Chapter 544 Arrest, Examination, Commitment and Bail

544.220 - Conveyance of prisoner through another county.

Steven Groce, Attorney Advertisement

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.

(RSMo 1939 § 4181)

Prior revisions: 1929 § 3791; 1919 § 4137; 1909 § 5342

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.

(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.

544.120 - Attempted escape of felon, officers to pursue — arrest.

Whenever any felony shall be committed, and the offender attempt to escape, public notice thereof shall be immediately given, at all places near where the same was committed, and pursuit shall be forthwith made after the offender by sheriffs, coroners and constables, and all others who shall be thereto required by any such officers; and the offender may be arrested by any such officer or his assistants without warrant.

(RSMo 1939 § 3882)

Prior revisions: 1929 § 3492; 1919 § 3837; 1909 § 5045

544.020 - Issuance of warrant upon complaint.

Whenever complaint shall be made, in writing and upon oath, to any associate circuit judge setting forth that a felony has been committed, and the name of the person accused thereof, it shall be the duty of such associate circuit judge to issue a warrant reciting the accusation, and commanding the officer to whom it shall be directed forthwith to take the accused and bring him before such associate circuit judge, to be dealt with according to law.The complaint may be made and the warrant may be issued via facsimile or other electronic means.

(RSMo 1939 § 3857, A. 1949 H.B. 2141, A.L. 2004 S.B. 1211)

Prior revisions: 1929 § 3467; 1919 § 3812; 1909 § 5020

(1955) After individual had been arrested on complaint filed in magistrate court on murder charge, probate court had no jurisdiction of proceeding to have him committed as indigent insane person. State ex rel. Lamar v. Impey, 365 Mo. 437, 283 S.W.2d 480.

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.

(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.

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.

(RSMo 1939 § 3888)

Prior revisions: 1929 § 3498; 1919 § 3843; 1909 § 5051

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.

(RSMo 1939 § 3971)

Prior revisions: 1929 § 3582; 1919 § 3925; 1909 § 5132

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.

(L. 1978 H.B. 1634)

Effective 1-02-79

544.671 - Certain defendants not entitled to bail for certain offenses.

Notwithstanding any supreme court rule or judicial ruling to the contrary, no defendant under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065*, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040, shall be entitled to bail pending appeal after June 29, 1994.Pursuant to the prerogative of the general assembly to declare the public policy of this state in matters regarding criminal liability of persons and to enact laws relating to judicial procedure, the general assembly declares that subsequent to June 29, 1994, no person shall be entitled to bail or continuation of bail pursuant to section 547.170 if that person is under a sentence of death or imprisonment in the penitentiary for life, or any sentence of imprisonment for a violation of section 579.065*, 565.021, or 565.050, section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, or 566.100, and no defendant who has pled guilty to or been found guilty of any felony sexual offense under chapter 566, where the victim was less than seventeen years of age at the time the crime was committed, any sexual offense under chapter 568, where the victim was less than seventeen years of age at the time the crime was committed, or any pornographic offense involving a minor as set forth in sections 573.023, 573.025, 573.035, and 573.037, and any felony violation of section 573.040.

(L. 1994 S.B. 763 § 2, A.L. 2006 H.B. 1698, et al.)

Effective 6-05-06

*Section 195.222 was transferred to section 579.065 by S.B. 491, 2014, effective 1-01-17.

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.

(L. 1981 H.B. 223 § 1, A.L. 1988 H.B. 1340 & 1348, A.L. 1990 H.B. 974)

544.665 - Failure to appear, penalty.

1.In addition to the forfeiture of any security which was given or pledged for a person's release, any person who, having been released upon a recognizance or bond pursuant to any other provisions of law while pending preliminary hearing, trial, sentencing, appeal, probation or parole revocation, or any other stage of a criminal matter against him or her, knowingly fails to appear before any court or judicial officer as required shall be guilty of the crime of failure to appear.

2.Failure to appear is:

(1)A class E felony if the criminal matter for which the person was released included a felony;

(2)A class A misdemeanor if the criminal matter for which the person was released includes a misdemeanor or misdemeanors but no felony or felonies;

(3)An infraction if the criminal matter for which the person was released includes only an infraction or infractions;

(4)An infraction if the criminal matter for which the person was released includes only the violation of a municipal ordinance, provided that the sentence imposed shall not exceed the maximum fine which could be imposed for the municipal ordinance for which the accused was arrested.

3.Nothing in sections 544.040 to 544.665 shall prevent the exercise by any court of its power to punish for contempt.

(L. 1972 H.B. 1160, A.L. 1996 H.B. 1047, A.L. 2009 H.B. 62, A.L. 2014 S.B. 491)

Effective 1-01-17

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.

(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.

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.

(RSMo 1939 § 4182)

Prior revisions: 1929 § 3792; 1919 § 4138; 1909 § 5343

544.030 - Issuance of warrants by associate circuit judge.

Warrants authorized by law to be issued in criminal cases may be under the hand of the associate circuit judge issuing the same, and shall be as valid and effectual, in all respects, as if sealed.

(RSMo 1939 § 4179)

Prior revisions: 1929 § 3789; 1919 § 4135; 1909 § 5340

544.130 - Attempted escape, proceeding after arrest.

