Missouri Statute | Act | Code |County, Township And Political Subdivision Government| US Code - US Statute | Chapter 56 Circuit And Prosecuting Attorneys And County Counselors

USA Statutes : missouri
Title : COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT
Chapter : Chapter 56 Circuit and Prosecuting Attorneys and County Counselors

At the general election to be held in this state in the year A.D.
1982, and every four years thereafter, there shall be elected in each
county of this state a prosecuting attorney, who shall be a person
learned in the law, duly licensed to practice as an attorney at law in
this state, and enrolled as such, at least twenty-one years of age, and
who has been a bona fide resident of the county in which he seeks
election for twelve months next preceding the date of the general
election at which he is a candidate for such office and shall hold his
office for four years, and until his successor is elected, commissioned
and qualified. (RSMo 1939 § 12934, A.L. 1967 p. 130, A.L. 1971 S.B. 13,
A.L. 1982 S.B. 478)

Prior revisions: 1929 § 11309; 1919 § 729; 1909 § 1000

Prosecuting attorneys elected under the provisions of this
chapter shall enter upon the discharge of their duties on the first day
of January next after they shall have been elected. (RSMo 1939 § 12935)

Prior revisions: 1929 § 11310; 1919 § 730; 1909 § 1001

1. Each prosecuting attorney shall commence and prosecute all
civil and criminal actions in the prosecuting attorney's county in which
the county or state is concerned, defend all suits against the state or
county, and prosecute forfeited recognizances and actions for the
recovery of debts, fines, penalties and forfeitures accruing to the state
or county. In all cases, civil and criminal, in which changes of venue
are granted, the prosecuting attorney shall follow and prosecute or
defend, as the case may be, all the causes, for which, in addition to the
fees now allowed by law, the prosecuting attorney shall receive his or
her actual expenses. If any misdemeanor case is taken to the court of
appeals by appeal the prosecuting attorney shall represent the state in
the case in the court and make out and cause to be printed, at the
expense of the county, all necessary abstracts of record and briefs, and
if necessary appear in the court in person, or shall employ some attorney
at the prosecuting attorney's own expense to represent the state in the
court, and for his or her services he or she shall receive the
compensation that is proper, not to exceed twenty-five dollars for each
case, and necessary traveling expenses, to be audited and paid as other
claims are audited and paid by the county commission of the county.

2. Notwithstanding the provisions of subsection 1 of this section, in any
county for which a county counselor is appointed, the prosecuting
attorney shall only perform those duties prescribed by subsection 1 of
this section which are not performed by the county counselor under the
provisions of law relating to the office of county counselor. (RSMo 1939
§ 12942, A.L. 1959 S.B. 67, A.L. 1971 H.B. 779, A.L. 1973 H.B. 670, A.L.
2005 S.B. 210)

Prior revisions: 1929 § 11316; 1919 § 736; 1909 § 1007

(1953) Prosecuting attorney is quasi-judicial officer and the right to
enter a nolle prosequi in a criminal case is within his sole discretion.
Such discretion cannot be controlled by the court. State ex rel. Griffin
v. Smith, 363 Mo. 1235, 258 S.W.2d 590.

(1954) Prosecuting attorney does not have concurrent authority with the
attorney general to institute quo warranto proceedings; he is limited to
cases involving issues having a local situs in his county. State ex rel.
Schneider's Credit Jewelers v. Brackman (Mo.), 272 S.W.2d 289.

(1959) Evidence held sufficient to show proper exercise of discretion in
entering nolle prosequi in prosecution of election offenses. State ex
inf. Dalton v. Moody (Mo.), 325 S.W.2d 21.

(1976) Held, private prosecutors prohibited. State v. Harrington (Mo.
banc), 534 S.W.2d 44.

(1985) A prosecuting attorney does not have the exclusive and
unrestricted discretion to enter a nolle prosequi after verdict and
before judgment and sentencing. State ex rel. Norwood v. Drumm, 691
S.W.2d 238.

1. In any county which contains facilities which are operated by
the department of corrections with a total average yearly inmate
population in excess of seven hundred and fifty persons but less than one
thousand five hundred persons, the prosecuting attorney shall receive ten
thousand dollars per annum in addition to all other compensation provided
by law. In any county which contains facilities which are operated by the
department of corrections with a total average yearly inmate population
in excess of one thousand five hundred persons but less than three
thousand persons, the prosecuting attorney shall receive twelve thousand
five hundred dollars per annum in addition to all other compensation
provided by law. In any county which contains facilities which are
operated by the department of corrections with a total average yearly
inmate population in excess of three thousand persons but less than four
thousand persons, the prosecuting attorney shall receive fifteen thousand
dollars per annum in addition to all other compensation provided by law.
In any county which contains facilities which are operated by the
department of corrections with a total average inmate population in
excess of four thousand persons, the prosecuting attorney shall receive
twenty thousand dollars per annum in addition to all other compensation
provided by law. The compensation provided in connection with the average
inmate population shall not be considered for purposes of determining any
increase in compensation from January 1, 1988. The amounts provided in
this subsection shall be included in the computation of the maximum
allowable compensation as that term is used in section 50.333, RSMo.

