansas). —
Wherever the St. Francis River or the meanderings of said river border on or form the boundary lines between any county in the state of Missouri and the state of Arkansas, the state of Arkansas shall have concurrent jurisdiction of all violations of the criminal laws of the state of Arkansas to the east boundary of the meandering lines of the St. Francis River.
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(RSMo 1939 § 3779)
Prior revisions: 1929 § 3389; 1919 § 3734
For comparable Arkansas statute, see § 43.1403 Arkansas Statutes 1947
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.180 - Missouri and Arkansas to have concurrent jurisdiction.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1939
541.180. Missouri and Arkansas to have concurrent jurisdiction. —
The state of Missouri and the state of Arkansas shall have concurrent jurisdiction over all violations of the criminal laws of said states embraced within the provisions of sections 541.160 and 541.170.
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(RSMo 1939 § 3780)
Prior revisions: 1929 § 3390; 1919 § 3735
For comparable Arkansas statute, see § 43.1404 Arkansas Statutes 1947
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 541 - Jurisdiction in Criminal Cases › Section 541.191 - State has jurisdiction over offenses if element of offense or result occurs in state — body of homicide victim found in state, presumption death occurred in state.

Title XXXVII CRIMINAL PROCEDURE
Chapter 541
Effective - 28 Aug 1987
541.191. State has jurisdiction over offenses if element of offense or result occurs in state — body of homicide victim found in state, presumption death occurred in state. —
1. This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which such person is legally accountable if:
(1) Conduct constituting any element of the offense or a result of such conduct occurs within this state; or
(2) The conduct outside this state constitutes an attempt or conspiracy to commit an offense within this state and an act in furtherance of the attempt or conspiracy occurs within this state; or
(3) The conduct within this state constitutes an attempt, solicitation, conspiracy or facilitation to commit or establishes criminal accountability for the commission of an offense in another jurisdiction that is also an offense under the law of this state; or
(4) The offense consists of an omission to perform a duty imposed by the law of this state regardless of the location of the defendant at the time of the offense; and
(5) The offense is a violation of a statute of this state that prohibits conduct outside the state.
2. When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a result within the meaning of subdivision (1) of subsection 1 of this section. If the body of a homicide victim is found in this state it is presumed that the result occurred in this state.
3. This state includes the land and water and the air space above the land and water.
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(L. 1987 H.B. 341 § 1)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.010 - Magistrate defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
Effective - 02 Jan 1979, see footnote
542.010. Magistrate defined. —
The term
"magistrate"
, as used in this chapter, shall mean those officers authorized by section 542.020, to issue process to preserve the peace, unless from the context of the law it appears that the term refers to magistrates created by Section 18 of Article V of the Constitution in effect on and prior to January 1, 1979, in which event the term shall mean an associate circuit judge or division of the circuit court presided over by an associate circuit judge.
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(1949 H.B. 2138 § 542.01, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.020 - Certain officers to preserve peace, issue process.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 02 Jan 1979, see footnote
542.020. Certain officers to preserve peace, issue process. —
The following officers shall have power and jurisdiction to cause to be kept all laws made for the preservation of the public peace, to issue process for the apprehension of persons charged with criminal offenses, and hold them to bail; require persons to give security to keep the peace, and to execute the powers and duties herein conferred in relation thereto: The judges of the supreme court throughout the state; judges of the court of appeals and circuit judges within their respective districts and circuits; associate circuit judges within their respective counties; municipal judges within the limits of their respective municipalities; provided that nothing herein contained shall be so construed as to authorize municipal judges to exercise jurisdiction in prosecutions under the laws of this state, other than those instituted under sections 542.020 to 542.140 for surety to keep the peace.