When any person shall be so pursued and arrested, he shall be immediately taken before some associate circuit judge authorized to act under the provisions of this chapter, who shall proceed thereon in the same manner as if the prisoner had been arrested on a warrant.

(RSMo 1939 § 3883)

Prior revisions: 1929 § 3493; 1919 § 3838; 1909 § 5046

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.

(RSMo 1939 § 3962, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3573; 1919 § 3916; 1909 § 5123

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.

(RSMo 1939 § 3874)

Prior revisions: 1929 § 3484; 1919 § 3829; 1909 § 5037

544.630 - Other bail.

Any defendant so surrendered may give other bail, or remain in custody until discharged by the due course of law.

(RSMo 1939 § 3972)

Prior revisions: 1929 § 3583; 1919 § 3926; 1909 § 5133

544.145 - Governor may offer reward for escaped felon — payment.

The governor may offer a reward of not to exceed three hundred dollars for the apprehension and delivery to the proper sheriff or other officer designated by him, of any person charged with or convicted of a felony and who has broken prison, escaped or fled from justice and absconded or secreted himself.The proper sheriff on delivery of the fugitive shall give his receipt therefor and the governor, upon presentation of the receipt, shall certify the amount of the reward to the commissioner of administration for payment out of the state treasury.

(L. 1957 p. 378 § 544.155)

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.

(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

544.045 - License to operate motor vehicle may be deposited in lieu of bail — exceptions — failure to appear, notice to director of revenue.

1.Any person arrested and charged with violating a traffic law of this state or a traffic ordinance of any county, city, town or village may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his license to operate a motor vehicle with a member of the highway patrol or with the officer demanding bail in lieu of any other security for his appearance in court to answer any such charge, except when the charge is for driving while intoxicated, driving while under the influence of intoxicating liquor or drugs, leaving the scene of a motor vehicle accident, driving when his license is suspended or revoked, or for any charge made because of a motor vehicle accident in which a death has occurred.

2.Notwithstanding the fact that the officer authorized by law or rule of court to accept bail authorizes the person arrested to deposit his license to operate a motor vehicle as his security for his appearance in court, in lieu of depositing his license to operate a motor vehicle, the person arrested may decline to deposit his license to operate a motor vehicle as security and instead deposit a bond with the officer authorized by law or rule of court to accept bail or other such officer demanding bail in the amount of fifty dollars per traffic offense allegedly committed.The officer shall issue a receipt for such a bond to the person and deposit the bond with the judge, court clerk or other officer requiring security for a court appearance.

3.The judge, court clerk or other officer requiring security for an appearance shall accept the bond or deposit of the license in lieu of bail and, if the license is accepted, shall issue a receipt to the licensee for the license upon a form approved by the director of revenue.The licensee may, until he has appeared at the proper time and place as stated in the receipt to answer the charge placed against him, operate motor vehicles while in possession of the receipt, and the receipt shall be accepted in lieu of the license as provided by section 302.181.If a continuance is requested and granted, the licensee shall be given a new receipt for his license.

4.Whether or not a license to operate a motor vehicle has been deposited in lieu of bail pursuant to this section, if the driver fails to appear at the proper time to answer the charge placed against him, the clerk of the court, or the judge of the court if there is no clerk, shall within ten days notify the director of revenue of the failure to appear, and the director shall thereafter withhold any renewal of the license or the issuance of a duplicate license to the licensee until notified by the court that the charge has been reduced to final judgment.

(L. 1967 p. 667 § 1, A.L. 1985 H.B. 501, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 S.B. 125 & 341)

Effective 7-01-92

544.010 - 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 a division of the circuit court presided over by an associate circuit judge.

(1949 H.B. 2141 § 544.01, A.L. 1978 H.B. 1634)

Effective 1-02-79

544.110 - Escape to another county when guilty of felony.

When any person who shall have committed a felony in one county shall escape into another, any associate circuit judge within the county in which such offender may be found may, upon complaint in writing and upon oath being made before him charging such person with such offense, issue his warrant for the apprehension of such offender, and the officer making the arrest shall convey the prisoner to the county in which the offense is charged to have been committed, as prescribed in section 544.260.

(RSMo 1939 § 3861)

Prior revisions: 1929 § 3471; 1919 § 3816; 1909 § 5024

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.

(RSMo 1939 § 3881)

Prior revisions: 1929 § 3491; 1919 § 3836; 1909 § 5044

544.210 - Arrests, when.

An arrest may be made on any day or at any time of the day or night.If any person arrested escape or be rescued, the person from whose custody he made his escape or was rescued may immediately pursue and retake him at any time and within any place in the state, and may command assistance as in making arrests in other cases.

(RSMo 1939 § 3961)

Prior revisions: 1929 § 3572; 1919 § 3915; 1909 § 5122

CROSS REFERENCE:

Process to preserve peace or to arrest offender, may issue on Sunday, 476.250

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.

(RSMo 1939 § 3970)

Prior revisions: 1929 § 3581; 1919 § 3924; 1909 § 5131

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.

(RSMo 1939 § 3887)

Prior revisions: 1929 § 3497; 1919 § 3842; 1909 § 5050

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.

(RSMo 1939 § 3872)

Prior revisions: 1929 § 3482; 1919 § 3827; 1909 § 5035

544.100 - Arrest in another county — procedure.