2. Notwithstanding the provisions of section 56.360, the prosecuting
attorney of any county of the fourth classification, with a population of
at least forty-eight thousand and not more than sixty thousand
inhabitants, two correctional facilities and a state mental health
center, shall devote full time to the prosecutor's office, and, except
for the performance of official duties, shall not engage in the practice
of law. (L. 1987 S.B. 65, et al., A.L. 1995 H.B. 424, A.L. 1998 S.B. 819,
A.L. 1999 S.B. 275, A.L. 2001 H.B. 52)

Effective 5-23-01

In counties of the first classification not having a charter form
of government, and counties which have passed the proposition authorized
by section 56.363, the prosecuting attorney, except in the performance of
special prosecutions or otherwise representing the state or its political
subdivisions, shall devote full time to his office, and shall not engage
in the practice of law. (L. 1967 p. 130, A.L. 1998 S.B. 819, A.L. 1999
S.B. 275)

Effective 5-6-99

1. The prosecuting attorney shall represent generally the county
in all matters of law, investigate all claims against the county, and
draw all contracts relating to the business of the county. He shall give
his opinion, without fee, in matters of law in which the county is
interested, and in writing when demanded, to the county commission or any
judge thereof, except in counties in which there is a county counselor.

2. Notwithstanding the provisions of subsection 1, in any county of the
first class not having a charter form of government for which a county
counselor is appointed, the prosecuting attorney shall only perform those
duties prescribed by subsection 1 which are not performed by the county
counselor under the provisions of law relating to the office of county
counselor. (RSMo 1939 § 12944, A.L. 1959 S.B. 67, A.L. 1973 H.B. 670,
A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11318; 1919 § 738; 1909 § 1008

Effective 1-2-79

In all criminal cases where any person or persons are brought up
on writs of habeas corpus before a judge of any court of record, it shall
be the duty of such attorney to attend upon the hearing of such
application on behalf of the state. (RSMo 1939 § 12945)

Prior revisions: 1929 § 11319; 1919 § 739; 1909 § 1009

In the course of a criminal investigation, the prosecuting or
circuit attorney may request the circuit or associate circuit judge to
issue a subpoena to any witness who may have information for the purpose
of oral examination under oath to require the production of books,
papers, records, or other material of any evidentiary nature at the
office of the prosecuting or circuit attorney requesting the subpoena.
(L. 1994 S.B. 693, A.L. 2001 S.B. 267)

No judge shall allow the cases alluded to in sections 56.060 and
56.080 to be tried before him, unless the prosecuting attorney or someone
properly qualified to prosecute for him is present. The judge, before
trying these cases, shall give due notice to the prosecuting attorney.
(RSMo 1939 § 12946, A. 1949 H.B. 2014, A.L. 1959 S.B. 67, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 11320; 1919 § 740; 1909 § 1010

Effective 1-2-79

The prosecuting attorney in counties of the first class not
having a charter form of government and in counties of the second class
shall make an annual report in November of each year to the county
commission, stating the number of misdemeanors and felonies occurring
within such county, which have been prosecuted by him or his assistants
the preceding year. (L. 1965 p. 150 § 7, A.L. 1973 H.B. 670)

If the prosecuting attorney and assistant prosecuting attorney be
interested or shall have been employed as counsel in any case where such
employment is inconsistent with the duties of his office, or shall be
related to the defendant in any criminal prosecution, either by blood or
by marriage, the court having criminal jurisdiction may appoint some
other attorney to prosecute or defend the cause. (RSMo 1939 § 12948)

Prior revisions: 1929 § 11322; 1919 § 742; 1909 § 1012

(1976) An unchallenged verified application to disqualify a prosecuting
attorney is merely a prima facie showing and does not require the court
to appoint another prosecutor. State v. Burton (A.), 544 S.W.2d 60.

