Section 544.676

Title XXXVII CRIMINAL PROCEDURE

Chapter 544

Effective - 28 Aug 1994   

  544.676.  Court may deny bail upon showing that defendant poses danger to victim, witness, or community — considerations — right to trial, time limit. — 1.  Upon a showing by the state that a defendant poses a danger to a crime victim, witness, or the community, the court may deny bail to a defendant or impose such conditions as it deems appropriate to protect a crime victim, witness or the community.

  2.  In determining whether a defendant poses a danger to a crime victim, witness, or the community, the court may consider all relevant evidence, including but not limited to:

  (1)  The defendant's criminal record;

  (2)  Whether the defendant was on probation or released on bail at the time the crime for which the court is considering bail was committed;

  (3)  The nature and circumstances of the crime for which bail is being sought.

  3.  A defendant who is denied bail because he poses a danger to a crime victim, witness, or the community shall, upon written request filed at arraignment, be entitled to a trial which begins within one hundred twenty days of his arraignment or within one hundred twenty days of an order granting a change of venue, whichever occurs later.  The provisions of this subsection shall be waived and of no effect if the defendant requests and receives a continuance or if bail is set for the defendant.

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(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)