If the person against whom any warrant granted by an associate circuit judge, mayor or chief officer of a city or town shall be issued, escape or be in any other county, it shall be the duty of any associate circuit judge authorized to issue a warrant in the county in which such offender may be or is suspected to be, on proof of the handwriting of the associate circuit judge issuing the warrant to endorse his name thereon, and thereupon the offender may be arrested in such county by the officer bringing such warrant, or any officer within the county within which the warrant is so endorsed; and any such warrant may be executed in any county within this state by the officer to whom it is directed, if the clerk of the county commission of the county in which the warrant was issued shall endorse upon or annex to the warrant his certificate, with the seal of said commission affixed thereto, that the officer who issued such warrant was at the time an acting officer fully authorized to issue the same, and that his signature thereto is genuine.

(RSMo 1939 § 3860, A. 1949 H.B. 2141)

Prior revisions: 1929 § 3470; 1919 § 3815; 1909 § 5023

544.200 - Officer may break open doors.

To make an arrest in criminal actions, the officer may break open any outer or inner door or window of a dwelling house or other building, or any other enclosure, if, after notice of his office and purpose, he be refused admittance.

(RSMo 1939 § 3889)

Prior revisions: 1929 § 3499; 1919 § 3844; 1909 § 5052

(1968) Held facts justified forcible entry and arrest without warrant. State v. Novak (Mo.), 428 S.W.2d 585.

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.

(L. 1945 p. 842 § 3864b, A.L. 1978 H.B. 1634)

Effective 1-02-79

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.

(RSMo 1939 § 3969)

Prior revisions: 1929 § 3580; 1919 § 3923; 1909 § 5130

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.

(RSMo 1939 § 3880)

Prior revisions: 1929 § 3490; 1919 § 3835; 1909 § 5043

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.

(RSMo 1939 § 3886, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3496; 1919 § 3841; 1909 § 5049

544.455 - Release of person charged, when — conditions which may be imposed.

1.Any person charged with a bailable offense, at his or her appearance before an associate circuit judge or judge may be ordered released pending trial, appeal, or other stage of the proceedings against him on his personal recognizance, unless the associate circuit judge or judge determines, in the exercise of his discretion, that such a release will not reasonably assure the appearance of the person as required.When such a determination is made, the associate circuit judge or judge may either in lieu of or in addition to the above methods of release, impose any or any combination of the following conditions of release which will reasonably assure the appearance of the person for trial:

(1)Place the person in the custody of a designated person or organization agreeing to supervise him;

(2)Place restriction on the travel, association, or place of abode of the person during the period of release;

(3)Require the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof;

(4)Require the person to report regularly to some officer of the court, or peace officer, in such manner as the associate circuit judge or judge directs;

(5)Require the execution of a bond in a given sum and the deposit in the registry of the court of ten percent, or such lesser percent as the judge directs, of the sum in cash or negotiable bonds of the United States or of the state of Missouri or any political subdivision thereof;

(6)Place the person on house arrest with electronic monitoring; except that all costs associated with the electronic monitoring shall be charged to the person on house arrest.If the judge finds the person unable to afford the costs associated with electronic monitoring, the judge may order that the person be placed on house arrest with electronic monitoring if the county commission agrees to pay from the general revenue of the county the costs of such monitoring.If the person on house arrest is unable to afford the costs associated with electronic monitoring and the county commission does not agree to pay the costs of such electronic monitoring, the judge shall not order that the person be placed on house arrest with electronic monitoring;

(7)Impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

2.In determining which conditions of release will reasonably assure appearance, the associate circuit judge or judge shall, on the basis of available information, take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and his record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings.

3.An associate circuit judge or judge authorizing the release of a person under this section shall issue an appropriate order containing a statement of the conditions imposed, if any, shall inform such person of the penalties applicable to violations of the conditions of his release and shall advise him that a warrant for his arrest will be issued immediately upon any such violation.

4.A person for whom conditions of release are imposed and who after twenty-four hours from the time of the release hearing continues to be detained as a result of his inability to meet the conditions of release, shall, upon application, be entitled to have the condition reviewed by the associate circuit judge or judge who imposed them.The motion shall be determined promptly.

5.An associate circuit judge or judge ordering the release of a person on any condition specified in this section may at any time amend his order to impose additional or different conditions of release; except that, if the imposition of such additional or different conditions results in the detention of the person as a result of his inability to meet such conditions or in the release of the person on a condition requiring him to return to custody after specified hours, the provisions of subsection 4 of this section shall apply.

6.Information stated in, or offered in connection with, any order entered pursuant to this section need not conform to the rules pertaining to the admissibility of evidence in a court of law.

7.Nothing contained in this section shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court.

8.Persons charged with violations of municipal ordinances may be released by a municipal judge or other judge who hears and determines municipal ordinance violation cases of the municipality involved under the same conditions and in the same manner as provided in this section for release by an associate circuit judge.

9.A circuit court may adopt a local rule authorizing the pretrial release on electronic monitoring pursuant to subdivision (6) of subsection 1 of this section in lieu of incarceration of individuals charged with offenses specifically identified therein.

