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SB 1785

SB 1785 - This act requires that a bonding company or an agent executing a bond must collect fifty percent of the bonding fee prior to executing a bond if the defendant is charged with certain felony offenses. The bonding agent is also required to certify to the court that they have received the required percentage from the defendant when they file the bonding paperwork. If a bonding agent fails to provide the certification, they shall be guilty of a class A misdemeanor. If an agent falsifies documentation it shall be a class E felony. Additionally, if a bonding agent fails to provide the certification, or falsifies documentation, they shall be disqualified from writing bail bonds for a period of five years. TRISTAN BENSON, JR.

2026 Regular Session

Missouri SB 1785 requires 50% of bond fees up front for certain violent/high-risk cases and a perjury-certified deposit note to the court, with penalties and 5-year disqualificatio

Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
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Bill Summary · SB 1785

Overview

Missouri Senate Bill 1785 (2026) proposes specific changes to pretrial release and bond practices, with added financial and certification requirements for bonding companies and agents. The bill targets bonds for certain violent or high-risk offenses and introduces penalties for noncompliance, including potential disqualification from writing bail bonds for five years.

Main purpose and intent

  • To tighten oversight of pretrial release by conditioning certain bond practices on a financial prerequisite (collecting a substantial portion of the bonding fee upfront) and on certified documentation to the court.
  • To curb potential abuses or insufficient funding in connection with bonds for defendants charged with specified violent offenses or offenses involving victims, weaponization, or prior convictions.

Key provisions and changes

  • Section on bonding fee collection (new language added to Section 544.455):
    • For defendants charged with certain offenses (listed categories include violent offenses with victims, violations tied to specific statutes such as 571, 577.010, prior/persistent offender status, or cases involving victims, resisting arrest, or aggravated fleeing and eluding), bonding companies/agents must collect 50% of the bonding fee before executing the bond.
  • Certification requirement:
    • Bonding agents must certify to the court, under penalty of perjury, that they have received the required 50% deposit from the defendant. This certification must accompany the bonding paperwork submitted to the court.
  • Penalties for noncompliance:
    • First offense: Bonding agent’s failure to provide the required certification constitutes a class A misdemeanor.
    • Falsification of bonding paperwork or certification: Class E felony.
    • Disqualification: Any bonding agent who fails to provide the certification or who falsifies documentation shall be disqualified from writing bail bonds for five years.
  • Existing pretrial release framework maintained:
    • The bill continues to authorize judges to impose various conditions of release (supervision, travel restrictions, electronic monitoring, reporting requirements, cash or surety bonds, house arrest with monitoring, etc.) as alternatives or supplements to personal recognizance, consistent with current statutory language in 544.455.

Who/what would be affected

  • Bonding companies and their agents who execute bonds for defendants charged with the specified offenses.
  • Court personnel who review bonding paperwork and rely on certification from bonding agents.
  • Defendants charged with the listed offenses who seek pretrial release and require bail bonds.

Procedural and timeline aspects

  • When enacted, the provision becomes applicable to bonds for the specified offenses at the time the bond is executed and paperwork is filed with the court.
  • Certification must be filed with the bonding paperwork submitted to the court.
  • Sanctions (misdemeanor/felony, and five-year disqualification) apply to violations related to this certification process or falsification of documents.
  • The bill repeals and rewrites the existing section 544.455 to incorporate the new bonding-fee collection and certification requirements while preserving other pretrial release authorities and procedures.

Practical impact and considerations

  • Higher upfront cost burden on defendants facing violent or high-risk charges, potentially affecting access to pretrial release.
  • Increased accountability and traceability of bonding transactions through mandatory court certification.
  • Administrative and compliance costs for bonding agencies to implement certification processes and maintain records.
  • Potential deterrent effect against improper or fraudulent bonding practices, given the enhanced penalties and disqualification period.

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

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