The bill proposes an amendment to chapter 544 of the Revised Statutes of Missouri by adding a new section,
544.255, which outlines the conditions under which a dismissed case may be refiled by a prosecuting attorney. Specifically, it allows for the refiled cases if they were either set for a preliminary hearing but dismissed before the hearing or dismissed by the prosecuting attorney at any time.
However, the bill also establishes a limitation: if the case is dismissed a second time by either the court or the prosecuting attorney, the prosecuting attorney is prohibited from refiling the case again. This amendment aims to streamline the process for handling dismissed cases while also preventing the indefinite re-filing of cases that have already been dismissed multiple times.
Statutes affected: Introduced (5760H.04):
544.255