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(RSMo 1939 § 3791, A.L. 1945 p. 839, A.L. 1947 V. I p. 261, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3401; 1919 § 3746; 1909 § 4954
Effective 1-02-79
CROSS REFERENCE:
Warrants issued by an associate circuit judge need not be sealed, 544.030
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.030 - Warrant may issue, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.030. Warrant may issue, when. —
Whenever complaint shall be made in writing, and upon oath, to any such associate circuit judge, that any person has threatened or is about to commit any offense against the person or property of another, specifying the offense and person complained against, it shall be the duty of the associate circuit judge to issue a warrant, under his hand, reciting the complaint, and commanding the officer to whom it is directed forthwith to apprehend the person so complained of, and bring him before such associate circuit judge.
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(RSMo 1939 § 3792)
Prior revisions: 1929 § 3402; 1919 § 3747; 1909 § 4955
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.040 - Proceedings before associate circuit judge — jury — verdict — recognizance — costs.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1949
542.040. Proceedings before associate circuit judge — jury — verdict — recognizance — costs. —
Upon such person being brought before such associate circuit judge, the associate circuit judge shall summon all witnesses which either party may require, and cause the matters charged in the complaint to be inquired into by a jury of six competent citizens. If the jury find that there is good reason to fear the commission of the offense charged, then they shall render a verdict of guilty against the defendant, and the associate circuit judge thereupon shall require the defendant to enter into a recognizance in such sum, not exceeding one thousand dollars, as he shall direct, with one or more sufficient sureties, conditioned that the defendant will keep the peace toward the people of the state, and particularly toward the complainant, for such time as shall be specified in said recognizance, which shall be not less than three months nor more than one year from the date thereof; and the defendant shall be liable for costs as in other cases of conviction.
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(RSMo 1939 § 3793, A. 1949 H.B. 2138)
Prior revisions: 1929 § 3403; 1919 § 3748; 1909 § 4956
CROSS REFERENCE:
Recognizance taken in open court to be entered on minutes, other recognizances, 544.050
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.050 - Recognizance — penalty for failure to give.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.050. Recognizance — penalty for failure to give. —
If such recognizance be given, the party complained of shall be discharged; but if he fail or refuse to find surety it shall be the duty of the associate circuit judge to commit him to prison until he find the same, specifying in the warrant the cause of commitment and the sum in which security was required.
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(RSMo 1939 § 3794)
Prior revisions: 1929 § 3404; 1919 § 3749; 1909 § 4957
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.060 - Parties committed, how discharged.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.060. Parties committed, how discharged. —
Any person committed for not finding surety of the peace, as above provided, may be discharged by any associate circuit judge authorized to bind to the peace, within the county, upon giving such security as was originally required of such person; provided, that after thirty days' actual imprisonment, the defendant may be released upon his own recognizance, if unable to find security.
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(RSMo 1939 § 3795)
Prior revisions: 1929 § 3405; 1919 § 3750; 1909 § 4958
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.070 - Recognizance, where deposited.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.070. Recognizance, where deposited. —
Every recognizance to keep the peace, taken by any associate circuit judge pursuant to the foregoing provisions, or pursuant to any other statute, shall be transmitted by such associate circuit judge to the clerk of the proper court of the county, on or before the first day of the term of such court next to be holden after taking the same.
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(RSMo 1939 § 3796)
Prior revisions: 1929 § 3406; 1919 § 3751; 1909 § 4959
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.080 - Recognizance, when broken.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.080. Recognizance, when broken. —
No recognizance to keep the peace shall be deemed to be broken unless the principal in such recognizance be convicted of some offense amounting, in judgment of law, to a breach of such recognizance.
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(RSMo 1939 § 3798)
Prior revisions: 1929 § 3408; 1919 § 3753; 1909 § 4961
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.090 - Recognizance to be prosecuted, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.090. Recognizance to be prosecuted, when. —
Whenever evidence of such conviction shall be produced to the court in which the recognizance is filed or taken, it shall be the duty of the court to order such recognizance to be prosecuted, and the prosecuting attorney shall proceed thereon accordingly.
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(RSMo 1939 § 3799)
Prior revisions: 1929 § 3409; 1919 § 3754; 1909 § 4962
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.100 - Offense stated in record is evidence of breach.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.100. Offense stated in record is evidence of breach. —
In the action on such recognizance the offense stated in the record of conviction may be assigned as a breach, and such record shall be conclusive evidence of the matters therein stated.
