HB 198, HCA 1 -- ARREST WITHOUT WARRANT

CO-SPONSORS:  Stevenson, Wilson (130), Smith (14), Ruestman,
Bough, Moore, Bruns, Dixon

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 18 to 0.

This bill allows police to detain a person for 36 hours without
charging the person with a crime, when the person is arrested
without an arrest warrant.  Current law allows police to detain a
person for 24 hours when the person is suspected of committing a
dangerous felony, and for 20 hours when the person is suspected
of committing any other crime.

HCA 1 -- Increases the maximum detaining period to 36 hours only
when the person is suspected of committing a dangerous felony.
For persons suspected of all other crimes, the maximum detaining
period will remain 20 hours.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that Missouri has the lowest maximum
detaining period in the country.  Many states have no maximum at
all, though federal law limits them to 72 hours.  Twenty hours is
simply not enough time to properly investigate many cases.  So
what often happens is that the prosecutor will charge a lesser
offense (for which evidence is already in hand) but he will ask
for a disproportionately high bond amount, in order to keep the
suspect in custody while the police investigate.  The short time
frame also causes a financial hardship on county sheriff's
departments.  A deputy sheriff may have to work two or three
hours overtime just to get the paperwork done so that the arrest
can be processed within the 20 hours.  This problem is even worse
now, with budget cuts forcing layoffs at many sheriff's
departments.

Testifying for the bill were Representative Stevenson; Bill
Tackett, Cole County Prosecutor; Missouri Police Chiefs'
Association; Larry Plunkett, Wayne County Sheriff; and Steven
Hays, Neosho City Prosecuting Attorney.

OPPONENTS:  Those who oppose the bill say that the law
enforcement system has worked well the way it is for a long time.
With some arrests, it will be hard for the state to make its case
no matter how much time they have.  The longer persons are
detained, the more their lives are disrupted.  In addition, the
jails will become more crowded.  This will cause more minor
parole violators to be sent to the Department of Corrections,
rather than being kept at the county jail.  As a result, the bill
will have a substantial fiscal impact, contrary to what the
fiscal note says.

Testifying against the bill were Missouri Association of Criminal
Defense Lawyers; and Missouri Association of Social Welfare.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am