Rule 33 | Misdemeanors or Felonies – Release Pending Further Proceedings

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.01 | Misdemeanors or Felonies – Right to Release – Conditions

(a) A defendant charged with a bailable offense shall be entitled to be released from custody pending trial or other stage of the criminal proceedings.

(b) The defendant's release shall be upon the conditions that:

(1) The defendant will appear in the court in which the case is prosecuted or appealed, from time to time as required to answer the criminal charge;

(2) The defendant will submit to the orders, judgment and sentence, and process of the court having jurisdiction over the defendant;

(3) The defendant shall not commit any new offenses and shall not tamper with any victim or witness in the case, nor have any person do so on the defendant's behalf; and

(4) The defendant will comply fully with any and all conditions imposed by the court in granting release.

(c) The court shall release the defendant on the defendant's own recognizance subject only to the conditions under subsection (b) with no additional conditions of release unless the court determines such release will not secure the appearance of the defendant at trial, or at any other stage of the criminal proceedings, or the safety of the community or other person, including but not limited to the crime victims and witnesses. If the court so determines, it shall set and impose additional conditions of release pursuant to this subsection.

The court shall set and impose the least restrictive condition or combination of conditions of release, and the court shall not set or impose any condition or combination of conditions of release greater than necessary to secure the appearance of the defendant at trial, or at any other stage of the criminal proceedings, or the safety of the community or other person, including but not limited to the crime victims and witnesses.

When considering the least restrictive condition or combination of conditions of release to set and impose, the court shall first consider non-monetary conditions. Should the court determine non-monetary conditions alone will not secure the appearance of the defendant at trial, or at any other stage of the criminal proceedings, or the safety of the community or other person, including but not limited to the crime victims and witnesses, then the court may consider monetary conditions or a combination of non-monetary and monetary conditions to satisfy the foregoing. After considering the defendant's ability to pay, a monetary condition fixed at more than is necessary to secure the appearance of the defendant at trial, or at any other stage of the criminal proceedings, or the safety of the community or other person, including but not limited to the crime victims and witnesses, is impermissible.

If the court determines additional conditions of release are required pursuant to this subsection, it shall set and impose one or more of the following conditions of release:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release, including the holding by the court of the defendant's passport;

(3) Require the defendant to report regularly to some officer of the court or peace officer, in such manner as the court directs;

(4) Require the use of electronic monitoring of defendant's location, the testing of defendant for drug or alcohol use, or the installation and use of ignition interlock devices. The court may order the eligible defendant to pay all or a portion of the costs of such conditions, but the court shall consider how best to minimize the costs to the defendant and waive the costs for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;

(5) Require the defendant to seek employment, to maintain employment, or to maintain or commence an educational program;

(6) Require the defendant to comply with a specified curfew;

(7) Require the defendant to refrain from possessing a firearm or other deadly weapon;

(8) Require the defendant to abstain from possession or use of alcohol or any controlled substance without a physician's prescription;

(9) Require the defendant to undergo available medical, psychological or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;

(10) Require the defendant to return to custody for specified hours following release for employment, school, treatment, or other limited purpose;

(11) Require the defendant to be placed on home supervision with or without the use of an electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court shall consider how best to minimize the costs of such condition to the defendant and waive the costs for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;

(12) Require the defendant to execute a monetary bond in a stated amount wherein the defendant promises to pay to the court the stated amount should the defendant fail to appear or abide by the conditions of release;

(13) Require the execution of a monetary bond in a stated amount with sufficient sureties, or the deposit in the registry of the court of a sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;

(14) Require the execution of a monetary bond in a stated amount and the deposit in the registry of the court of 10 percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;

(15) Require the deposit of a property bond of sufficient value as approved and directed by the court;

(16) Impose other conditions necessary to secure the appearance of the defendant at trial, or at any other stage of the criminal proceedings, or the safety of the community or other person, including but not limited to the crime victims and witnesses.

(d) Should the court determine upon clear and convincing evidence that no combination of non-monetary conditions and monetary conditions will secure the safety of the community or other person, including but not limited to the crime victims and witnesses, then the court shall order the defendant detained pending trial or any other stage of the criminal proceedings. A defendant so detained shall, upon written request filed after arraignment, be entitled to a trial which begins within 120 days of the defendant's request or within 120 days of an order granting a change of venue, whichever occurs later. Any request by the defendant to continue the trial beyond the 120 days shall be considered a waiver by the defendant of the right to have the trial conducted within 120 days.