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(RSMo 1939 § 3800)
Prior revisions: 1929 § 3410; 1919 § 3755; 1909 § 4963
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.110 - Appeal granted, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.110. Appeal granted, when. —
Any person convicted under the provisions of sections 542.020 to 542.140 may take an appeal from the judgment of the associate circuit judge to the court having jurisdiction of the appeal, if he shall, on the day of the rendition of the verdict, file an affidavit, stating that he verily believes himself aggrieved by the verdict and judgment, and shall also enter into a recognizance, to be approved by the associate circuit judge, in a sum not to exceed one thousand dollars, with sufficient sureties, conditioned that he will, during the pendency of the appeal, keep the peace toward the people of this state, and particularly toward the complainant, and that he will appear to answer the charges against him at the next term of court having jurisdiction thereof.
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(RSMo 1939 § 3801)
Prior revisions: 1929 § 3411; 1919 § 3756; 1909 § 4964
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.120 - Recognizance forfeited on failure to prosecute appeal.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.120. Recognizance forfeited on failure to prosecute appeal. —
When any person shall have taken an appeal, under the provisions of sections 542.020 to 542.140, and fails to appear, the court shall forfeit his recognizance, and order it to be prosecuted, unless reasonable excuse for the default be shown.
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(RSMo 1939 § 3803)
Prior revisions: 1929 § 3413; 1919 § 3758; 1909 § 4966
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.130 - Proceedings on appeal.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.130. Proceedings on appeal. —
If the judgment of the associate circuit judge shall be affirmed, or if, upon a trial in the court to which the appeal is taken, the defendant shall be convicted, the court shall require a new recognizance in a sum not exceeding one thousand dollars, for such time as shall appear necessary, not exceeding one year, and render judgment against the defendant for all costs in the case.
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(RSMo 1939 § 3802)
Prior revisions: 1929 § 3412; 1919 § 3757; 1909 § 4965
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.140 - Affray in presence of associate circuit judge.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1939
542.140. Affray in presence of associate circuit judge. —
Every person who, in the presence of any associate circuit judge above specified, or of any court of record, shall make an affray, or threaten to kill or beat another, or to commit any offense against his person or property, and all persons who, in the presence of such court or associate circuit judge, shall contend with hot and angry words, may be ordered by such associate circuit judge or court, without any other proof or trial, to give such security as above specified, and in case of failure or refusal so to do, he may be committed in like manner as above specified.
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(RSMo 1939 § 3797)
Prior revisions: 1929 § 3407; 1919 § 3752; 1909 § 4960
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.170 - What officers may require aid of persons to disperse rioters.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
Effective - 02 Jan 1979, 2 histories, see footnote
542.170. What officers may require aid of persons to disperse rioters. —
If the persons assembled, as indicated herein, shall fail to disperse without unnecessary delay, the following associate circuit judges shall each, in the order in which they are herein named, have power and authority to require the aid of a sufficient number of persons in arms or otherwise, and to proceed as they may deem expedient, and to repress and disperse such riotous assemblage and arrest offenders. That is to say, the duty of requiring the aid of such force and directing its employment shall devolve, in the first instance, on the mayor of the town or city in which such assemblage occurs, and if he be not present or be unable to act, then on the judge of any court of record, the sheriff, the marshal, or the coroner. In case of the absence of any of the officers mentioned in this section, the officers named after him herein shall have all the power and authority which such absentee would have had if present.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.190 - Special deputies and policemen to be residents of state.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
Effective - 28 Aug 1955
542.190. Special deputies and policemen to be residents of state. —
No sheriff of a county, mayor of a city or other private person authorized by law to appoint special deputies, marshals or policemen in this state to preserve the public peace and quell public disturbances shall appoint as special deputies, marshals or policemen any person who is not a resident of this state and who has not been a resident of this state for at least three years prior to his appointment.
