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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1243
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
4489S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend supreme court rule 33.01, relating to conditions of release from custody in criminal
proceedings, with an 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 1
as follows:2
33.01. Misdemeanors or Felonies - Right to Release - 1
Conditions 2
(a) A defendant charged with a bailable offense shall 3
be entitled to be released from custody pending trial or 4
other stage of the criminal proceedings. 5
(b) The defendant's release shall be upon the 6
conditions that: 7
(1) The defendant will appear in the court in which the 8
case is prosecuted or appealed, from time to time as 9
required to answer the criminal charge; 10
(2) The defendant will submit to the orders, judgment 11
and sentence, and process of the court having jurisdiction 12
over the defendant; 13
(3) The defendant shall not commit any new offenses and 14
shall not tamper with any victim or witness in the case, nor 15
have any person do so on the defendant's behalf; and 16
(4) The defendant will comply fully with any and all 17
conditions imposed by the court in granting release. 18
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(c) The court shall release the defendant on the 19
defendant's own recognizance subject only to the conditions 20
under subsection (b) with no additional conditions of 21
release unless the court determines such release will not 22
secure the appearance of the defendant at trial, or at any 23
other stage of the criminal proceedings, or the safety of 24
the community or other person, including but not limited to 25
the crime victims and witnesses. If the court so determines, 26
it shall set and impose additional conditions of release 27
pursuant to this subsection. 28
The court shall set and impose the least restrictive 29
condition or combination of conditions of release, and the 30
court shall not set or impose any condition or combination 31
of conditions of release greater than necessary to secure 32
the appearance of the defendant at trial, or at any other 33
stage of the criminal proceedings, or the safety of the 34
community or other person, including but not limited to the 35
crime victims and witnesses. 36
[When considering the least restrictive condition or 37
combination of conditions of release to set and impose, the 38
court shall first consider non-monetary conditions. Should 39
the court determine non-monetary conditions alone will not 40
secure the appearance of the defendant at trial, or at any 41
other stage of the criminal proceedings, or the safety of 42
the community or other person, including but not limited to 43
the crime victims and witnesses, then the court may consider 44
monetary conditions or a combination of non-monetary and 45
monetary conditions to satisfy the foregoing. After 46
considering the defendant's ability to pay, a monetary 47
condition fixed at more than is necessary to secure the 48
appearance of the defendant at trial, or at any other stage 49
of the criminal proceedings, or the safety of the community 50
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or other person, including but not limited to the crime 51
victims and witnesses, is impermissible.] The court shall 52
have discretion to impose monetary or non-monetary 53
conditions of release as the court determines appropriate 54
under the individual circumstances of the defendant and the 55
case. However, in making this determination, the court shall 56
give substantial weight to: 57
(1) The defendant's prior criminal convictions or 58
history of criminal activity; 59
(2) Any prior failures to appear in court by the 60
defendant; 61
(3) The nature and seriousness of the current criminal 62
charge; and 63
(4) Any known risk to the safety of the community or 64
other person. 65
The court shall not be required to exhaust non-monetary 66
conditions before setting monetary conditions if the court 67
determines that such monetary conditions are necessary to 68
reasonably assure the appearance of the defendant and 69
protect the safety of the public or other persons. The 70
discretion exhausted by the court under this rule shall be 71
presumed to be valid and shall not be disturbed upon review 72
absent a clear abuse of discretion. 73
If the court determines additional conditions of 74
release are required pursuant to this subsection, it shall 75
set and impose one or more of the following conditions of 76
release: 77
(1) Place the defendant in the custody of a designated 78
person or organization agreeing to supervise the defendant; 79
(2) Place restrictions on the travel, association, or 80
place of abode of the defendant during the period of 81
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release, including the holding by the court of the 82
defendant's passport; 83
(3) Require the defendant to report regularly to some 84
officer of the court or peace officer, in such manner as the 85
court directs; 86
(4) Require the use of electronic monitoring of 87
defendant's location, the testing of defendant for drug or 88
alcohol use, or the installation and use of ignition 89
interlock devices. The court may order the eligible 90
defendant to pay all or a portion of the costs of such 91
conditions, but the court shall consider how best to 92
minimize the costs to the defendant and waive the costs for 93
an eligible defendant who is indigent and who has 94
demonstrated to the court an inability to pay all or a 95
portion of the costs; 96
(5) Require the defendant to seek employment, to 97
maintain employment, or to maintain or commence an 98
educational program; 99
(6) Require the defendant to comply with a specified 100