If he be sick or absent, such court shall appoint some person to
discharge the duties of the office until the proper officer resumes the
discharge of his duties. (RSMo 1939 § 12949)

Prior revisions: 1929 § 11323; 1919 § 743; 1909 § 1013

The person appointed shall possess the same power as the proper
officer would if he was present and shall receive a reasonable fee for
each case prosecuted to be fixed by the court and to be taxed and paid as
other costs in criminal cases. (RSMo 1939 § 12950, A. 1949 H.B. 2014,
A.L. 1959 S.B. 67)

Prior revisions: 1929 § 11324; 1919 § 744; 1909 § 1014

If any prosecuting attorney shall fail to attend any term of the
court having criminal jurisdiction in his county, held in pursuance of
law, he shall be fined twenty-five dollars by the court, unless he show
good cause to the contrary at the next succeeding term thereof. (RSMo
1939 § 12951)

Prior revisions: 1929 § 11325; 1919 § 745; 1909 § 1015

1. The prosecuting attorney of all counties of the first class
not having a charter form of government may appoint such assistant
prosecuting attorneys, and may employ such investigators and stenographic
and clerical help as he deems necessary for the proper discharge of the
duties of his office, and may set their compensation within the limits of
the allocations made for that purpose by the county commission. The
compensation for the assistant prosecuting attorneys, investigators and
stenographic and clerical help shall be paid in equal installments out of
the county treasury in the same manner as other county employees are paid.

2. The assistant prosecuting attorneys shall be subject to the same fines
and penalties for neglect of duty or misdemeanor in office as the
prosecuting attorney.

3. All assistant prosecuting attorneys, investigators, and stenographic
and clerical help shall hold office at the pleasure of the prosecuting
attorney. (L. 1973 H.B. 670, A.L. 1999 S.B. 275)

Effective 5-6-99

In all counties of class one in this state, the assistant
prosecuting attorneys shall discharge such duties as may be required of
them in criminal and civil causes and in courts having jurisdiction of
same on behalf of the state or county; shall attend the grand jury of the
county if required so to do by the prosecuting attorney; assist and
advise said body; examine witnesses and preserve their testimony. The
assistant prosecuting attorneys shall be and are hereby empowered to sign
in their own name informations in criminal causes in all courts having
jurisdiction in criminal causes. (RSMo 1939 § 12960, A.L. 1945 p. 579)

Prior revision: 1929 § 11334

In all counties of class one, the stenographers in the office of
the prosecuting attorney shall, when so directed by the prosecuting
attorney of such county, take down and transcribe for the use of the
prosecuting attorney testimony and evidence before the grand jury of said
county and before any court of said county exercising criminal
jurisdiction or before the coroner of said county at any inquest held on
any homicide or felony inquiry, and shall perform such other duties in
the office of the prosecuting attorney as may be necessary. Before taking
down any evidence before the grand jury such stenographers shall be sworn
to keep secret any fact disclosed in said grand jury room, and shall not
divulge any testimony which he or she may have heard there, except to the
prosecuting attorney or when lawfully required to do so by a court of
record having jurisdiction in said matter. (RSMo 1939 § 12979, A.L. 1945
p. 579 § 12961)

Prior revision: 1929 § 11353

The prosecuting attorney, in counties of the second class, shall
be entitled to:

(1) Not more than four assistants when the assessed valuation of the
county is less than two hundred fifty million dollars;

(2) Not more than eight assistants when the assessed valuation of the
county is two hundred fifty million dollars or more.

The assistants shall be appointed by the prosecuting attorney. They shall
possess the same qualifications and be subject to the same fines and
penalties for neglect of duty or misdemeanor in office as the prosecuting
attorney. They shall be paid a salary in an amount as shall be fixed by
the prosecuting attorney and approved by the commissioners of the county
commission. The appointment, approval, and agreement as to the salary of
each assistant shall be in writing, and filed by the prosecuting attorney
with the county commission. (L. 1945 p. 572 § 3, A.L. 1959 S.B. 220, A.L.
1972 S.B. 557)

When the prosecuting attorney, of any county of the second class,
shall file with the county commission, the approval of the circuit judges
of the county of the appointment of an assistant prosecuting attorney, as
herein provided, it shall be the duty of the county commission to
commission such assistant as other officers are commissioned by such
commission. (L. 1945 p. 572 § 4)

Such assistant prosecuting attorneys shall be commissioned for
and hold their offices for the remainder of the term of the prosecuting
attorney by whom they have been appointed, and in case of a vacancy by
removal, death or resignation, the same shall be filled by appointment as
herein provided. (L. 1945 p. 572 § 5)

The prosecuting attorney, in counties of the second class, may
employ such stenographic and clerical help, with the approval of the
county commission, as may be necessary to the efficient operation of his
office. The salary of any stenographer or clerk, so employed, shall be
fixed by the prosecuting attorney, with the approval of the county
commission. (L. 1945 p. 572 § 6)