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(RSMo 1939 § 4622, A.L. 1955 p. 515)
Prior revisions: 1929 § 4233; 1919 § 3480; 1909 § 4695
CROSS REFERENCE:
Bona fide citizens only may be deputized, 57.117, 85.005
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.261 - Peace officer defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2010, 2 histories
542.261. Peace officer defined. —
As used in sections 542.261 to 542.296 and section 542.301, the term
"peace officer"
means a police officer or
*
member of the highway patrol to the extent otherwise permitted by law to conduct searches, sheriff or deputy sheriff.
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(L. 1974 S.B. 366 § 1, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868)
*Word "or" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.266 - Search warrant defined — who may issue.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1974
542.266. Search warrant defined — who may issue. —
1. A search warrant is a written order of a court commanding the search of a person, place, or thing and the seizure, or photographing or copying, of property found thereon or therein.
2. A search warrant may be issued by an appellate judge or by any judge of a court having original jurisdiction of criminal offenses within the territorial jurisdiction where the person, place, or movable or immovable thing to be searched is located at the time of the making of the application.
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(L. 1974 S.B. 366 § 2)
(1985) Circuit judge of St. Louis City had no authority to issue a search warrant for an automobile in Greene County and warrant thus issued was invalid despite the "good faith" of the officer conducting the search. State v. Berkwit (Mo.App.E.D.), 689 S.W.2d 763.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.271 - Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1983
542.271. Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record. —
1. A warrant may be issued to search for and seize, or photograph, copy or record any of the following:
(1) Property, article, material, or substance that constitutes evidence of the commission of a criminal offense; or
(2) Property which has been stolen or acquired in any other manner declared an offense by chapters 569 and 570; or
(3) Property owned by any person furnishing public communications services to the general public subject to the regulations of the public service commission if such person has failed to remove the property within a reasonable time after receipt of a written notice from a peace officer stating that such property is being used as an instrumentality in the commission of an offense; or
(4) Property for which possession is an offense under the law of this state; or
(5) Property for which seizure is authorized or directed by any statute of this state; or
(6) Property which has been used by the owner or used with his acquiescence or consent as a raw material or as an instrument to manufacture or produce any thing for which possession is an offense under the laws of this state.
2. A warrant may be issued to search for and rescue a kidnapped person.
3. A warrant may be issued to search for any person for whom a valid felony arrest warrant is outstanding.
4. A warrant may be issued to search for and seize any deceased human fetus or corpse, or part thereof.
5. The provisions of sections 542.261 to 542.296 and section 542.301 shall prevail over any rules and regulations promulgated by any state governmental agency, commission or board, to the contrary notwithstanding.
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(L. 1974 S.B. 366 § 3, A.L. 1980 H.B. 1528 Revision, A.L. 1983 S.B. 24)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.286 - Warrant to be executed within territorial jurisdiction, exception.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1974
542.286. Warrant to be executed within territorial jurisdiction, exception. —
1. A warrant to search a person or any movable thing may be executed in any part of the state where the person or thing is found if, subsequent to the filing of the application, the person or thing moves or is taken out of the territorial jurisdiction of the judge issuing the warrant.
2. All other search warrants shall be executed within the territorial jurisdiction of the court out of which the warrant issued and within the territorial jurisdiction of the officer executing the warrant.
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(L. 1974 S.B. 366 § 6)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.291 - Search, when conducted — receipt for property taken.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1989
542.291. Search, when conducted — receipt for property taken. —
1. The search shall be conducted in a reasonable manner. The search may be made at night if making it during the daytime is not practicable.
2. An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he would be justified in using if the warrant were valid.
3. The officer may summon as many persons as he deems necessary to assist him in executing the warrant. Such persons shall not be held liable as a result of the illegality of the search and seizure.
4. If any property is seized, the officer shall give to the person from whose possession it is taken, if he is present, a copy of the warrant and an itemized receipt of the property taken. If no person is present, the officer shall leave the copy and the receipt at the site of the search.
5. A copy of the itemized receipt of any property taken shall be delivered to the office of the prosecuting attorney in the county where the property was taken within two working days of the search.
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(L. 1974 S.B. 366 § 7, A.L. 1989 S.B. 215 & 58)