(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.

Committee Note – 1980

Paragraph (a) – Compare: Prior Rule 21.07, prior Rule 21.12 and Section 544.455-1, RSMo, 1978.

Paragraph (b) – Compare: Prior Rule 21.12 and Section 544.455-1, RSMo, 1978.

Paragraph (c) – Compare: Prior Rule 32.05 and Section 544.455-1, RSMo, 1978.

Paragraph (d) – Compare: Section 544.455-1, RSMo, 1978.

Paragraph (e) – Compare: Section 544.455-2, RSMo, 1978.

Paragraph (f) – Compare: Section 544.455-3, RSMo, 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 18, 1981, effective January 1, 1982; amended January 25, 1994, effective September 1, 1994; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.02 | Misdemeanors or Felonies – Warrant for Arrest – Conditions to be Stated on Warrant

The court, or clerk at the court's direction for a specific warrant, issuing a warrant for the arrest of any defendant shall state set the condition or combination of conditions of release, if any, on the warrant for arrest.

Committee Note – 1980

Compare: Prior Rule 32.02 and Sections 544.540 and 544.560 RSMo 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: January 19, 1987

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.03 | [REPEALED]

[Repealed by order dated December 17, 1985, effective January 1, 1987.]

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.04 | Misdemeanors or Felonies – Officer Authorized to Accept Conditions of Release

The court that set conditions of release, the clerk thereof, or the sheriff may accept the conditions of release and release the defendant.

Committee Note – 1980

Compare: Section 544.490, RSMo 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

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. The court may conduct the hearing by interactive video technology unless the hearing will involve the cross-examination of witnesses, in which case the defendant must waive his or her right to be physically present and have the court’s approval before the hearing can be conducted by interactive video technology. 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.

Committee Note – 1980

Compare: Prior Rule 32.08 and Section 544.455-4, RSMo 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018; effective July 1, 2019; amended June 30, 2019, effective January 1, 2020; amended October 26, 2021, effective July 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

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.

(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.

Committee Note – 1980

Compare: Prior Rule 32.06, prior Rule 32.07, prior Rule 32.08 and Section 544.455-5, RSMo, 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.07 | Misdemeanors or Felonies – Rules of Evidence Inapplicable

Proceedings under Rule 33 shall be informal and rules of evidence need not apply.

Committee Note – 1980

Compare: Section 544.455-6, RSMo 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

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. The court may conduct the hearing by interactive video technology unless the hearing will involve the cross-examination of witnesses, in which case the defendant must waive his or her right to be physically present and have the courtꞌs approval before the hearing can be conducted by interactive video technology. 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.

Committee Note – 1980

Compare: Prior Rule 32.06.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019; amended 30, 2019, effective January 1, 2020; corrected September 9, 2019, effective January 1, 2020; amended October 26, 2021, effective July 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.09 | Misdemeanors or Felonies – Failure of Court to Set Conditions of Release, or Setting of Inadequate or Excessive Conditions of Release – Application to Higher Court

Pursuant to these rules, applicable statutes and constitutional provisions, if the defendant or the state allege the court unlawfully detained the defendant failed to detain the defendant, or set inadequate or excessive conditions of release, the defendant or the state may seek remedial writ relief in a higher court pursuant to Rule 84.24.

(Adopted June 13, 1979, effective January 1, 1980. Amended May 25, 2018, effective January 1, 2019; amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.10 | Misdemeanors or Felonies – Transmittal of Record by Clerk of the Releasing Court

When any defendant is released by a court other than the court in which the defendant is to appear, the clerk of the releasing court shall transmit a record of the release, together with any conditions of release imposed, to the clerk of the court in which the defendant released is required to appear.

