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SECOND REGULAR SESSION
HOUSE BILL NO. 3481
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
7429H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend supreme court rule 33.01, relating to conditions of release from custody in criminal
proceedings, with a delayed effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Supreme court rule 33.01 is amended, to read as follows:
33.01. Misdemeanors or Felonies - Right to Release - Conditions
(a) A defendant charged with a bailable offense shall be entitled to be released from2
custody pending trial or other stage of the criminal proceedings.3
(b) The defendant's release shall be upon the conditions that:4
(1) The defendant will appear in the court in which the case is prosecuted or appealed,5
from time to time as required to answer the criminal charge;6
(2) The defendant will submit to the orders, judgment and sentence, and process of the7
court having jurisdiction over the defendant;8
(3) The defendant shall not commit any new offenses and shall not tamper with any9
victim or witness in the case, nor have any person do so on the defendant's behalf; and10
(4) The defendant will comply fully with any and all conditions imposed by the court in11
granting release.12
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(c) The court shall release the defendant on the defendant's own recognizance subject14
only to the conditions under subsection (b) with no additional conditions of release unless the15
court determines such release will not secure the appearance of the defendant at trial, or at any16
other stage of the criminal proceedings, or the safety of the community or other person,17
EXPLANATION — 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.
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including but not limited to the crime victims and witnesses. If the court so determines, it shall18
set and impose additional conditions of release pursuant to this subsection.19
The court shall set and impose the least restrictive condition or combination of conditions20
of release, and the court shall not set or impose any condition or combination of conditions of21
release greater than necessary to secure the appearance of the defendant at trial, or at any other22
stage of the criminal proceedings, or the safety of the community or other person, including but23
not limited to the crime victims and witnesses.24
[When considering the least restrictive condition or combination of conditions of release25
to set and impose, the court shall first consider non-monetary conditions. Should the court26
determine non-monetary conditions alone will not secure the appearance of the defendant at trial,27
or at any other stage of the criminal proceedings, or the safety of the community or other person,28
including but not limited to the crime victims and witnesses, then the court may consider29
monetary conditions or a combination of non-monetary and monetary conditions to satisfy the30
foregoing. After considering the defendant's ability to pay, a monetary condition fixed at more31
than is necessary to secure the appearance of the defendant at trial, or at any other stage of the32
criminal proceedings, or the safety of the community or other person, including but not limited33
to the crime victims and witnesses, is impermissible. ] The court shall have discretion to34
impose monetary or non-monetary conditions of release as the court determines35
appropriate under the individual circumstances of the defendant and the case. However,36
in making this determination, the court shall give substantial weight to:37
(1) The defendant's prior criminal convictions or history of criminal activity;38
(2) Any prior failures to appear in court by the defendant;39
(3) The nature and seriousness of the current criminal charge; and40
(4) Any known risk to the safety of the community or other person.41
The court shall not be required to exhaust non-monetary conditions before setting42
monetary conditions if the court determines that such monetary conditions are necessary43
to reasonably assure the appearance of the defendant and protect the safety of the public44
or other persons. The discretion exhausted by the court under this rule shall be presumed45
to be valid and shall not be disturbed upon review absent a clear abuse of discretion.46
(d) If the court determines additional conditions of release are required pursuant to [this]47
subsection (c), it shall set and impose one or more of the following conditions of release:48
(1) Place the defendant in the custody of a designated person or organization agreeing49
to supervise the defendant;50
EXPLANATION — 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.
