Supreme Court of Missouri
en banc
June 30, 2019
Effective January 1, 2020
Effective January 1, 2020
In re:
(1) Repeal of subdivision 21.03, entitled "Misdemeanors – Summons or Warrant of Arrest – When Issued;" subdivision 21.06, entitled "Misdemeanors – Warrant for Arrest – Contents;" and the heading title and subdivision 21.09, entitled "Misdemeanors – Appearance Under Warrant Before the Court," of Rule 21, entitled "Procedure Applicable to Misdemeanors Only," and in lieu thereof adoption of a new subdivision 21.03, entitled "Misdemeanors – Summons or Warrant of Arrest – When Issued;" a new subdivision 21.06, entitled "Misdemeanors – Warrant for Arrest – Contents;" and a new heading title and a new subdivision 21.09, entitled "Misdemeanors – Initial Appearance Under Warrant Before the Court."
(2) Repeal of the heading title and subdivision 22.04, entitled "Felonies – Warrant of Arrest – When Issued;" subdivision 22.05, entitled "Felonies – Warrant for Arrest – Contents," and the heading title and subdivision 22.07, entitled "Felonies – Appearance Under Warrant Before the Court," of Rule 22, entitled "Procedure Applicable to Felonies Only," and in lieu thereof adoption of a new heading title and a new subdivision 22.04, entitled "Felonies – Summons or Warrant of Arrest – When Issued;" a new subdivision 22.05, entitled "Felonies – Warrant for Arrest – Contents," and a new heading title and a new subdivision 22.07, entitled "Felonies – Initial Appearance Under Warrant Before the Court."
(3) Repeal of subdivisions (e) and (f) of subdivision 33.01, entitled "Misdemeanors or Felonies – Right to Release – Conditions;" subdivision 33.05, entitled "Misdemeanors or Felonies – Release Hearing;" subdivision 33.06, entitled "Misdemeanors or Felonies – Modification of Conditions of Release," and subdivision 33.08, entitled "Misdemeanors or Felonies – Rearrest of Defendant," of Rule 33, entitled "Misdemeanors or Felonies – Release Pending Further Proceedings," and in lieu thereof adoption of new subdivisions (e) and (f) of subdivision 33.01, entitled "Misdemeanors or Felonies – Right to Release – Conditions;" a new subdivision 33.05, entitled "Misdemeanors or Felonies – Release Hearing;" a new subdivision 33.06, entitled "Misdemeanors or Felonies – Modification of Conditions of Release," and a new subdivision 33.08, entitled "Misdemeanors or Felonies – Rearrest of Defendant."
ORDER
1. It is ordered that effective January 1, 2020, subdivision 21.03, subdivision 21.06, and the heading title and subdivision 21.09 of Rule 21 be and the same are hereby repealed and a new subdivision 21.03, a new subdivision 21.06, and a new heading title and a new subdivision 21.09 adopted in lieu thereof to read as follows:
21.03 MISDEMEANORS – SUMMONS OR WARRANT OF ARREST – WHEN ISSUED
(a) When an information is filed pursuant to Rule 21.02, a summons shall be issued unless the court finds that sufficient facts have been stated to show probable cause that a misdemeanor has been committed and there are reasonable grounds to believe:
If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a misdemeanor is returned, either a summons or warrant of arrest may be issued.
(c) When an information or indictment charges a corporation with the commission of a misdemeanor, a summons shall be issued.
(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the State, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).
21.06 MISDEMEANORS – WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the State of Missouri. It may be directed to any peace officer in the state.
(b) The warrant shall:
21.09 MISDEMEANORS – INITIAL APPEARANCE UNDER WARRANT BEFORE THE COURT
A defendant arrested and confined under the initial warrant for any misdemeanor offense issued pursuant to Rule 21.03 or Rule 21.08 shall be brought forthwith for an appearance, as set forth in Rule 21.10, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
(a) When an information is filed pursuant to Rule 21.02, a summons shall be issued unless the court finds that sufficient facts have been stated to show probable cause that a misdemeanor has been committed and there are reasonable grounds to believe:
(1) The defendant will not appear upon the summons; or
(2) The defendant poses a danger to a crime victim, the community, or any other person.
(2) The defendant poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a misdemeanor is returned, either a summons or warrant of arrest may be issued.
(c) When an information or indictment charges a corporation with the commission of a misdemeanor, a summons shall be issued.
(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the State, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).
21.06 MISDEMEANORS – WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the State of Missouri. It may be directed to any peace officer in the state.
(b) The warrant shall:
(1) Contain the name of the defendant to be arrested or, if not known, any name or description by which the defendant can be identified with reasonable certainty;
(2) Describe the offense charged in the information or indictment;
(3) State the date when issued and the county where issued;
(4) Command that the defendant named or described therein be arrested and brought forthwith, in person, or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c), or the determination made under Rule 33.01(d); and
(6) Be signed by the court, or clerk at the court's direction for a specific warrant.
