To repeal section 544.170, RSMo 1994, relating to warrantless arrests and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 544.170, RSMo 1994, is repealed and one new section enacted in lieu thereof to be known as section 544.170, to read as follows: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. 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] twenty-four 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] prosecuting or circuit attorney. Within forty-eight hours of the filing of a criminal charge, the court shall set the conditions of release. Such conditions may be set by a schedule promulgated by the court having jurisdiction over the offense, or by written, facsimile, or oral communication from the court. If the person confined is unable to meet the conditions of release, a warrant shall be issued no later than the first business day following the filing of the charge.

     2. Every [such] confined 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] such person to see and consult with counsel or other persons, or who shall transfer any such [prisoner] person to the custody or control of another, or to another place, or [prefer] proffer against such person a false charge, with intent to avoid the provisions of this section, shall be deemed guilty of a misdemeanor.