End of Session Report

What passed and what didn’t

The legislative session ended a few weeks ago. Thankfully, the bail bond board bills did not pass. Here’s a summary of the bills and their status.

SB1247-Created a bail bond board and imposed a bail bond tax to finance the board. Never received a hearing.

HB2454-Created a bail bond board and imposed a bail bond tax. Never received a hearing.

SB869-Originally, this bill was to repeal the 15-year “Lee Clause” which allowed the licensing of felons in the bail industry, as long as the felony was over 15 years ago. The bill sought to remove the 15 year clause, stating that felons could be denied a license, regardless of when the felony conviction. An amendment was offered by MPBBA in committee. The bill died in committee.

HB1549-One bill affecting our profession did pass. HB1549 passed, which instructs the courts on bail for those persons residing in Missouri who are not legal residents of the US. The bill states that if a judge believes a person is unlawfully present in the US, there is a presumption that releasing that person under ANY condition will not reasonably assure appearance in court. The person shall be committed to jail until he/she can prove lawful presence or until the case is discharged.

Text of the HB1549
544.470. 1. If the offense is not bailable, or if the person does not meet the conditions for release, as provided in section 544.455, the prisoner shall be committed to the jail of the county in which the same is to be tried, there to remain until he 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.