reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.216 - Powers of arrest, arrest without warrant on suspicion persons violating any law of state including infractions, misdemeanors and ordinances, exception — power of municipal officer in unincorporated area.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 2014
544.216. Powers of arrest, arrest without warrant on suspicion persons violating any law of state including infractions, misdemeanors and ordinances, exception — power of municipal officer in unincorporated area. —
Except as otherwise provided in section 544.157, any sheriff or deputy sheriff, any member of the Missouri state highway patrol, and any county or municipal law enforcement officer in this state, except those officers of a political subdivision or municipality having a population of less than two thousand persons or which does not have at least four full-time nonelected peace officers unless such subdivision or municipality has elected to come under and is operating pursuant to the provisions of sections 590.100 to 590.150
*
, may arrest on view, and without a warrant, any person the officer sees violating or who such officer has reasonable grounds to believe has violated any ordinance or law of this state, including a misdemeanor or infraction, over which such officer has jurisdiction. Peace officers of a municipality shall have arrest powers, as described in this section, upon lands which are leased or owned by the municipality in an unincorporated area. Ordinances enacted by a municipality, owning or leasing lands outside its boundaries, may be enforced by peace officers of the municipality upon such owned or leased lands. The power of arrest authorized by this section is in addition to all other powers conferred upon law enforcement officers, and shall not be construed so as to limit or restrict any other power of a law enforcement officer.
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(L. 1983 S.B. 72 § 2, A.L. 1986 S.B. 450, A.L. 1993 S.B. 180, A.L. 1996 H.B. 1047, A.L. 2014 H.B. 1665 & 1335 merged with S.B. 745)
*Section 590.150 was repealed by H.B. 80, 2001.
CROSS REFERENCES:
Arrest on suspicion, Kansas City, 84.440
Arrest on suspicion, St. Louis City, 84.090
Failure to execute arrest warrant, penalty, 575.180
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.218 - Arrest without warrant, lawful, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 01 Jan 2017, see footnote
544.218. Arrest without warrant, lawful, when. —
An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 577.010 or 577.012 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the section, whether or not the violation occurred in the presence of the arresting officer.
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(L. 1982 S.B. 513, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491)
Transferred 2014; formerly 577.039; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.220 - Conveyance of prisoner through another county.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.220. Conveyance of prisoner through another county. —
Every officer or other person, who shall have arrested or have in his custody, under the authority of the law of this state, any prisoner who is to be conveyed from one county to another, may carry such prisoner through such parts of any county as shall be in the ordinary route of travel from the place where such prisoner shall have been arrested to the place where he is to be conveyed and delivered, under the process or authority by which such prisoner shall have been arrested or is detained.
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(RSMo 1939 § 4181)
Prior revisions: 1929 § 3791; 1919 § 4137; 1909 § 5342
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.230 - Officer not subject to arrest — posse.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.230. Officer not subject to arrest — posse. —
The officer or person having such prisoner in charge shall not be liable to arrest or civil process while on his route; and he shall have the like power to require any person to aid in securing such prisoner and retaking him if he escape as sheriffs or other officers have in their own county; and a refusal or neglect to render such aid shall be an offense punishable in the same manner as for disobedience to a summons to assist in the execution of process.
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(RSMo 1939 § 4182)
Prior revisions: 1929 § 3792; 1919 § 4138; 1909 § 5343
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.240 - Duty of jailer.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.240. Duty of jailer. —
The jailer of every county through which such prisoner may be taken is required to receive and safely keep such prisoner in the jail of which he has charge, when thereto requested by the officer or person having lawful charge of such prisoner, and to redeliver him on demand of such officer or person.
