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Bill Summary · HB 2310

Summary of HB 2310 (2026) — Missouri

Purpose and intent

  • The bill aims to increase the maximum amount of time a person who has been arrested can be held by law enforcement without a warrant or formal charge.
  • Specifically, it raises the permissible detention window from 24 hours to 72 hours.

Key provisions and changes

  1. Section 84.710 (police powers and detention)

    • Repeals the existing text and enacts a new version of 84.710.
    • Police officers appointed under this statute would:
      • Be recognized as officers of both the state and the city.
      • Have authority to arrest on view or upon reasonable suspicion of violating state laws or city ordinances, within the city or on public property beyond the city limits.
      • Hold without a warrant for up to 72 hours for persons found within the city (or on city public property beyond the corporate limits) charged with felonies in other states who are reported as fugitives from justice.
      • Stop and detain individuals abroad if there is reasonable ground to suspect criminal activity, demand identifying information, and search for a dangerous weapon if there is reasonable belief of danger.
      • Use force only as necessary and with reasonable efforts to inform the person that they are under arrest.
      • Allow release without a judge’s involvement for arrestees who have been detained without a warrant if the officer in charge determines there is no grounds for complaint, or if the arrestee is a misdemeanor defendant who agrees to appear in court as designated.
  2. Section 544.170 (detention and confinement rules)

    • Repeals the current wording and enacts a new version of 544.170.
    • Detention duration:
      • Any person arrested and confined without warrant or process for alleged offenses must be discharged within 72 hours from time of arrest, unless charged by the oath of a credible person and held by warrant to answer to that offense.
    • Right to counsel:
      • Confinees must be permitted to consult with counsel or others acting on their behalf at reasonable times during confinement.
    • Penalties for violations:
      • Violating these provisions (e.g., refusing release, denying counsel access, improper transfers, or false charges intended to avoid release) constitutes a Class A misdemeanor.

Who would be affected

  • Law enforcement agencies and officers operating within Missouri, including those functioning under city police powers.
  • Individuals who are arrested and detained without a warrant or formal charges.
  • Defense counsel and individuals seeking access to counsel while detained.
  • Municipalities and cities where these officers operate, as the provisions include authority extending to city and public property beyond city limits.

Procedural and timeline aspects

  • Effective change: The bill would enact new statutory language replacing sections 84.710 and 544.170 with updated detention time rules.
  • Detention window:
    • Core change: Increase from 24 hours to 72 hours for holding arrestees without warrant or charge, with certain conditions for release or continuation of detention.
  • Release and charging process:
    • Officers may release arrestees without judicial review if no grounds for complaint exist or if a misdemeanor arrestee signs a promise to appear.
  • Access to counsel:
    • Detained individuals must be allowed to consult with counsel at reasonable times.
  • Compliance and penalties:
    • Violations of the detention and rights provisions carry a Class A misdemeanor, signaling potential criminal liability for improper handling.

Practical implications and considerations

  • Public safety and civil liberties balance:
    • The bill enhances agency detention capacity but increases the risk of prolonged detention without court intervention, raising civil liberties considerations.
  • Operational impact:
    • Law enforcement agencies would need to adjust intake, custody, and record-keeping procedures to reflect the 72-hour maximum and ensure compliance with counsel access and release provisions.
  • Judicial oversight:
    • With extended hold times, there may be increased reliance on warrants or credible charges to justify continued detention beyond the initial period.

Sponsor: Representative Jones (12), with co-sponsor Mike Jones.

Action timeline (for reference):
- Prefiled: December 9, 2025
- Read First Time: January 7, 2026
- Read Second Time: January 8, 2026
- Referred to Emerging Issues (H): May 15, 2026

Note: The summary focuses on substantive content and potential effects based on the bill text provided.

Compiled from official sources — confirm details with the bill’s official record.

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