curfew; 101
(7) Require the defendant to refrain from possessing a 102
firearm or other deadly weapon; 103
(8) Require the defendant to abstain from possession or 104
use of alcohol or any controlled substance without a 105
physician's prescription; 106
(9) Require the defendant to undergo available medical, 107
psychological or psychiatric treatment, including treatment 108
for drug or alcohol dependency and remain in a specified 109
institution if required for that purpose; 110
(10) Require the defendant to return to custody for 111
specified hours following release for employment, school, 112
treatment, or other limited purpose; 113
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(11) Require the defendant to be placed on home 114
supervision with or without the use of an electronic 115
monitoring device. The court may order the eligible 116
defendant to pay all or a portion of the costs of the 117
electronic monitoring, but the court shall consider how best 118
to minimize the costs of such condition to the defendant and 119
waive the costs for an eligible defendant who is indigent 120
and who has demonstrated to the court an inability to pay 121
all or a portion of the costs; 122
(12) Require the defendant to execute a monetary bond 123
in a stated amount wherein the defendant promises to pay to 124
the court the stated amount should the defendant fail to 125
appear or abide by the conditions of release; 126
(13) Require the execution of a monetary bond in a 127
stated amount with sufficient sureties, or the deposit in 128
the registry of the court of a sum in cash or negotiable 129
bonds of the United States or the State of Missouri or any 130
political subdivision; 131
(14) Require the execution of a monetary bond in a 132
stated amount and the deposit in the registry of the court 133
of 10 percent, or such lesser sum as the court directs, of 134
such sum in cash or negotiable bonds of the United States or 135
the State of Missouri or any political subdivision; 136
(15) Require the deposit of a property bond of 137
sufficient value as approved and directed by the court; 138
(16) Impose other conditions necessary to secure the 139
appearance of the defendant at trial, or at any other stage 140
of the criminal proceedings, or the safety of the community 141
or other person, including but not limited to the crime 142
victims and witnesses. 143
(d) Should the court determine upon clear and 144
convincing evidence that no combination of non-monetary 145
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conditions and monetary conditions will secure the safety of 146
the community or other person, including but not limited to 147
the crime victims and witnesses, then the court shall order 148
the defendant detained pending trial or any other stage of 149
the criminal proceedings. A defendant so detained shall, 150
upon written request filed after arraignment, be entitled to 151
a trial which begins within 120 days of the defendant's 152
request or within 120 days of an order granting a change of 153
venue, whichever occurs later. Any request by the defendant 154
to continue the trial beyond the 120 days shall be 155
considered a waiver by the defendant of the right to have 156
the trial conducted within 120 days. 157
(e) In determining whether to detain the defendant 158
pursuant to subsection (d) or release the defendant with a 159
condition or combination of conditions of release, if any, 160
pursuant to subsection (c), the court shall base its 161
determination on the individual circumstances of the 162
defendant and the case. Based on available information, the 163
court shall take into account: the nature and circumstances 164
of the offense charged; the weight of the evidence against 165
the defendant; the defendant's family ties, employment, 166
financial resources, including ability to pay, character, 167
and mental condition; the length of the defendant's 168
residence in the community; the defendant's record of 169
convictions; the defendant's record of appearance at court 170
proceedings or flight to avoid prosecution or failure to 171
appear at court proceedings; whether the defendant was on 172
probation, parole or release pending trial or appeal at the 173
time the offense for which the court is considering 174
detention or release was committed; and any validated 175
evidentiary-based risk assessment tool approved by the 176
Supreme Court of Missouri. 177
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(f) A court detaining or releasing the defendant under 178
this Rule shall enter an order stating the condition or 179
combination of conditions of release, if any, set and 180
imposed by the court. If the defendant is detained and 181
unable to comply with any condition of release, the 182
defendant shall have the right to a release hearing pursuant 183
to Rule 33.05. At any hearing conducted under Rule 33, the 184
court shall permit but not require either party to make a 185
record on the defendant's financial status and ability to 186
pay any monetary condition or other relevant issue. At such 187
hearing, the court shall also make written or oral findings 188
on the record supporting the reasons for detention or 189
conditions set and imposed. The court shall inform the 190
defendant of the conditions set and imposed, if any, and 191
that the conditions of release may be revoked and the 192
defendant detained until trial or other stage of the 193
criminal proceedings for violation of any of the conditions 194
of release and that a warrant for the defendant's arrest may 195
be issued immediately upon notification to the court of any 196
such violation. 197
Section B. Section A of this act shall become 1
effective on January 1, 2027. 2
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