The prosecuting attorney in counties of the third class may
appoint assistant prosecuting attorneys who shall be licensed attorneys
in the state of Missouri and be subject to all the liabilities and
penalties for failure or neglect to discharge the duty to which
prosecuting attorneys are liable. The appointment of an assistant
prosecuting attorney shall be made in writing and filed by the
prosecuting attorney, and such assistant prosecuting attorney shall take
and subscribe to the oath or affirmation of office required of
prosecuting attorneys, which appointment and oath or affirmation of
office shall be filed in the office of the clerk of the circuit court of
the county. An assistant prosecuting attorney shall discharge the duties
of the prosecuting attorney when the prosecuting attorney is sick or
absent from the county, or when the prosecuting attorney is engaged in
the discharge of the duties of his office so that he cannot attend. In
counties of the third class an assistant prosecuting attorney shall
assist the prosecuting attorney in any case when requested to do so by
the prosecuting attorney, but the former shall be disqualified from
defending in any criminal case. The compensation of an assistant
prosecuting attorney in third class counties may be paid out of the
county treasury an annual salary in an amount approved by the county
commission. (L. 1945 p. 1535 § 4, A.L. 1947 V. I p. 489, A. 1949 H.B.
2014, A.L. 1961 p. 292, A.L. 1969 p. 108, A.L. 1974 H.B. 1381, A.L. 1990
S.B. 834, A.L. 1993 H.B. 562, A.L. 1995 H.B. 424)

The prosecuting attorney in counties of the third and fourth
class may employ such stenographic and clerical help as may be necessary
for the efficient operation of his office. The salary of any stenographer
or clerk so employed shall be fixed by the prosecuting attorney with the
approval of the county commission to be paid by the county. (L. 1961 p.
293 § 1, A.L. 1967 p. 132, A.L. 1979 H.B. 255)

The governing body of each second, third, and fourth class
county* in this state may, in its discretion, employ special counsel or
an attorney to represent such county or counties in prosecuting or
defending any suit or suits by or against such county or counties, and
may pay to such special counsel or attorney reasonable compensation for
his services, such compensation to be fixed by the governing body of such
county and paid out of such funds as the governing body may direct. Such
counsel or attorney shall be a duly licensed attorney and at least
twenty-five years of age. (RSMo 1939 § 12980, A.L. 1945 p. 571, A.L. 1983
S.B. 372)

Prior revisions: 1929 § 11354; 1919 § 773; 1909 § 1038

*Word "counties" appears in original rolls.

(1957) Where judges of county court retained counsel to defend them
against contempt proceedings in circuit court arising out of their
refusal to direct certain payments from county treasury, compensation of
such counsel was not an obligation of the county. County of St. Francois
v. Brookshire (Mo.), 302 S.W.2d 1.

1. The county prosecuting attorney in any county, other than in a
chartered county, shall receive an annual salary computed using the
following schedule, when applicable. The assessed valuation factor shall
be the amount thereof as shown for the year immediately preceding the
year for which the computation is done.

(1) For a full-time prosecutor the prosecutor shall receive compensation
equal to the compensation of an associate circuit judge;

(2) For a part-time prosecutor:

Assessed Valuation Amount $ 18,000,000 to 40,999,999 $37,000 41,000,000
to 53,999,999 38,000 54,000,000 to 65,999,999 39,000 66,000,000 to
85,999,999 41,000 86,000,000 to 99,999,999 43,000 100,000,000 to
130,999,999 45,000 131,000,000 to 159,999,999 47,000 160,000,000 to
189,999,999 49,000 190,000,000 to 249,999,999 51,000 250,000,000 to
299,999,999 53,000 300,000,000 or more 55,000

2. Two thousand dollars of the salary authorized in this section shall be
payable to the prosecuting attorney only if the prosecuting attorney has
completed at least twenty hours of classroom instruction each calendar
year relating to the operations of the prosecuting attorney's office when
approved by a professional association of the county prosecuting
attorneys of Missouri unless exempted from the training by the
professional association. The professional association approving the
program shall provide a certificate of completion to each prosecuting
attorney who completes the training program and shall send a list of
certified prosecuting attorneys to the treasurer of each county. Expenses
incurred for attending the training session may be reimbursed to the
county prosecuting attorney in the same manner as other expenses as may
be appropriated for that purpose.

3. As used in this section, the term "prosecuting attorney" includes the
circuit attorney of any city not within a county.

4. The prosecuting attorney of any county which becomes a county of the
first classification during a four-year term of office or a county which
passed the proposition authorized by section 56.363 shall not be required
to devote full time to such office pursuant to section 56.067 until the
beginning of the prosecuting attorney's next term of office or until the
proposition otherwise becomes effective.