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(RSMo 1939 § 4183)
Prior revisions: 1929 § 3793; 1919 § 4139; 1909 § 5344
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.250 - Preliminary hearing, when required — release, when, what conditions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 02 Jan 1979, see footnote
544.250. Preliminary hearing, when required — release, when, what conditions. —
No prosecuting or circuit attorney in this state shall file any information charging any person or persons with any felony, until such person or persons shall first have been accorded the right of a preliminary examination before some associate circuit judge in the county where the offense is alleged to have been committed in accordance with this chapter. And if upon such hearing the associate circuit judge shall determine that the alleged offense is one on which the accused may be released, the associate circuit judge may release him as provided in section 544.455 conditioned for his appearance at a time certain before a circuit judge, or associate circuit judge who is specially assigned, and thereafter as directed by the court to answer such charges as may be preferred against him, abide sentence and judgment therein, and not to depart the court without leave; provided, a preliminary examination shall in no case be required where same is waived by the person charged with the crime, or in any case where an information has been substituted for an indictment as authorized by section 545.300.
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(RSMo 1939 § 3893, A.L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3503; 1919 § 3848; 1909 § 5056
Effective 1-02-79
(1955) Where instrument meeting requirements of information in felony case was filed in magistrate court, it would likely be sufficient as complaint, but, in absence of the filing of an information in circuit court after accused waived preliminary hearing, circuit court had no jurisdiction. State v. McQueen (Mo.), 282 S.W.2d 539.
(1960) Although evidence at preliminary hearing may have been scanty it was sufficient and in any event objections based on such insufficiency would not deprive circuit court of jurisdiction of the principal cause and its trial. State v. Hester (Mo.), 331 S.W.2d 535.
(1971) Prosecutor has no authority to file an information charging a felony until a magistrate has found that a felony was committed and there was probable cause to believe the prisoner guilty thereof, and, where information substantially varied from complaint, prohibition would lie to prevent prosecution in Circuit Court. State ex rel. Buresh v. Adams (Mo.), 468 S.W.2d 18.
(1977) Where complaint charged first degree murder by strangulation, and information charged second degree murder by strangulation and skull fracture, there was not a substantial departure from the complaint. State v. Clark (A.), 546 S.W.2d 455.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.260 - Arrest of person, where tried.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.260. Arrest of person, where tried. —
Persons arrested under any warrant for any offense shall, when no provision is otherwise made, be brought before the associate circuit judge who issued the warrant, or if he be absent or his office be vacant, or if he be not authorized to act within the county in which the offense was committed, then before the nearest associate circuit judge in such county; and the warrant by virtue of which the arrest was made, with a proper return endorsed thereon and signed by the officer or person making the arrest, shall be delivered to such associate circuit judge.
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(RSMo 1939 § 3862)
Prior revisions: 1929 § 3472; 1919 § 3817; 1909 § 5025
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.270 - Procedure before associate circuit judge.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.270. Procedure before associate circuit judge. —
The associate circuit judge before whom any such person shall be brought shall proceed, as soon as may be, to examine the complainant and witnesses produced in support of the prosecution, on oath, in the presence of the prisoner, in regard to the offense charged, and other matters connected with such charge which such associate circuit judge may deem pertinent.
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(RSMo 1939 § 3863)
Prior revisions: 1929 § 3473; 1919 § 3818; 1909 § 5026
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.275 - State correctional facilities may be used for certain civil or criminal proceedings not requiring a jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1990
544.275. State correctional facilities may be used for certain civil or criminal proceedings not requiring a jury. —
When a person committed to the department of corrections is a defendant in a criminal or civil proceeding other than jury trials, or a plaintiff in a civil proceeding other than a jury trial, or the movant in a postconviction proceeding, such proceeding may in the discretion of the judge be heard within a correctional facility of the department of corrections.
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(L. 1981 H.B. 223 § 1, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.280 - Trial, how conducted.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 02 Jan 1979, see footnote
544.280. Trial, how conducted. —
The order of conducting the trial or hearing, with respect to the introduction of the evidence and the examination of witnesses, shall be the same as governs in the trial of criminal cases before circuit judges, as far as practicable.
