SECOND REGULAR SESSION

HOUSE BILL NO. 1262

90TH GENERAL ASSEMBLY

FARNEN AND KELLEY (47).

Pre-filed December 23, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

2868L.01I

AN ACT

To repeal section 544.170, RSMo 1994, relating to confinement of persons without process, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Section A. Section 544.170, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 544.170, to read as follows:

544.170. 1. Except as provided in subsection 2 of this section, all persons arrested and confined in any jail[, calaboose] or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of the peace or other criminal offense, or on suspicion thereof, shall be discharged from said custody within twenty hours from the time of such arrest, unless they shall be charged with a criminal offense by the oath of some credible person, and be held by warrant to answer to such offense[; and every such person shall, while so confined, be permitted at all reasonable hours during the day to consult with counsel or other persons in his behalf; and any person or officer who shall violate the provisions of this section, by refusing to release any person who shall be entitled to such release, or by refusing to permit him to see and consult with counsel or other persons, or who shall transfer any such prisoner to the custody or control of another, or to another place, or prefer against such person a false charge, with intent to avoid the provisions of this section, shall be deemed guilty of a misdemeanor.]

2. Upon a determination by the chief executive officer or his or her designee of the arresting agency that a person was arrested for one of the following offenses:

(1) First degree murder pursuant to section 565.020, RSMo;

(2) Second degree murder pursuant to section 565.021, RSMo;

(3) First degree assault pursuant to section 565.050, RSMo;

(4) Forcible rape pursuant to section 566.030, RSMo;

(5) Forcible sodomy pursuant to section 566.060, RSMo;

(6) First degree robbery pursuant to section 569.020, RSMo; or

(7) Distribution of drugs pursuant to section 195.211, RSMo;

without warrant or other process, shall be discharged from custody within forty-eight hours of such arrest, unless the person is charged and held by warrant to answer to such offense.

3. Every person confined pursuant to subsection 1 or 2 of this section shall be permitted at all reasonable hours during the day to consult with counsel or other persons in the confinee's behalf.

4. Any person or officer who violates the provisions of this section, by refusing to release any person who is entitled to such release, or by refusing to permit the confinee to see and consult with counsel or other persons, or who transfers any such prisoner to the custody or control of another, or to another place, or prefers against such person a false charge, with intent to avoid the provisions of this section, is guilty of a class A misdemeanor.

Missouri House of Representatives