(2) Describe the offense charged in the information or indictment;
(3) State the date when issued and the county where issued;
(4) Command that the defendant named or described therein be arrested and brought forthwith, in person, or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c), or the determination made under Rule 33.01(d); and
(6) Be signed by the court, or clerk at the court's direction for a specific warrant.
21.09 MISDEMEANORS – INITIAL APPEARANCE UNDER WARRANT BEFORE THE COURT
A defendant arrested and confined under the initial warrant for any misdemeanor offense issued pursuant to Rule 21.03 or Rule 21.08 shall be brought forthwith for an appearance, as set forth in Rule 21.10, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
2. It is ordered that effective January 1, 2020, the heading title and subdivision 22.04, subdivision 22.05, and the heading title and subdivision 22.07 of Rule 22 be and the same are hereby repealed and a new heading title and a new subdivision 22.04, a new subdivision 22.05, a new heading title and a new subdivision 22.07 adopted in lieu thereof to read as follows:
22.04 FELONIES – SUMMONS OR WARRANT OF ARREST – WHEN ISSUED
(a) When a complaint is filed pursuant to Rule 22.02 and sufficient facts have been stated to show probable cause that a felony has been committed, a summons shall be issued unless the court finds there are reasonable grounds to believe:
If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a felony is returned, either a summons or warrant of arrest may be issued.
(c) When a complaint or an indictment charges a corporation with the commission of a felony, a summons shall be issued.
(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the State, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).
22.05 FELONIES – WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the State of Missouri. It may be directed to any peace officer in the state.
(b) The warrant shall:
22.07 FELONIES – INITIAL APPEARANCE UNDER WARRANT BEFORE THE COURT
A defendant arrested and confined under the initial warrant for any felony offense issued pursuant to Rule 22.04 or Rule 22.06 shall be brought forthwith for an appearance, as set forth in Rule 22.08, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
(a) When a complaint is filed pursuant to Rule 22.02 and sufficient facts have been stated to show probable cause that a felony has been committed, a summons shall be issued unless the court finds there are reasonable grounds to believe:
(1) The defendant will not appear upon the summons; or
(2) The defendant poses a danger to a crime victim, the community, or any other person.
(2) The defendant poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a felony is returned, either a summons or warrant of arrest may be issued.
(c) When a complaint or an indictment charges a corporation with the commission of a felony, a summons shall be issued.
(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the State, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).
22.05 FELONIES – WARRANT FOR ARREST – CONTENTS
(a) The warrant for arrest must be in writing and issued in the name of the State of Missouri. It may be directed to any peace officer in the state.
(b) The warrant shall:
(1) Contain the name of the defendant to be arrested or, if not known, any name or description by which the defendant can be identified with reasonable certainty;
(2) Describe the felony charged in the complaint or indictment;
(3) State the date when issued and the county where issued;
(4) Command that the defendant named or described therein be arrested and brought forthwith, in person or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c), or the determination made under Rule 33.01(d); and
(6) Be signed by the court, or clerk at the court's direction for a specific warrant.
(2) Describe the felony charged in the complaint or indictment;
(3) State the date when issued and the county where issued;
(4) Command that the defendant named or described therein be arrested and brought forthwith, in person or by interactive video technology, before the court designated in the warrant;
(5) Specify the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c), or the determination made under Rule 33.01(d); and
(6) Be signed by the court, or clerk at the court's direction for a specific warrant.
22.07 FELONIES – INITIAL APPEARANCE UNDER WARRANT BEFORE THE COURT
A defendant arrested and confined under the initial warrant for any felony offense issued pursuant to Rule 22.04 or Rule 22.06 shall be brought forthwith for an appearance, as set forth in Rule 22.08, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
The warrant, with proper return thereon, shall be filed with the court forthwith.
3. It is ordered that effective January 1, 2020, subdivisions (e) and (f) of subdivision 33.01, subdivision 33.05, subdivision 33.06, and subdivision 33.08 of Rule 33 be and the same are hereby repealed and new subdivisions (e) and (f) of subdivision 33.01, a new subdivision 33.05, a new subdivision 33.06, and a new subdivision 33.08 adopted in lieu thereof to read as follows:
33.01 MISDEMEANORS OR FELONIES – RIGHT TO RELEASE – CONDITIONS
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(e) In determining whether to detain the defendant pursuant to subsection (d) or release the defendant with a condition or combination of conditions of release, if any, pursuant to subsection (c), the court shall base its determination on the individual circumstances of the defendant and the case. Based on available information, the court shall take into account: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant's family ties, employment, financial resources, including ability to pay, character, and mental condition; the length of the defendant's residence in the community; the defendant's record of convictions; the defendant's record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; whether the defendant was on probation, parole or release pending trial or appeal at the time the offense for which the court is considering detention or release was committed; and any validated evidentiary-based risk assessment tool approved by the Supreme Court of Missouri.