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(RSMo 1939 § 3869, A. 1949 H.B. 2141, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.290 - Disqualification of associate circuit judge.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1945
544.290. Disqualification of associate circuit judge. —
An associate circuit judge shall be disqualified to conduct an examination of any person accused of felony as provided in this chapter if an affidavit is filed in his office by the accused, the prosecuting attorney, or the complainant, before the commencement of such examination, stating that the associate circuit judge is near of kin to the accused by blood or marriage; or that the offense charged is alleged to have been committed against the person or property of such associate circuit judge; or against some person near of kin to him by blood or marriage; or that the associate circuit judge is in anywise interested or prejudiced, or shall have been counsel in the matter, as the affiant verily believes.
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(L. 1945 p. 842 § 3864a)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.300 - Proceedings in case of disqualification.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 02 Jan 1979, see footnote
544.300. Proceedings in case of disqualification. —
If the associate circuit judge is disqualified as provided in section 544.290, he shall certify the case for assignment to the presiding judge of the circuit and the case shall be assigned in the same manner as provided for civil cases in section 517.520.
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(L. 1945 p. 842 § 3864b, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.310 - Associate circuit judge may call associate.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.310. Associate circuit judge may call associate. —
It shall be lawful for any associate circuit judge to whom any complaint shall be made, or before whom any prisoner shall be brought, as herein provided, to associate with himself any other associate circuit judge of the same county, and the powers and duties herein mentioned may be executed by such two associate circuit judges so associated; and if there be a difference of opinion between the two associate circuit judges on any question, the decision of the former shall prevail.
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(RSMo 1939 § 3881)
Prior revisions: 1929 § 3491; 1919 § 3836; 1909 § 5044
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.320 - Adjournment of hearing by associate circuit judge — release of prisoner, when, what conditions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.320. Adjournment of hearing by associate circuit judge — release of prisoner, when, what conditions. —
An associate circuit judge may adjourn an examination of a prisoner pending before himself, from time to time as occasion requires, not exceeding twenty-one days at one time, and to the same or any different place in the county, as he deems necessary; and for the purpose of enabling the prisoner or prosecuting attorney to procure the attendance of witnesses, or for other good and sufficient cause shown by said prisoner or prosecuting attorney, said associate circuit judge shall allow such an adjournment on the motion of the prisoner or prosecuting attorney. In the meantime, if the party is charged with an offense not bailable he shall be committed; otherwise he may be released as provided in section 544.455 for his appearance, before such associate circuit judge or before any associate circuit judge who may be authorized to hear the matter, for such further examination, and not to depart without leave of the court, and for want of such recognizance he shall be committed; provided that the associate circuit judge shall continue the cause in excess of twenty-one days in order to comply with section 510.120.
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(RSMo 1939 § 3864, A.L. 1945 p. 842, A.L. 1971 H.B. 439, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3474; 1919 § 3819; 1909 § 5027
(1976) Held that granting a continuance in excess of ten days does not cause magistrate to lose jurisdiction. State v. Canania (A.), 537 S.W.2d 203.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.330 - Failure to appear under recognizance.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.330. Failure to appear under recognizance. —
If the person recognized does not appear before the associate circuit judge according to the condition of such recognizance, the associate circuit judge shall record the default, but such default may be set aside by the associate circuit judge on the appearance of the prisoner, and for good cause shown, at any time to which the examination may be continued by said associate circuit judge; and in case such default be not set aside, as aforesaid, the associate circuit judge shall certify the recognizance, with a record of such default, to the court having cognizance of the offense charged against the person so recognized, and the like proceedings shall be had thereon as upon breach of condition of a recognizance for appearance before said court.
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(RSMo 1939 § 3865)
Prior revisions: 1929 § 3475; 1919 § 3820; 1909 § 5028
(1967) Where defendants charged with felony forfeited bond, the magistrate court had jurisdiction only to record default not to enter judgment thereon against surety. Criminal Rule 32.12 cannot enlarge the jurisdiction of the magistrate court and as the magistrate court lacked jurisdiction to enter a judgment against surety, the circuit court acquired no jurisdiction on appeal. State v. Anderson (Mo.), 413 S.W.2d 161.
