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SECOND REGULAR SESSION
HOUSE BILL NO. 2310
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JONES (12).
5888H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 84.710 and 544.170, RSMo, and to enact in lieu thereof two new sections
relating to law enforcement detention time.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 84.710 and 544.170, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 84.710 and 544.170, to read as follows:
84.710. 1. The members of the police force appointed in pursuance hereof are hereby
2 declared to be of ficers of the state of Missouri and of the city for which such commissioners
3 are appointed.
4 2. They shall have power within the city or on public property of the city beyond the
5 corporate limits thereof to arrest, on view , any person they see violating or whom they have
6 reason to suspect of having violated any law of the state or ordinance of the city . They shall
7 have power to arrest and hold, without warrant, for a period of time not exceeding [ twenty-
8 four ] seventy-two hours, persons found within the city or on public property of the city
9 beyond the corporate limits thereof char ged with having committed felonies in other states,
10 and who are reported to be fugitives from justice. They shall also have the power to stop any
11 person abroad whenever there is reasonable ground to suspect that he is committing, has
12 committed or is about to commit a crime and demand of him his name, address, business
13 abroad and whither he is going. When stopping or detaining a suspect, they may search him
14 for a dangerous weapon whenever they have reasonable ground to believe they are in danger
15 from the possession of such dangerous weapon by the suspect. No unreasonable force shall
16 be used in detaining or arresting any person, but such force as may be necessary may be used
17 when there is no other apparent means of making an arrest or preventing an escape and only
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 after the peace of ficer has made every reasonable effor t to advise the person that he is the
19 peace of ficer engaged in making arrest.
20 3. Any person who has been arrested without a warrant may be released, without
21 being taken before a judge, by the of ficer in char ge of the police station whenever the of ficer
22 is satisfied that there is no ground for making complaint against him, or when the person was
23 arrested for a misdemeanor and will sign a satisfactory agreement to appear in court at the
24 time designated.
544.170. 1. All persons arrested and confined in any jail or other place of
2 confinement by any peace of ficer , without warrant or other process, for any alleged breach of
3 the peace or other criminal of fense, or on suspicion thereof, shall be dischar ged from said
4 custody within [ twenty-four ] seventy-two hours from the time of such arrest, unless they
5 shall be char ged with a criminal of fense by the oath of some credible person, and be held by
6 warrant to answer to such of fense.
7 2. In any confinement to which the provisions of this section apply , the confinee shall
8 be permitted at any reasonable time to consult with counsel or other persons acting on the
9 confinee's behalf.
10 3. Any person who violates the provisions of this section, by refusing to release any
11 person who is entitled to release pursuant to this section, or by refusing to permit a confinee to
12 consult with counsel or other persons, or who transfers any such confinees to the custody or
13 control of another , or to another place, or who falsely char ges such person, with intent to
14 avoid the provisions of this section, is guilty of a class A misdemeanor .
✔
HB 2310 2