Committee Note – 1980

Compare: Section 544.500, RSMo 1978.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.11 | Misdemeanors or Felonies – Bonds – Where Filed – Certification by Sheriff or Peace Officer – Cash Bonds

All bonds shall be filed by the clerk of the court in which the defendant is required to appear. All bonds taken by the sheriff or by any other peace officer shall be certified by such officer and transmitted to the clerk of the court in which the defendant is required to appear. When cash or securities specified in Rule 33.01 are taken they shall be delivered to the clerk of the court in which the defendant is required to appear and deposited in the registry of the court.

Committee Note – 1980

Compare: Prior Rule 32.09.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.12 | Felonies – Witnesses

If it appears by affidavit that the testimony of a person is material in any felony case, and if it is shown that it may become impracticable to secure his presence by subpoena, a court within the jurisdiction in which the case is pending and having jurisdiction to try criminal cases shall order the witness taken into custody or held in custody. A court having jurisdiction to try criminal cases in the jurisdiction where the witness is in custody or where the case is pending shall set conditions of release pursuant to Rule 33.01. No material witness shall be detained because of inability to comply with any condition of release if the testimony of such witness can be adequately secured by deposition, and further detention is not necessary to prevent a failure of justice. Release may be delayed for a reasonable period of time until the deposition of the witness can be taken, in which event the court shall set the time for taking the deposition.

Committee Note – 1980

Compare: Prior Rule 22.15, prior Rule 23.08, prior Rule 23.09, prior Rule 25.18 and Fed.R.Crim.P. 46(g).

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.13 | Misdemeanors or Felonies – Surrender of Principal by Surety

Whenever the surety upon any bond shall desire to surrender his principal, he may procure from the clerk a certified copy of said bond, by virtue of which such surety, or any person authorized by him, may take the principal into custody. If a bond is forfeited for the failure of the principal to appear as required by the bond and the surety produces the principal prior to the rendition of judgment upon the forfeiture and the surety pays all costs and expenses caused by the principal's failure to appear the surety is discharged from further liability. When surrendering the principal to the sheriff the surety must deliver a certified copy of the bond and the sheriff shall take the principal into custody and acknowledge acceptance of the principal in writing. Any principal so surrendered may be conditionally released pursuant to Rule 33.01.

Committee Note – 1980

Compare: Prior Rule 32.11.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2021

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.14 | Misdemeanors or Felonies – Bonds – Forfeiture – Procedural Notice – Judgment – Setting Aside Forfeiture

(a) If there is a breach of a condition of a bond, the court in which the criminal case is pending may declare a forfeiture of the bond. Upon declaring a forfeiture of the bond, the court shall set a hearing on the matter to determine whether the forfeiture should be set aside or a judgment of forfeiture entered.

(b) Such declaration and notice of the hearing as the court prescribes shall be served on the clerk, who shall send notice of the hearing along with a copy of the declaration to each obligor of the bond at the last known address provided by the obligor to the court and to the defendant and prosecutor. The declaration and notice shall include:

(1) The hearing date, time and location;

(2) The condition of bond alleged to have been breached;

(3) The amount of bond subject to forfeiture;

(4) Notice to the obligor that the obligor may appear and:

(A) Show cause as to why the forfeiture should be set aside,

(B) Surrender the defendant and pay all costs and expenses caused by the defendant's breach of the bond condition(s), or

(5) Notice that, upon surrender of the defendant and payment of costs and expenses caused by the breach of the bond condition(s) or deposit of cash in the amount of the bond, the obligor will be discharged from further debt and obligation under the bond; and

(6) Notice that failure to appear may result in a bond forfeiture judgment in the amount of the bond against the obligor; that execution against obligor's property may be issued; and that, if a bond forfeiture judgment is entered, the obligor will be disqualified from writing any additional bonds until the judgment is set aside or satisfied.

(c) The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. When a forfeiture has not been set aside, following a hearing, the court may enter a judgment of bond forfeiture and execution may issue thereon.

(d) By entering into a bond, the obligors submit to the jurisdiction of the court in which the defendant is required to appear and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced upon declaration of forfeiture and following notice and hearing as set forth in subsection (b) above without the necessity of an independent action.

(e) Each obligor shall give written notice to the clerk of the court in which the case is pending of any change of address.

Committee Note – 1980

Compare: Prior Rule 22.17 and prior Rule 32.12.