(1971) The state as obligee is not entitled to enforcement of a forfeiture of an appearance bond where the principal was confined by the obligee and by reason of that confinement, the surety was prevented from producing the principal in court and satisfying the condition of the bond. State v. Savage (Mo.), 461 S.W.2d 887.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.340 - Commitment of party, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.340. Commitment of party, when. —
When such person is not released as provided in section 544.455, he may be committed to prison by an order under the hand of the associate circuit judge, stating concisely that he is committed for further examination on a future day, to be named in the order, and on the day appointed he may be brought before the associate circuit judge, by his verbal order to the officer who made the commitment, or by his order in writing to a different person.
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(RSMo 1939 § 3866, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3476; 1919 § 3821; 1909 § 5029
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.350 - Complaint to be read, time given for advice.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.350. Complaint to be read, time given for advice. —
The associate circuit judge shall strictly inform the prisoner of the charge made against him, and read to him the complaint, if requested to do so, and he shall allow the prisoner reasonable time to advise with his counsel, and, for that purpose, to send for counsel, if he require it.
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(RSMo 1939 § 3867)
Prior revisions: 1929 § 3477; 1919 § 3822; 1909 § 5030
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.360 - Exclusion of witnesses from examination.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.360. Exclusion of witnesses from examination. —
While any witness for or against the prisoner is under examination, the associate circuit judge may exclude from the place in which such examination is had all witnesses who have not been examined, and he may cause the witnesses to be kept separate and prevented from conversing with each other, until they shall have been examined.
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(RSMo 1939 § 3868)
Prior revisions: 1929 § 3478; 1919 § 3823; 1909 § 5031
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.370 - Homicide, written evidence.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.370. Homicide, written evidence. —
In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the associate circuit judge, or under his direction, and shall be signed by the witnesses respectively.
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(RSMo 1939 § 3870)
Prior revisions: 1929 § 3480; 1919 § 3825; 1909 § 5033
(1963) Admission in evidence in murder prosecution of transcript of testimony of deceased's widow at preliminary hearing which was not signed by witness nor certified by the magistrate to the circuit court was reversible error where the testimony in connection with other state's evidence conflicted with defendant's evidence. State v. Luttrell (Mo.), 366 S.W.2d 453.
(1966) As there is no constitutional requirement that there be a transcript of the testimony in a preliminary hearing, nor even a constitutional requirement that a preliminary hearing be held, defendant had no constitutional right to have a transcript of preliminary hearing. State v. Maxwell (Mo.), 400 S.W.2d 156.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.376 - Crime laboratory reports, evidence as to test results, procedure — person conducting tests, recorded interview prior to hearing, procedure, right to subpoena.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1998
544.376. Crime laboratory reports, evidence as to test results, procedure — person conducting tests, recorded interview prior to hearing, procedure, right to subpoena. —
At any preliminary hearing conducted in the courts of this state, a report from any crime laboratory in the state, or from any federal crime laboratory, relating to the testing, analysis, identification, or comparison of evidence and certified under the seal of that laboratory shall be received into evidence on the issue of the results of scientific tests. The accused or his attorney of record shall be provided with a copy of such report at least ten days prior to the preliminary hearing and shall have the opportunity before the hearing upon notice to the state of the time and place to conduct the interview, which may be recorded, of any person who conducted the testing, analysis, identification, or comparison of evidence which is the subject matter of the report. Nothing in this section shall affect the right of the accused to subpoena such person.
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(L. 1987 H.B. 341 § 2, A.L. 1998 H.B. 1147, et al.)
