Section 544.470

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

Effective - 28 Aug 2011, 2 histories   

  544.470.  Commitment of individual, when — presumption for aliens unlawfully present. — 1.  If the offense is not bailable, if the individual is not granted electronic monitoring, or if the individual does not meet the conditions for release, as provided in section 544.455, the individual shall be committed to the jail of the county in which the same is to be tried, there to remain until such individual be discharged by due course of law.

  2.  There shall be a presumption that releasing the person under any conditions as provided by section 544.455 shall not reasonably assure the appearance of the person as required if the circuit judge or associate circuit judge reasonably believes that the person is an alien unlawfully present in the United States.  If such presumption exists, the person shall be committed to the jail, as provided in subsection 1 of this section, until such person provides verification of his or her lawful presence in the United States to rebut such presumption.  If the person adequately proves his or her lawful presence, the circuit judge or associate circuit judge shall review the issue of release, as provided under section 544.455, without regard to previous issues concerning whether the person is lawfully present in the United States.  If the person cannot prove his or her lawful presence, the person shall continue to be committed to the jail and remain until discharged by due course of law.

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(RSMo 1939 § 3877, A.L. 1972 H.B. 1160, A.L. 2008 H.B. 1549, et al., A.L. 2011 H.B. 111)

Prior revisions: 1929 § 3487; 1919 § 3832; 1909 § 5040

(2016) Wholesale denial of pretrial release for all defendants unable to prove lawful presence in United States violates right to reasonable and individualized bail under Article I, Section 20 of Missouri Constitution.  Lopez-Matias v. State, 504 S.W.3d 716 (Mo.).