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Section/Rule:
33.17
Subject:
Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Bonds - Surety, Individual - Qualifications
Revised / Effective Date:
January 1, 2007
33.17. Bonds - Surety, Individual - Qualifications
A person shall not be accepted as a surety on any bail bond unless the person:
(
a
) Is reputable and at least twenty-one years of age;
(
b
) Has net assets with a value in excess of exemptions at least equal to the amount of the bond that are subject to execution in the state of Missouri;
(c)
Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere to:
(1) Any felony of this state or the United States; or
(2) Any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed;
(
d
) Is not a lawyer, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety;
(
e
) Is not an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof, except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety; and
(
f
) Has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States.
If there is more than one surety, the aggregate net worth of the sureties in excess of exemptions shall be at least equal to the amount of the bond.
(Adopted, June 13, 1979, eff. Jan. 1, 1980. Amended April 20,1 981, eff. Jan. 1, 1982; Feb. 25, 1992, eff. Jan. 1, 1993; may 30, 2006, eff. Jan. 1, 2007.)
Committee Note - 1980
Compare: Prior Rule
32.14
and prior Rule
32.15
.
Committee Note - 1982
The only change is the addition of “except that this disqualification shall not apply if the principal is the spouse, child or family member of the surety” in paragraphs (d) and (e).