CROSS REFERENCE:
Crime laboratory assistance program, 650.100, 650.105
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.380 - Examination of prisoner and his witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.380. Examination of prisoner and his witnesses. —
After the examination of the complainant and the witnesses on the part of the prosecution, the witnesses for the accused may be sworn and examined, and the prisoner may, at his request, be sworn and examined as a witness in his behalf, under the restrictions applicable to the examination of defendants in the trial of criminal cases.
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(RSMo 1939 § 3871)
Prior revisions: 1929 § 3481; 1919 § 3826; 1909 § 5034
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.390 - Examination and recognizance, certified, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.390. Examination and recognizance, certified, when. —
All examinations and recognizances taken in pursuance of the provisions of this chapter shall be certified by the associate circuit judge taking the same, and delivered to the clerk of the court in which the offense is cognizable, on or before the first day of the next term thereof, except that where the prisoner is committed to jail, the examination of himself and of the witnesses for or against him, duly certified, shall accompany the warrant of commitment, and be delivered therewith to the jailer.
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(RSMo 1939 § 3879)
Prior revisions: 1929 § 3489; 1919 § 3834; 1909 § 5042
(1966) This statute is not jurisdictional, but is intended to assure a fair preliminary examination and to preserve the evidence taken. State v. Hughey (Mo.), 404 S.W.2d 725.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.400 - Failure of associate circuit judge to discharge duty.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.400. Failure of associate circuit judge to discharge duty. —
If any associate circuit judge refuses or neglects to certify and return, as required by section 544.390, any examination or recognizance by him taken, he may be required, by rule of court, forthwith to return the same, and in case of disobedience may be proceeded against by attachment.
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(RSMo 1939 § 3880)
Prior revisions: 1929 § 3490; 1919 § 3835; 1909 § 5043
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.410 - Discharge, when ordered.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.410. Discharge, when ordered. —
If upon the examination of the whole matter, it appears to the associate circuit judge either that no offense has been committed by any person, or that there is no probable cause for charging the prisoner therewith, he shall discharge such prisoner.
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(RSMo 1939 § 3872)
Prior revisions: 1929 § 3482; 1919 § 3827; 1909 § 5035
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.420 - Recognizance, when required.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.420. Recognizance, when required. —
If it appear that a felony has been committed, and that there is probable cause to believe the prisoner guilty thereof, the associate circuit judge shall bind, by recognizance, the prosecutor, and all material witnesses against such prisoner, to appear and testify before the court having cognizance of the offense, on such day as the prosecuting attorney shall designate in writing duly filed with the associate circuit judge at the time, and not to depart such court without leave.
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(RSMo 1939 § 3873)
Prior revisions: 1929 § 3483; 1919 § 3828; 1909 § 5036
(1977) Preliminary hearing is in no sense a trial and primary purpose is to prevent abuse of power by the prosecution. State v. Clark (A.), 546 S.W.2d 455.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.430 - Who may be bound by recognizance.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.430. Who may be bound by recognizance. —
Infants and married women shall be deemed capable, in law, of binding themselves by recognizance for their appearance and attendance, as specified in section 544.420, in like manner and with like effect as other persons.
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(RSMo 1939 § 3874)
Prior revisions: 1929 § 3484; 1919 § 3829; 1909 § 5037
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.440 - Commitment of witnesses.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.440. Commitment of witnesses. —
If any witness so required to enter into a recognizance refuse to comply with such order, the associate circuit judge may commit him or her to prison until he or she comply with such order or be otherwise discharged according to law.
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(RSMo 1939 § 3875)
Prior revisions: 1929 § 3485; 1919 § 3830; 1909 § 5038
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.453 - Bail or conditions of release, factors to consider.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 2023
544.453. Bail or conditions of release, factors to consider. —
Notwithstanding any provision of the law or court rule to the contrary, a judge or judicial officer, when setting bail or conditions of release in all courts in Missouri for any offense charged, shall consider, in addition to any factor required by law, whether:
(1) A defendant poses a danger to a victim of a crime, the community, any witness to the crime, or to any other person;
(2) A defendant is a flight risk;
(3) A defendant has committed a misdemeanor offense involving a crime of violence, sexual offense, or felony offense in this state or any other state in the last five years; and
(4) A defendant has failed to appear in court as a required condition of probation or parole for a misdemeanor involving a crime of violence or felony or a sexual offense within the last three years.