HB 3481 3
(2) Place restrictions on the travel, association, or place of abode of the defendant during51
the period of release, including the holding by the court of the defendant's passport;52
(3) Require the defendant to report regularly to some officer of the court or peace officer,53
in such manner as the court directs;54
(4) Require the use of electronic monitoring of defendant's location, the testing of55
defendant for drug or alcohol use, or the installation and use of ignition interlock devices. The56
court may order the eligible defendant to pay all or a portion of the costs of such conditions, but57
the court shall consider how best to minimize the costs to the defendant and waive the costs for58
an eligible defendant who is indigent and who has demonstrated to the court an inability to pay59
all or a portion of the costs;60
(5) Require the defendant to seek employment, to maintain employment, or to maintain61
or commence an educational program;62
(6) Require the defendant to comply with a specified curfew;63
(7) Require the defendant to refrain from possessing a firearm or other deadly weapon;64
(8) Require the defendant to abstain from possession or use of alcohol or any controlled65
substance without a physician's prescription;66
(9) Require the defendant to undergo available medical, psychological or psychiatric67
treatment, including treatment for drug or al cohol dependency and remain in a specified68
institution if required for that purpose;69
(10) Require the defendant to return to custody for specified hours following release for70
employment, school, treatment, or other limited purpose;71
(11) Require the defendant to be placed on home supervision with or without the use of72
an electronic monitoring device. The court may or der the eligible defendant to pay all or a73
portion of the costs of the electronic monitoring, but the court shall consider how best to74
minimize the costs of such condition to the de fendant and waive the costs for an eligible75
defendant who is indigent and who has demonstrat ed to the court an in ability to pay all or a76
portion of the costs;77
(12) Require the defendant to execute a monetary bond in a stated amount wherein the78
defendant promises to pay to the court the stated amount should the defendant fail to appear or79
abide by the conditions of release;80
(13) Require the execution of a monetary bond in a stated amount with sufficient sureties,81
or the deposit in the registry of the court of a sum in cash or negotiable bonds of the United82
States or the State of Missouri or any political subdivision;83
(14) Require the execution of a monetary bond in a stated amount and the deposit in the84
registry of the court of 10 percent, or such lesser sum as the court directs, of such sum in cash85
or negotiable bonds of the United States or the State of Missouri or any political subdivision;86
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(15) Require the deposit of a property bond of sufficient value as approved and directed87
by the court;88
(16) Impose other conditions necessary to secure the appearance of the defendant at trial,89
or at any other stage of the criminal proceedings, or the safety of the community or other person,90
including but not limited to the crime victims and witnesses.91
[(d)] (e) Should the court determine upon clear and convincing evidence that no92
combination of non-monetary conditions and monetary conditions will secure the safety of the93
community or other person, including but not limited to the crime victims and witnesses, then94
the court shall order the defendant detained pe nding trial or any other stage of the criminal95
proceedings. A defendant so detained shall, upon written request filed after arraignment, be96
entitled to a trial which begins within 120 days of the defendant's request or within 120 days of97
an order granting a change of venue, whichever occurs later. Any request by the defendant to98
continue the trial beyond the 120 days shall be considered a waiver by the defendant of the right99
to have the trial conducted within 120 days.100
[(e)] (f) In determining whether to detain the defendant pursuant to subsection [(d)] (e)101
or release the defendant with a condition or co mbination of conditions of release, if any,102
pursuant to subsection (c), the court shall base its determination on the individual circumstances103
of the defendant and the case. Based on available information, the court shall take into account:104
the nature and circumstances of the offense char ged; the weight of the evidence against the105
defendant; the defendant's family ties, employment, financial resources, including ability to pay,106
character, and mental condition; the length of the defendant's residence in the community; the107
defendant's record of convictions; the defendant's record of appearance at court proceedings or108
flight to avoid prosecution or failure to appear at court proceedings; whether the defendant was109
on probation, parole or release pending trial or appeal at the time the offense for which the court110
is considering detention or release was comm itted; and any validated evidentiary-based risk111
assessment tool approved by the Supreme Court of Missouri.112
[(f)] (g) A court detaining or releasing the defendant under this Rule shall enter an order113
stating the condition or combination of conditions of release, if any, set and imposed by the114
court. If the defendant is detained and unable to comply with any condition of release, the115
defendant shall have the right to a release hearing pursuant to Rule 33.05. At any hearing116
conducted under Rule 33, the court shall permit but not require either party to make a record on117
the defendant's financial status and ability to pay any monetary condition or other relevant issue.118
At such hearing, the court shall also make written or oral findings on the record supporting the119
reasons for detention or conditions set and imposed. The court shall inform the defendant of the120
conditions set and imposed, if any, and that th e conditions of release may be revoked and the121
defendant detained until trial or other stage of the criminal proceedings for violation of any of122
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the conditions of release and that a warrant for the defendant's arrest may be issued immediately123
upon notification to the court of any such violation.124
Section B. Section A of this act shall become effective on January 1, 2027.
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