(f) A court detaining or releasing the defendant under this Rule shall enter an order stating the condition or combination of conditions of release, if any, set and imposed by the court. If the defendant is detained and unable to comply with any condition of release, the defendant shall have the right to a release hearing pursuant to Rule 33.05. At any hearing conducted under Rule 33, the court shall permit but not require either party to make a record on the defendant's financial status and ability to pay any monetary condition or other relevant issue. At such hearing, the court shall also make written or oral findings on the record supporting the reasons for detention or conditions set and imposed. The court shall inform the defendant of the conditions set and imposed, if any, and that the conditions of release may be revoked and the defendant detained until trial or other stage of the criminal proceedings for violation of any of the conditions of release and that a warrant for the defendant's arrest may be issued immediately upon notification to the court of any such violation.
33.05 MISDEMEANORS OR FELONIES – RELEASE HEARING
A defendant who continues to be detained after the initial appearance under Rule 21.10 or Rule 22.08 shall have the defendant's detention or conditions of release reviewed at a hearing by the court subject to the right of a victim to be informed of and heard at the hearing. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule 33.01. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule 33.01.
33.06 MISDEMEANORS OR FELONIES – MODIFICATION OF CONDITIONS OF RELEASE
(a) Upon motion by the state or by the defendant, or upon the court's own
motion, the court, subject to the right of a victim to be informed of and be heard, and after notice to the parties and hearing, may modify the conditions of release when the court finds that:
(b) When the conditions of release are increased by the court, or new conditions of release are set and imposed, the court may remand the defendant to the custody of the sheriff or other officer until compliance with the modified conditions. If the defendant is not in custody, the court may order that a warrant for the defendant's arrest be issued.
33.08 MISDEMEANORS OR FELONIES – REARREST OF DEFENDANT
The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 33.01 if it shall appear to the court that:
(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or
(b) The conditions of release should be modified or new or additional conditions imposed.
A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.
A defendant who has not previously had an initial appearance under Rule 21.08 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 21.09 or Rule 22.07. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
A defendant who has previously had an initial appearance under Rule 21.08 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
(f) A court detaining or releasing the defendant under this Rule shall enter an order stating the condition or combination of conditions of release, if any, set and imposed by the court. If the defendant is detained and unable to comply with any condition of release, the defendant shall have the right to a release hearing pursuant to Rule 33.05. At any hearing conducted under Rule 33, the court shall permit but not require either party to make a record on the defendant's financial status and ability to pay any monetary condition or other relevant issue. At such hearing, the court shall also make written or oral findings on the record supporting the reasons for detention or conditions set and imposed. The court shall inform the defendant of the conditions set and imposed, if any, and that the conditions of release may be revoked and the defendant detained until trial or other stage of the criminal proceedings for violation of any of the conditions of release and that a warrant for the defendant's arrest may be issued immediately upon notification to the court of any such violation.
33.05 MISDEMEANORS OR FELONIES – RELEASE HEARING
A defendant who continues to be detained after the initial appearance under Rule 21.10 or Rule 22.08 shall have the defendant's detention or conditions of release reviewed at a hearing by the court subject to the right of a victim to be informed of and heard at the hearing. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule 33.01. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule 33.01.
33.06 MISDEMEANORS OR FELONIES – MODIFICATION OF CONDITIONS OF RELEASE
(a) Upon motion by the state or by the defendant, or upon the court's own
motion, the court, subject to the right of a victim to be informed of and be heard, and after notice to the parties and hearing, may modify the conditions of release when the court finds that:
(1) New, different, or additional requirements for release are necessary; or
(2) The conditions of release which have been set are excessive; or
(3) The defendant has failed to comply with or has violated the conditions of release; or
(4) The defendant has been convicted of the offense charged.
(2) The conditions of release which have been set are excessive; or
(3) The defendant has failed to comply with or has violated the conditions of release; or
(4) The defendant has been convicted of the offense charged.
(b) When the conditions of release are increased by the court, or new conditions of release are set and imposed, the court may remand the defendant to the custody of the sheriff or other officer until compliance with the modified conditions. If the defendant is not in custody, the court may order that a warrant for the defendant's arrest be issued.
33.08 MISDEMEANORS OR FELONIES – REARREST OF DEFENDANT
The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 33.01 if it shall appear to the court that:
(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or
(b) The conditions of release should be modified or new or additional conditions imposed.
A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.
A defendant who has not previously had an initial appearance under Rule 21.08 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 21.09 or Rule 22.07. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
A defendant who has previously had an initial appearance under Rule 21.08 or Rule 22.08 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice