Supreme Court of Missouri
en banc
February 19, 1999
Effective January 1, 2000
In re:
Repeal of subdivision 21.03, entitled “Misdemeanors – Summons or Warrant Arrest – When Issued, “ of Supreme Court Rule 21, entitled "Proceedings Applicable to Misdemeanors Only,” and in lieu thereof adoption of a new subdivision 21.03, entitled “Misdemeanors – Summons or Warrant Arrest – When Issued.”
ORDER
1. It is ordered that effective January 1, 2000, subdivision 21.03 of Supreme Court Rule 21 be and the same is hereby repealed and a new subdivision 21.03 adopted in lieu thereof to read as follows:
21.03 MISDEMEANORS – SUMMONS OR WARRANT
ARREST – WHEN ISSUED
When an information charging the commission of a misdemeanor is filed, a summons shall be issued unless:
(a) an indictment is returned;
(b) there are reasonable grounds for the court to believe that the defendant will not appear upon the summons and a complaint is filed supporting a finding of probable cause to believe that the defendant committed the crime charged; or
(c) a showing has been made to the court that the defendant poses a danger to a crime victim, the community, or any other person, and a complaint is filed supporting a finding of probable cause to believe that the defendant committed the crime charged.
If subdivision (a), (b), or (c) is applicable, a warrant for the arrest of the defendant may be issued.
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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DUANE BENTON
Chief Justice