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(L. 2023 S.B. 186)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.456 - Sam Pratt's Law — prohibition on providing child care services for compensation pending final disposition, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 2012
544.456. Sam Pratt's Law — prohibition on providing child care services for compensation pending final disposition, when. —
1. This section shall be known and may be cited as "Sam Pratt's Law".
2. In any case involving abuse, neglect, or death of a child, any court with competent jurisdiction may impose as a condition of release of a defendant under section 544.455 that such defendant be prohibited from providing child care services for compensation pending final disposition of the case. The court shall notify the department of health and senior services and the department of social services when it makes such a determination, as well as the final disposition of the case.
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(L. 2012 H.B. 1323)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.457 - Bail, amount of, information which may be considered — denial of bail — special conditions.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1993
544.457. Bail, amount of, information which may be considered — denial of bail — special conditions. —
Notwithstanding the provisions of Section 20 of Article I of the Missouri Constitution to the contrary, upon a showing that the defendant poses a danger to a crime victim, the community, or any other person, the court may use such information in determining the appropriate amount of bail, to increase the amount of bail, to deny bail entirely or impose any special conditions which the defendant and surety shall guarantee.
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(L. 1993 S.B. 19 § 595.209 subsec. 2)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.470 - Commitment of individual, when — presumption for aliens unlawfully present.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 2011, 2 histories
544.470. Commitment of individual, when — presumption for aliens unlawfully present. —
1. If the offense is not bailable, if the individual is not granted electronic monitoring, or if the individual does not meet the conditions for release, as provided in section 544.455, the individual shall be committed to the jail of the county in which the same is to be tried, there to remain until such individual be discharged by due course of law.
2. There shall be a presumption that releasing the person under any conditions as provided by section 544.455 shall not reasonably assure the appearance of the person as required if the circuit judge or associate circuit judge reasonably believes that the person is an alien unlawfully present in the United States. If such presumption exists, the person shall be committed to the jail, as provided in subsection 1 of this section, until such person provides verification of his or her lawful presence in the United States to rebut such presumption. If the person adequately proves his or her lawful presence, the circuit judge or associate circuit judge shall review the issue of release, as provided under section 544.455, without regard to previous issues concerning whether the person is lawfully present in the United States. If the person cannot prove his or her lawful presence, the person shall continue to be committed to the jail and remain until discharged by due course of law.
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(RSMo 1939 § 3877, A.L. 1972 H.B. 1160, A.L. 2008 H.B. 1549, et al., A.L. 2011 H.B. 111)
Prior revisions: 1929 § 3487; 1919 § 3832; 1909 § 5040
(2016) Wholesale denial of pretrial release for all defendants unable to prove lawful presence in United States violates right to reasonable and individualized bail under Article I, Section 20 of Missouri Constitution. Lopez-Matias v. State, 504 S.W.3d 716 (Mo.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.472 - Persons confined to jail, verification of lawful immigration status required.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 01 Jan 2017, see footnote
544.472. Persons confined to jail, verification of lawful immigration status required. —
1. If verification of the nationality or lawful immigration status of any person who is charged and confined to jail for any period of time cannot be made from documents in the possession of the prisoner or after a reasonable effort on the part of the arresting agency to determine the nationality or immigration status of the person so confined, verification shall be made by the arresting agency within forty-eight hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If it is determined that the prisoner is in the United States unlawfully, the arresting agency shall notify the United States Department of Homeland Security.
2. Nothing in this section shall be construed to deny any person bond or prevent a person from being released from confinement if such person is otherwise eligible for release.