(L. 1972 H.B. 1160, A.L. 1978 H.B. 1634, A.L. 2011 H.B. 111, A.L. 2013 H.B. 215 merged with H.B. 374 & 434 merged with S.B. 327)

(1976) Provisions as to issuance of an appropriate order containing a statement of the conditions imposed and warning of consequences of failure to appear do not apply to persons released under the provisions of § 544.665. State v. Adams (A.), 532 S.W.2d 524.

544.155 - Uniform fresh pursuit law.

1.Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest such person on the ground that such person is believed to have committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal peace unit of this state, to arrest and hold in custody a person on the ground that such person is believed to have committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content in this state; provided, the rights extended by this subsection shall be extended only to those states granting these same rights to peace officers of this state who may be in fresh pursuit of suspected criminals in such reciprocating states.

2.If an arrest is made in this state by an officer of another state in accordance with the provisions of subsection 1 of this section, the arresting officer shall, without unnecessary delay, take the person arrested before a judge of a court of competent jurisdiction in the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest.If the judge determines that the arrest was lawful, the judge shall order the person arrested to await, for a reasonable time, the issuance of an extradition warrant by the governor of this state, or admit such person to bail for such purpose.If the judge determines that the arrest was unlawful the judge shall discharge the person arrested.

3.Subsection 1 of this section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.

4.For the purpose of this section, the word "state" includes the District of Columbia.

5.The term "fresh pursuit", as used in this section, includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content or who is reasonably suspected of having committed a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content.It shall also include the pursuit of a person suspected of having committed a supposed felony or the crime of driving while intoxicated or driving with excessive blood alcohol content, though no felony or the crime of driving while intoxicated or driving with excessive blood alcohol content has actually been committed, if there is reasonable ground for believing that a felony or the crime of driving while intoxicated or driving with excessive blood alcohol content has been committed.Fresh pursuit, as used therein, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

6.This section may be cited as the "Uniform Law on Fresh Pursuit".

(L. 1951 p. 456 §§ 1 to 6, A.L. 1996 S.B. 850)

544.650 - Writ of scire facias, how served.

Whenever any bail bond or recognizance has been given or entered into in any criminal proceedings, conditioned for the appearance of any person charged with, indicted for or convicted of any criminal offense, or for any other purpose, and the conditions thereof shall become broken or the same shall be forfeited, it shall be lawful and sufficient to serve the writ of scire facias or other writ or process which may be issued in such proceeding, either by delivering a duly certified copy of such writ or process to the person therein named, or by leaving such duly certified copy of such writ or process at the usual place of abode of the person therein named, with a member of his family over the age of fifteen years.

(RSMo 1939 § 3974)

Prior revisions: 1929 § 3585; 1919 § 3928; 1909 § 5135

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.

(RSMo 1939 § 3964)

Prior revisions: 1929 § 3575; 1919 § 3918; 1909 § 5125

544.050 - Recognizances.

All recognizances required or authorized to be taken in any criminal proceedings in open court, by any court of record, shall be entered on the minutes of such court and the substance thereof shall be read to the person recognized.All other recognizances in any criminal matter or proceeding, or in any proceeding of a similar nature, shall be in writing and shall be subscribed by the parties to be bound thereby.

(RSMo 1939 § 4180)

Prior revisions: 1929 § 3790; 1919 § 4136; 1909 § 5341

544.150 - Reward by county commission.

Whenever the county commission of any county in this state, or any two commissioners thereof in vacation, shall be satisfied that any felony has been committed in said county, such commission or commissioners may, at their discretion, offer a standing reward of not exceeding five hundred dollars for the apprehension and arrest of the person or persons committing the same, which reward shall be paid out of the county treasury; but in no instance shall any reward, or any part thereof, be paid to any person who may be entitled thereto until final conviction of the defendant.

(RSMo 1939 § 3890)

Prior revisions: 1929 § 3500; 1919 § 3845; 1909 § 5053

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.

(RSMo 1939 § 3867)

Prior revisions: 1929 § 3477; 1919 § 3822; 1909 § 5030

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.

(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.

544.640 - Recognizance forfeited, when.

If, without sufficient cause or excuse, the defendant fails to appear for trial or judgment, or upon any other occasion when his presence in court may be lawfully required, according to the condition of his recognizance, the court must direct the fact to be entered upon its minutes, and thereupon the recognizance is forfeited, and the same shall be proceeded upon by scire facias to final judgment and execution thereon, although the defendant may be afterward arrested on the original charge, unless remitted by the court for cause shown.

(RSMo 1939 § 3973)

Prior revisions: 1929 § 3584; 1919 § 3927; 1909 § 5134

(1954) Words "unless remitted by the court for cause shown" relate to the whole of § 544.640 and trial court, while the matter is pending before it, may for cause remit the penalty before final judgment but such remission must be based on proof of extraordinary and unusual circumstances. State v. Salisbury, 364 Mo. 1039, 271 S.W.2d522.

(1961) Where defendant failed to appear on misdemeanor charge at time fixed in his bond, the bond could be forfeited, notwithstanding his attorney appeared and the information in the case was dismissed as being insufficient. State v. Norton (Mo.), 347 S.W.2d 849.

(1973) Incarceration of defendant in another state is not circumstance which will discharge his surety as a matter of law.State v. Jones (Mo.), 491 S.W.2d 241.

