Supreme Court of Missouri
en banc
September 9, 2019
Effective January 1, 2020
Effective January 1, 2020
In re:
Correction of order of June 30, 2019, repealing and adopting subdivision 33.08, entitled "Misdemeanors or Felonies – Rearrest of Defendant," of Rule 33, entitled "Misdemeanors or Felonies – Release Pending Further Proceedings."
ORDER
1. By order of June 30, 2019, this Court adopted a new subdivision 33.08 of Rule 33 to be effective January 1, 2020. The order is included in the July 23, 2019, advance sheets of the South Western Reporter, Third, Missouri Cases series, beginning at page Ct.R- 30. The Court hereby corrects the typographical error in the order so that, as corrected, effective January 1, 2020, subdivision 33.08 shall read as follows:
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 21.10 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 21.10 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.
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 21.10 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 21.10 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.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
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GEORGE W. DRAPER III
Chief Justice