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(L. 2008 H.B. 1549, et al. § 577.900, A.L. 2014 S.B. 491)
Transferred 2014; formerly 577.680; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.490 - What courts may accept recognizance.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 02 Jan 1979, see footnote
544.490. What courts may accept recognizance. —
Whenever any person shall be committed to jail on a warrant of commitment by any associate circuit judge for an offense for which he may be released as provided in section 544.455, the recognizance or other condition for release may be taken by a circuit judge or an associate circuit judge who has been specially assigned for such purpose, and in case of the absence of any such judge from the county, such recognizance or condition for release may be taken by any judge of the circuit court except a municipal judge.
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(RSMo 1939 § 3885, A.L. 1945 p. 841, A.L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3495; 1919 § 3840; 1909 § 5048
Effective 1-02-79
CROSS REFERENCE:
In habeas corpus, prisoner may be let to bail, amount fixed, 532.450, 532.480
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.500 - Recognizance, disposition of.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.500. Recognizance, disposition of. —
Whenever any prisoner is released as provided in section 544.455 by any court, it shall be the duty of the clerk of the court by which the prisoner was released immediately to transmit a record of the release together with any conditions imposed to the clerk of the court in which the party released is required to appear.
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(RSMo 1939 § 3886, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3496; 1919 § 3841; 1909 § 5049
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.510 - Bail, when taken other than by court.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.510. Bail, when taken other than by court. —
Whenever any prisoner shall be let to bail by any officer out of court, such officer shall immediately cause the recognizance taken by him to be filed with the clerk of the court in which the prisoner is recognized to appear.
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(RSMo 1939 § 3887)
Prior revisions: 1929 § 3497; 1919 § 3842; 1909 § 5050
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.520 - Name of prosecutor returned with bail bond.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.520. Name of prosecutor returned with bail bond. —
If in such case the accused shall be held to answer for the offense, it shall be the duty of the associate circuit judge to make out a certificate of the name, occupation and place of abode of the prosecutor, and return the same, with the recognizance of such prisoner, to the proper county.
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(RSMo 1939 § 3888)
Prior revisions: 1929 § 3498; 1919 § 3843; 1909 § 5051
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.530 - Bond or recognizance, by whom taken.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.530. Bond or recognizance, by whom taken. —
When the defendant is in custody or under arrest for an offense for which he may be released as provided in section 544.455, the court in which the indictment or information is pending may release him and take his bond or recognizance, or, if the court is not in session, the clerk of the court may take his bond or recognizance.
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(RSMo 1939 § 3962, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3573; 1919 § 3916; 1909 § 5123
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.540 - Court to fix conditions for release, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.540. Court to fix conditions for release, when. —
If the defendant is not arrested or in custody during the term at which an indictment for felony is returned, the court must fix the conditions for release as provided in section 544.455 required of the defendant, and the clerk must endorse the conditions on the warrant; but if no order fixing the conditions for release has
*
been made, the sheriff may present the warrant to the judge of the court, and such judge may thereupon endorse the conditions for release required; or if the judge is not in the county, the clerk may fix the conditions for release.
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(RSMo 1939 § 3963, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3574; 1919 § 3917; 1909 § 5124
*Word "have" appears in original rolls.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.550 - Recognizances, how taken.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.550. Recognizances, how taken. —
All recognizances taken in a court of record in term shall be entered of record, and all recognizances required or authorized to be taken in vacation in any criminal case, or proceeding of a criminal nature, shall be in writing, and signed by the parties to be bound thereby.
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(RSMo 1939 § 3964)
Prior revisions: 1929 § 3575; 1919 § 3918; 1909 § 5125
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.560 - Sheriff may set conditions for release, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.560. Sheriff may set conditions for release, when. —
When any sheriff or other officer shall arrest a party by virtue of a warrant upon an indictment, or shall have a person in custody under a warrant of commitment on account of failing to find conditions for release as provided in section 544.455, and the conditions for release required are specified on the warrant, or if the case is a misdemeanor, such officer may set the conditions for release, and discharge the person so held from actual custody.