(1974) Only grounds for discharge of a surety on a bail bond are failure to appear because of (1) an act of God, (2) an act of law, (3) an act of an obligee. State owes no duty to have party returned under agreement on detainers in order to avoid forfeiture of bond. State v. Patterson (A.), 508 S.W.2d 304.

(1974) Held that release of surety on bond is mandatory where defendant is produced in open court after forfeiture of bond but before a judgment on the forfeiture. Proper venue for action on the bond is in court of county where action commenced, not in county to which action was transferred on change of venue. State v. Street (A.), 510 S.W.2d 225.

(1974) Held that court is not required to have either accused or his bondsman called prior to forfeiture of bail. State v. Henderson (A.), 512 S.W.2d 218.

(1980) After the police had obtained custody of defendant and a bail bond forfeiture proceeding is subsequently held, the court is not required to release surety from liability. State v. Armstrong (A.), 605 S.W.2d 526.

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.

(RSMo 1939 § 3875)

Prior revisions: 1929 § 3485; 1919 § 3830; 1909 § 5038

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.

(RSMo 1939 § 3963, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3574; 1919 § 3917; 1909 § 5124

*Word "have" appears in original rolls.

544.040 - Bail, associate circuit judge may grant, when.

If the offense charged is a bailable one, the associate circuit judge who issued the warrant may, at the request of the person arrested, release him as provided in section 544.455 for his appearance at the next term of the court having jurisdiction of the offense.

(RSMo 1939 § 3858, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3468; 1919 § 3813; 1909 § 5021

(1959) Where defendant was arrested in 1956 on his release from state penitentiary on a 1953 warrant charging him with forgery and after his release gave a bond on the postponement of his preliminary hearing, the offense was barred by limitations since an information or indictment was not filed in three years, and the bond consequently was invalid. State v. Haverstick (Mo.), 326 S.W.2d 92.

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.

(RSMo 1939 § 4183)

Prior revisions: 1929 § 3793; 1919 § 4139; 1909 § 5344

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.

(RSMo 1939 § 3866, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3476; 1919 § 3821; 1909 § 5029

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.

(RSMo 1939 § 3965, A.L. 1957 p. 379, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3576; 1919 § 3919; 1909 § 5126

544.660 - Writs of scire facias, service construed.

Whenever two successive writs of scire facias shall have been issued upon any forfeited recognizance or bail bond, and return shall be made on each of said writs by the sheriff or marshal that any of the parties therein cannot be found, such two returns shall be deemed a sufficient service upon the person as to whom such returns were made.

(RSMo 1939 § 3975)

Prior revisions: 1929 § 3586; 1919 § 3929; 1909 § 5136

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.

(RSMo 1939 § 3862)

Prior revisions: 1929 § 3472; 1919 § 3817; 1909 § 5025

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.

(RSMo 1939 § 3868)

Prior revisions: 1929 § 3478; 1919 § 3823; 1909 § 5031

544.160 - Escaped prisoner may be retaken after term expires.

If any person sentenced to imprisonment in a county jail or in the penitentiary on a conviction for a criminal offense shall escape, he may be pursued, retaken and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time he is retaken, and remain so imprisoned until tried for such escape, or until he be discharged by a failure to prosecute therefor.

(RSMo 1939 § 4318)

Prior revisions: 1929 § 3924; 1919 § 3172; 1909 § 4390

544.060 - Issuance of warrants by clerk upon indictments.

When an indictment is found, the court may direct the clerk to issue a warrant returnable forthwith; and if no order is made he must issue warrants upon all indictments as soon as practicable after the close of the term, unless otherwise ordered by the judge or prosecuting attorney; provided, that no warrants shall be issued for persons who may be in custody at the time of the finding of such indictment, and in cases where two or more indictments are found against one person, but one warrant shall be issued, which shall enumerate the several offenses charged in the indictments.At the time of issuing a warrant, the clerk shall issue subpoenas for the witnesses on behalf of the state, but such subpoenas shall not be served until the defendant is arrested or in custody.

(RSMo 1939 § 3956)

Prior revisions: 1929 § 3567; 1919 § 3910; 1909 § 5117

544.193 - Strip searches prohibited, when — how executed if authorized.

1.As used in sections 544.193 to 544.197:

(1)"Body cavity search" means the inspection of a person's anus or genitalia, including but not limited to inspections conducted visually, manually or by means of any physical instrument.

(2)"Strip search" means the removal or rearrangement of some or all of the clothing of a person so as to permit an inspection of the genitals, buttocks, anus, breasts or undergarments of such person, including but not limited to inspections conducted visually, manually or by means of any physical instrument.

2.No person arrested or detained for a traffic offense or an offense which does not constitute a felony may be subject to a strip search or a body cavity search by any law enforcement officer or employee unless there is probable cause to believe that such person is concealing a weapon, evidence of the commission of a crime or contraband.

3.All strip searches and body cavity searches conducted by law enforcement officers or employees in this state shall be performed by persons of the same sex as the person being searched, and shall be conducted on premises where the search cannot be observed by any person other than the persons physically conducting the search, except that nothing herein shall be interpreted to prohibit a readily available person from being present at the request and consent of the person being searched.

4.A body cavity search of any person detained or arrested for a traffic offense or an offense which does not constitute a felony may only be conducted pursuant to a duly executed search warrant, under sanitary conditions and by a physician, registered nurse or practical nurse, licensed to practice in this state.