(Adopted June 13, 1979, effective January 1, 1980. Amended June 30, 2020; effective January 1, 2021.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.15 | Misdemeanors or Felonies – Bond – Release of Obligors

When the conditions of the bond have been satisfied the court shall release the obligors. When a forfeiture of the bond is set aside the court may release the obligors. Any surety may be released upon depositing cash in the amount of the bond or by a timely surrender of the defendant.

Committee Note – 1980

Compare: Prior Rule 32.13.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.16 | Misdemeanors or Felonies – Notice of Change of Address

Any defendant who has been released pending further proceedings, and any surety for such defendant, shall give written notice to the clerk of the court in which the case is pending of any change of address.

Committee Note – 1980

This is new.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2007

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.17 | Misdemeanors or Felonies – 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;

(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.

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).

(Adopted June 13, 1979, effective January 1, 1980. Amended April 20, 1981, effective January 1, 1982; amended February 25, 1992, effective January 1, 1993; amended May 30, 2006, effective January 1, 2007.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.18 | Misdemeanors or Felonies – Bonds – Compensated Surety – Affidavit of Justifications – Additional Investigation – Approval

Each surety who shall charge or receive compensation for signing a bond shall specify by affidavit that he possesses the qualifications specified in Rule 33.17. He shall execute a separate affidavit to establish his qualifications for each bond he proposes to execute. If he has on file an affidavit relating to all bonds in force on the first day of the then current calendar month, the separate affidavit as to other bonds executed during such calendar month, may be limited to the requirements of paragraph (e) of this Rule and appropriate reference shall be made therein to the separate affidavit of qualification currently relied upon to establish the surety's qualifications under these Rules. The oath to such affidavit shall be administered by the judge, clerk or officer who is authorized to take and approve the bond. The affidavit shall be on a suitable form which shall be provided. In addition to the matters specified in Rule 33.17, it shall contain:

(a) An accurate legal description of the real estate which the surety proposes to justify as to his sufficiency, together with a description of the improvements located thereon, and the location of the property by street address if it is located in a city or town;

(b) The latest assessed value of such property;

(c) An accurate description of the personal property which the surety proposes to justify as to his sufficiency and a statement of its reasonable market value;

(d) A list of all bail bonds upon which he is surety and upon which his obligation remains undischarged, the amount of each bond, the name of the principal or defendant, the offense charged, and the court in which such bond is pending; and

(e) A statement whether or not he or anyone for his use has been promised or has received any consideration or security for his suretyship, and if so, the nature and amount thereof, and the name of the person, by whom such promise was made or from whom such security or consideration was received.

The judge, clerk, or officer to whom such affidavit of justification is submitted may make such additional investigation concerning the qualifications of the surety as he shall deem necessary and for this purpose shall have authority to administer all necessary oaths. No bond shall be approved unless the surety thereon appears to be qualified under the requirements of these Rules.

Committee Note – 1980

Compare: Prior Rule 32.16.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.19 | Misdemeanors or Felonies – Bonds – Affidavit of Justification – Record

When a surety is accepted upon a bond, he shall execute an affidavit of justification which shall be attached to the bond and filed therewith by the clerk of the court in accordance with the provisions of Rule 33.11. A duplicate copy of such affidavit shall be preserved in a separate file in the office of the clerk of the court in which such bond is first filed, indexed alphabetically by the names of the sureties. Such file shall be open to the inspection of any interested person.

Committee Note – 1980

Compare: Prior Rule 32.17.

(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1993

Rule 33 | Rules of Criminal Procedure | Misdemeanors or Felonies – Release Pending Further Proceedings

33.20 | Misdemeanors or Felonies – Bond – Surety Company and Agent – Qualifications

(a) Any corporation, association, or company formed under the provisions of section 379.010, RSMo, for the purpose of making surety insurance shall be qualified to act as a surety upon any bail bond taken under the provisions of these rules upon presenting evidence satisfactory to the court of its solvency. Any such bond shall be executed in the manner provided by law.

(b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 33.17(c), (d), and (e), and, in addition, shall be licensed as a bail bond agent as required by law.

Committee Note – 1980

Compare: Prior Rule 32.18.

(Adopted June 13, 1979, effective January 1, 1980. Amended December 17, 1985, effective January 1, 1987; amended June 30, 1992, effective January 1, 1993.)