State Codes and Statutes
Statutes > Missouri > T05 > C040 > 40_030Orders for arrest and confinement, when--certain offenses,confinement not required--defendant's rights--power to issuewarrants--bail, when.
40.030. 1. Any person subject to sections 40.005 to 40.490charged with an offense under sections 40.005 to 40.490 may beordered into arrest or confinement, as circumstances may require;but when charged only with an offense normally tried by a summarycourt-martial, such person shall not ordinarily be placed inconfinement. When any person subject to sections 40.005 to40.490 is placed in arrest or confinement prior to trial,immediate steps shall be taken to inform the person of thespecific wrong of which he is accused and to try him or todismiss the charges and release him.
2. The convening authority of any court-martial shall havethe power to issue warrants of apprehension directed to thesheriff or police officer within the proper county to apprehendpersons subject to sections 40.005 to 40.490 charged with anoffense under sections 40.005 to 40.490 and to deliver suchpersons into the custody of the state military forces.
3. In cases where the unit of which the accused is a memberis not in a status of active state duty or engaged in annualfield training, such accused, if apprehended or ordered intoconfinement prior to or during trial by a military court, may beadmitted to bail by the officer exercising special court-martialjurisdiction over him or by a superior commanding officer, or theadjutant general.
(L. 1984 H.B. 1035 § 10)