5.Every law enforcement officer or employee conducting a strip search or body cavity search shall:

(1)Obtain the written permission of the person in command of the law enforcement agency in which the strip search or body cavity search is to be conducted authorizing the strip search or body cavity search; and

(2)Prepare a report regarding the strip search or body cavity search. The report shall include:

(a)The written permission required in subdivision (1) above;

(b)The name of the person searched;

(c)The name of the persons conducting the search;

(d)The time, date and place of the search.

A copy of the report shall be furnished to the person who was searched.

(L. 1980 H.B. 982 § 1)

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.

(RSMo 1939 § 3968, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3579; 1919 § 3922; 1909 § 5129

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.

(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.).

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.

(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.

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.

(RSMo 1939 § 3863)

Prior revisions: 1929 § 3473; 1919 § 3818; 1909 § 5026

544.070 - Issuance of process.

A warrant or other process for the arrest of the defendant indicted may be issued by the court in which such indictment shall have been found or may be pending, or by the judge or clerk thereof, or by any judge of the supreme court, and by no other officers, and may be directed to and executed in any county in this state.

(RSMo 1939 § 3955)

Prior revisions: 1929 § 3566; 1919 § 3909; 1909 § 5116

544.197 - Sections 544.193 to 544.197 not applicable, when.

The provisions of sections 544.193 to 544.197 shall not apply to persons committed to a correctional institution or jail by judgment of a court of competent jurisdiction.

(L. 1980 H.B. 982 § 3)

544.170 - Twenty hours detention on arrest without warrant — twenty-four hours detention for certain offenses, rights of confinee — violations, penalty.

1.All persons arrested and confined in any jail or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on suspicion thereof, shall be discharged from said custody within twenty-four hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense.

2.In any confinement to which the provisions of this section apply, the confinee shall be permitted at any reasonable time to consult with counsel or other persons acting on the confinee's behalf.

3.Any person who violates the provisions of this section, by refusing to release any person who is entitled to release pursuant to this section, or by refusing to permit a confinee to consult with counsel or other persons, or who transfers any such confinees to the custody or control of another, or to another place, or who falsely charges such person, with intent to avoid the provisions of this section, is guilty of a class A misdemeanor.

(RSMo 1939 § 4346, A.L. 2001 H.B. 80, A.L. 2005 H.B. 353)

Prior revisions: 1929 § 3952; 1919 § 3200; 1909 § 4418

CROSS REFERENCES:

Concealment of prisoners to avoid service of habeas corpus writ, penalty, 532.650

Custodian to furnish prisoners copy of process within six hours after demand, penalty for failure, 532.630

Police in city of St. Louis may refuse access to prisoners by shysters or attorneys soliciting business, 84.230

Rearrest of person discharged on habeas corpus, penalty, 532.660

(1961) The fact that a peace officer violates a statute by holding a person in excess of the time provided by law without charging him with a criminal offense does not, as a matter of law, render the prisoner's confession involuntary. State v. Bridges (Mo.), 349 S.W.2d 214.

(1963) Failure to release a prisoner in the time prescribed by this section without having him charged with a criminal offense does not, as a matter of law, render the prisoner's confession involuntary, but such facts together with long period of interrogation were evidence of mental duress and coercion necessitating inclusion in instruction governing voluntariness of defendant's confessions the submission of issue of mental coercion. State v. Williams (Mo.), 369 S.W.2d 408.

(1966) A prisoner's confession is not rendered involuntary as a matter of law by the fact that a peace officer violates a statute by holding a person in excess of the time provided by law without charging him with a criminal offense. State v. Paghe (Mo.), 403 S.W.2d 635.

(1972) Detention beyond statutory limit, standing alone, is not sufficient to make an otherwise voluntary statement involuntary.Roberts v. State (Mo.), 476 S.W.2d 490.

(1976) Held that confinement for more than twenty hours is not a wrongful confinement in a constitutional sense and violation of the statute would not be grounds for suppressing a confession. United States v. Rose (C.A. Mo.), 541 F.2d 750.

(1996)Statute is not intended to be an investigative tool for police, but sets a limit on the time a suspect may be detained, whose arrest was otherwise lawful, while determining whether there is sufficient evidence of a crime to take to a judge or prosecutor."Therefore, any interpretation of section 544.170 which includes authority for making investigative arrests would clearly be unconstitutional."U.S. v. Roberts, 928 F.Supp. 910 (W.D. Mo.).

544.195 - Rights and remedies of person wronged.

1.Nothing in sections 544.193 to 544.197 shall be construed as limiting any common law or statutory rights of any person regarding any action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any law enforcement official or employee who has violated sections 544.193 to 544.197.

2.Any person who suffers actual damage as a result of the violation of sections 544.193 to 544.197 may bring a private civil action in the circuit court of any county in which any defendant resides or in which the search complained of occurred or in which any plaintiff resides and a defendant may be found, to recover actual damages.In addition to actual damages, the court may, in its discretion, also award punitive damages and such equitable relief as it deems necessary and proper.The court may award reasonable attorney's fees to the prevailing party, which attorney's fees shall be based on the amount of time reasonably expended by an attorney on behalf of the prevailing party.