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(RSMo 1939 § 3965, A.L. 1957 p. 379, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3576; 1919 § 3919; 1909 § 5126
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.570 - Recognizances returned to clerk.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.570. Recognizances returned to clerk. —
Every recognizance or other conditions for release as provided in section 544.455 taken by any sheriff or other officer must be certified and returned by him forthwith to the clerk of the court to which the defendant is recognized, and by such clerk carefully filed and preserved for the action of the court thereon.
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(RSMo 1939 § 3968, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3579; 1919 § 3922; 1909 § 5129
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.575 - No proceeding upon a recognizance defeated for defects.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 02 Jan 1979, see footnote
544.575. No proceeding upon a recognizance defeated for defects. —
No proceeding upon a recognizance shall be defeated, nor shall judgment thereon be prevented or arrested, on account of any defect of form, omission of recital, condition of undertaking therein, neglect of an associate circuit judge or clerk to note or record the default of any principal or surety at the time when such default shall happen, or of any other irregularity if it be made to appear from the whole record or proceeding that the defendant was legally in custody, charged with a criminal offense, that he was discharged therefrom by reason of the giving of the recognizance, and that it can be ascertained from the recognizance that the sureties undertook that the defendant should appear before a court at the time specified.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.580 - Qualification of sureties.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.580. Qualification of sureties. —
Sureties in recognizances or bail bonds in criminal cases and proceedings shall be residents of this state, and shall be worth, over and above the amount exempt from execution, and the amount of their debts and liabilities, the sum which is required; and the person or persons offered as sureties may be examined on oath in regard to their qualifications as sureties, and other proof may be taken in regard to the sufficiency of the same. The officer authorized to set conditions of release is authorized to administer all necessary oaths in that behalf.
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(RSMo 1939 § 3966, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3577; 1919 § 3920; 1909 § 5127
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.590 - When security deemed sufficient.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.590. When security deemed sufficient. —
Where more than one person is offered as sureties, they shall be deemed sufficient, if in the aggregate they possess the necessary qualifications. But no recognizance shall be taken unless the court or officer authorized to take the same shall be satisfied, from proof and examination on oath or otherwise, of the sufficiency of the sureties according to the requirements of this and the preceding sections.
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(RSMo 1939 § 3967)
Prior revisions: 1929 § 3578; 1919 § 3921; 1909 § 5128
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.600 - Surrender of principal, how made.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.600. Surrender of principal, how made. —
When a bail desires to surrender his principal, he may procure a copy of the recognizance from the clerk, by virtue of which the bail, or any person authorized by him, may take the principal in any county within this state.
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(RSMo 1939 § 3969)
Prior revisions: 1929 § 3580; 1919 § 3923; 1909 § 5130
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.610 - Discharge of bailor's liability, how.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.610. Discharge of bailor's liability, how. —
The bailor at any time before final judgment against him upon a forfeited recognizance, may surrender his principal in open court or to the sheriff; and upon the payment of all costs occasioned by the forfeiture, and all costs that may accrue at the term to which the prisoner was recognized to appear, may thereupon be discharged from any further liability upon the recognizance.
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(RSMo 1939 § 3970)
Prior revisions: 1929 § 3581; 1919 § 3924; 1909 § 5131
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.620 - What deemed a surrender.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.620. What deemed a surrender. —
The bailor must deliver a certified copy of the recognizance to the sheriff with the principal, and the sheriff must accept the surrender of the principal, and acknowledge such acceptance in writing.
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(RSMo 1939 § 3971)
Prior revisions: 1929 § 3582; 1919 § 3925; 1909 § 5132
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.630 - Other bail.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.630. Other bail. —
Any defendant so surrendered may give other bail, or remain in custody until discharged by the due course of law.
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(RSMo 1939 § 3972)
Prior revisions: 1929 § 3583; 1919 § 3926; 1909 § 5133