(L. 1980 H.B. 962 § 2)

544.676 - Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit.

1.Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.

2.In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:

(1)The defendant's criminal record;

(2)Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;

(3)The nature and circumstances of the crime for which bail is being sought.

3.A defendant who is denied bail because he poses a danger to a crime victim, witness, or the community shall, upon written request filed at arraignment, be entitled to a trial which begins within one hundred twenty days of his arraignment or within one hundred twenty days of an order granting a change of venue, whichever occurs later.The provisions of this subsection shall be waived and of no effect if the defendant requests and receives a continuance or if bail is set for the defendant.

(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)

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.

(L. 1987 H.B. 341 § 2, A.L. 1998 H.B. 1147, et al.)

CROSS REFERENCE:

Crime laboratory assistance program, 650.100, 650.105

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.

(L. 2008 H.B. 1549, et al. § 577.900, A.L. 2014 S.B. 491)

Transferred 2014; formerly 577.680; Effective 1-01-17

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.

(L. 2012 H.B. 1323)

544.046 - Compact — entered into.

The Nonresident Violator Compact, hereinafter called "the compact," is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

Article I

(a)The party jurisdictions find that:

(1)In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction:

(i)Must post collateral or bond to secure appearance for trial at a later date; or

(ii)If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or

(iii)Is taken directly to court for his trial to be held.

(2)In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.

(3)The purpose of the practices described in paragraphs (1) and (2) above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.

(4)A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.

(5)The practice described in paragraph (1) above causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.

(6)The deposit of a driver's license as a bail bond, as described in paragraph (2) above, is viewed with disfavor.

(7)The practices described herein consume an undue amount of law enforcement time.

(b)It is the policy of the party jurisdictions to:

(1)Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.

(2)Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.

(3)Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.

(4)Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.

(c)The purpose of this compact is to:

(1)Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.

(2)Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.

Article II

(a)In the Nonresident Violator Compact, the following words have the meaning indicated, unless the context requires otherwise.

(b)(1)"Citation" means any summons, ticket, or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.

(2)"Collateral" means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.

(3)"Court" means a court of law or traffic tribunal.

(4)"Driver's license" means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.

(5)"Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.

(6)"Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.

(7)"Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(8)"Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.

(9)"Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.

(10)"Police officer" means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.

(11)"Terms of the citation" means those options expressly stated upon the citation.

Article III

(a)When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's signed, personal recognizance that he or she will comply with the terms of the citation.

(b)Personal recognizance is acceptable only if not prohibited by law.If mandatory appearance is required, it must take place immediately following issuance of the citation.

(c)Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued.The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the Compact Manual as minimum requirements for effective processing by the home jurisdiction.

(d)Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content as contained in the Compact Manual.

(e)The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted.

(f)The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued unless the motorist was operating a Commercial Motor Vehicle (CMV) or was a Commercial Driver License (CDL) holder at the time of the offense.

(g)The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.

Article IV

(a)Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.Due process safeguards will be accorded.

(b)The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the Compact Manual.

Article V

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to licenses to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party jurisdiction and a nonparty jurisdiction.

Article VI

(a)For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a Board of Compact Administrators is established.The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator.The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents.A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate.An alternate may not be entitled to serve unless written notification of his identity has been given to the board.

(b)Each member of the Board of Compact Administrators shall be entitled to one vote.No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor.Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.

(c)The board shall elect annually, from its membership, a chairman and a vice chairman.

(d)The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e)The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency, and may receive, utilize, and dispose of the same.

(f)The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, person, firm, or corporation, or any private nonprofit organization or institution.

(g)The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact.

All procedures and forms adopted pursuant to board action shall be contained in the Compact Manual.

Article VII

(a)This compact shall become effective when it has been adopted by at least two jurisdictions.

(b)(1)Entry into the compact shall be made by a Resolution of Ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairman of the board.

(2)The resolution shall be in a form and content as provided in the Compact Manual and shall include statements that in substance are as follows:

(i)A citation of the authority by which the jurisdiction is empowered to become a party to this compact.

(ii)Agreement to comply with the terms and provisions of the compact.

(iii)That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.

(3)The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than 60 days after notice has been given by the chairman of the Board of Compact Administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.

(c)A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until 90 days after notice of withdrawal is given.The notice shall be directed to the compact administrator of each member jurisdiction.No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.

Article VIII

The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.

Article IX

(a)This compact may be amended from time to time.Amendments shall be presented in resolution form to the chairman of the Board of Compact Administrators and may be initiated by one or more party jurisdictions.

(b)Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective 30 days after the date of the last endorsement.

(c)Failure of a party jurisdiction to respond to the compact chairman within 120 days after receipt of the proposed amendment shall constitute endorsement.

Article X

This compact shall be liberally construed so as to effectuate the purposes stated herein.The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government, agency, person, or circumstance, the compact shall not be affected thereby.If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.

Article XI

This compact shall be known as the Nonresident Violator Compact.

(L. 1980 H.B. 980 § 1, A.L. 2012 H.B. 1402)

(1991) Missouri nonresident violator compact does not infringe upon the rights of the national government in violation of art. 1, sec. 10, U.S.C.A. State v. Kurt, 802 S.W.2d 954 (Mo.banc).

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.

(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

544.157 - Law enforcement officers, conservation agents, capitol police, college or university police officers, and park rangers, arrest powers — fresh pursuit defined — policy of agency electing to institute vehicular pursuits.

1.Any law enforcement officer certified pursuant to chapter 590 of any political subdivision of this state, any authorized agent of the department of conservation, any commissioned member of the Missouri capitol police, any college or university police officer, and any commissioned member of the Missouri state park rangers in fresh pursuit of a person who is reasonably believed by such officer to have committed a felony in this state or who has committed, or attempted to commit, in the presence of such officer or agent, any criminal offense or violation of a municipal or county ordinance, or for whom such officer holds a warrant of arrest for a criminal offense, shall have the authority to arrest and hold in custody such person anywhere in this state.Fresh pursuit may only be initiated from within the pursuing peace officer's, conservation agent's, capitol police officer's, college or university police officer's, or state park ranger's jurisdiction and shall be terminated once the pursuing peace officer is outside of such officer's jurisdiction and has lost contact with the person being pursued.If the offense is a traffic violation, the uniform traffic ticket shall be used as if the violator had been apprehended in the municipality or county in which the offense occurred.

2.If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be made as in other cases of arrest under a warrant; if the violator is served with a uniform traffic ticket, the violator shall be directed to appear before a court having jurisdiction to try the offense; if the arrest is without a warrant, the prisoner shall be taken forthwith before a judge of a court with original criminal jurisdiction in the county wherein such arrest was made or before a municipal judge thereof having original jurisdiction to try such offense, who may release the person as provided in section 544.455, conditioned upon such person's appearance before the court having jurisdiction to try the offense.The person so arrested need not be taken before a judge as herein set out if given a summons by the arresting officer.

3.The term "fresh pursuit", as used in this section, shall include hot or fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit in this state a criminal offense or violation of municipal or county ordinance in the presence of the arresting officer referred to in subsection 1 of this section or for whom such officer holds a warrant of arrest for a criminal offense.It shall include also the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing."Fresh pursuit" as used herein shall imply instant pursuit.

4.A public agency electing to institute vehicular pursuits shall adopt a policy for the safe conduct of vehicular pursuits by peace officers.Such policy shall meet the following minimum standards:

(1)There shall be supervisory control of the pursuit;

(2)There shall be procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit;

(3)There shall be procedures for coordinating operation with other jurisdictions; and

(4)There shall be guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated.

(L. 1965 p. 662 §§ 1 to 6, A.L. 1972 H.B. 1160, A.L. 1993 S.B. 180, A.L. 1995 H.B. 421, A.L. 1997 H.B. 69 & 179 & H.B. 669, A.L. 2010 H.B. 1868, A.L. 2013 H.B. 103 merged with H.B. 307 merged with S.B. 282)

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.

(L. 1993 S.B. 19 § 595.209 subsec. 2)

544.090 - Warrants, where executed.

Warrants issued by those persons vested by Section 1 of Article V of the Constitution of Missouri with the judicial power of the state may be executed in any part of this state.

(RSMo 1939 § 3859, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 3469; 1919 § 3814; 1909 § 5022

544.190 - Rights of officer in making arrests.

If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

(RSMo 1939 § 3960)

Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § 5121

(1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States.Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.

(1980) A jury is fully capable of understanding the term "necessary means" without further definition. Davis v. Moore (A.), 601 S.W.2d 316.

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.

(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.

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.

(L. 1945 p. 842 § 3864a)

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.

(RSMo 1939 § 3967)

Prior revisions: 1929 § 3578; 1919 § 3921; 1909 § 5128

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.

(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

544.180 - Arrest.

An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise.The officer must inform the defendant by what authority he acts, and must also show the warrant if required.

(RSMo 1939 § 3959)

Prior revisions: 1929 § 3570; 1919 § 3913; 1909 § 5120

CROSS REFERENCE:

Detention of one as shoplifter not false arrest, 537.125

(1954) Under Missouri law a private person may make an arrest on showing of actual commission of a felony and reasonable grounds to suspect the accused. Richardson v. U.S., 217 F.2d 696.

(1960) Officer has a right to rely upon the presumption of the constitutionality of statute or city ordinance notwithstanding such ordinance or statute is subsequently declared to be void.Accordingly, the validity of the ordinance under which arrest was made would not be decided by the court in action for false imprisonment. Manson v. Wabash Railroad Co. (Mo.), 338 S.W.2d 54.

(1973) A private citizen may make an arrest without a warrant on a showing of commission of a felony and reasonable grounds to suspect the arrested party. State v. Fritz (Mo.), 490 S.W.2d 46.

544.080 - Issuance of warrant to sheriff — execution.

The warrant shall issue to the sheriff of the county where the indictment or information is filed, unless the prosecuting attorney directs it to be issued to some other county; warrants may be issued to different counties at the same time.The sheriff must execute the warrant and subpoenas immediately after receiving them.

(RSMo 1939 § 3957)

Prior revisions: 1929 § 3568; 1919 § 3911; 1909 § 5118

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.

(RSMo 1939 § 3869, A. 1949 H.B. 2141, A.L. 1978 H.B. 1634)

Effective 1-02-79

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.

(RSMo 1939 § 3871)

Prior revisions: 1929 § 3481; 1919 § 3826; 1909 § 5034

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.