5. The provisions of section 56.066 shall not apply to full-time
prosecutors who are compensated pursuant to subdivision (1) of subsection
1 of this section. (L. 1987 S.B. 65, et al. § 3, A.L. 1988 S.B. 431, A.L.
1993 S.B. 250, A.L. 1995 H.B. 424, A.L. 1997 S.B. 11, A.L. 1998 S.B. 819,
A.L. 1999 S.B. 275)

Effective 5-6-99

The prosecuting attorney in counties of the third and fourth
class, in addition to his other duties provided by law, shall submit to
the attorney general of the state of Missouri, a written brief
summarizing the facts and law of the lower court proceedings had in all
criminal cases appealed to the supreme court from the county of his
jurisdiction. The provisions of this section shall not apply to counties
of the fourth class having an assessed valuation of less than ten million
dollars, unless approved by the county commission. (L. 1965 p. 165 § 1,
A.L. 1987 S.B. 65, et al.)

Effective 1-1-88

In addition to all other duties imposed upon the prosecuting
attorney in counties of the second, third and fourth classes, if any
elected county official be sued in connection with the performance of
this office, under the provisions of Section 1983, Title 42, United
States Code, the prosecuting attorney shall, if requested to do so by
such elected county official, act as defense counsel or co-counsel for
such elected official. (L. 1979 H.B. 255 § 1)

The prosecuting attorney in counties of the third and fourth
class shall attend inquests by coroners in cases of death occurring by
violence, and which may result in a charge of felony. The prosecuting
attorney shall make an investigation concerning the death and cause to be
brought before the coroner any witnesses he desires. He shall be
permitted by the coroner to assist in the interrogation of witnesses for
the full development of the circumstances leading up to and resulting in
the death, and for his information concerning any possible criminal
charge that may grow out of the death. (L. 1949 p. 231 § 1, A.L. 1957 p.
325)

The prosecuting attorney in counties of the third and fourth
classes shall attend all hearings and applications for judicial paroles
and investigate all applications for judicial paroles, make a complete
investigation of all the facts and circumstances surrounding the
applicant, his home life, family and business, make a report of his
findings thereon to the circuit judge and make such recommendation as he
deems necessary and advisable to the circuit judge. (L. 1953 p. 380 § 1,
A.L. 1957 p. 325)

1. Notwithstanding the provisions of sections 50.525 to 50.745,
RSMo, the one-half of the tax collection fee which is designated for the
use of the prosecuting or circuit attorney as provided in section
136.150, RSMo, shall be deposited by the county treasurer into a separate
interest-bearing fund to be expended at the direction of the prosecuting
attorney as provided in this section. These funds shall not be budgeted
by the governing body of the county or the city of St. Louis, and shall
be expended only upon warrants executed by the circuit or prosecuting
attorney, directing the treasurer to issue checks thereon.

2. The moneys deposited in the fund may be used by the prosecuting or
circuit attorney for office supplies, postage, books, training, office
equipment, capital outlay, expenses of trial and witness preparation,
additional employees for the staff of the prosecuting or circuit
attorney, salary supplements for existing employees on the staff of the
prosecuting or circuit attorney.

3. No prior approval of the expenditures from this fund shall be required
by the governing body of the county or the city of St. Louis, nor shall
any prior audit or encumbrance of the fund be required before any
expenditure is made by the prosecuting or circuit attorney from this
fund. This fund may be audited by the state auditor's office or the
appropriate auditing agency.

4. If the moneys collected and deposited into this fund are not totally
expended annually, then the unexpended balance shall remain in said fund
and the balance shall be kept in said fund to accumulate from year to
year. (L. 1986 S.B. 665)

In all counties of class one the salary of the prosecuting
attorney is in lieu of all fees for criminal cases, but the fees of the
prosecuting attorney shall continue to be taxed as heretofore, and, when
collected, shall be turned into the treasury of the county. All fees of
the prosecuting attorney in criminal cases not paid by the state shall be
collected by the clerk of the circuit court of the county and by him paid
into the treasury of the county. When the fees are paid by the state,
they shall be paid into the county treasury in the manner now provided by
law. (RSMo 1939 § 13469, A.L. 1945 p. 1566, A.L. 1959 S.B. 67)

Prior revisions: 1929 § 11837; 1919 § 11045

The treasurer of each county of class one shall set aside the
prosecuting attorney's fees to be used as a contingent fund for the
prosecuting attorney for the payment of the incidental expenses in
bringing parties and witnesses from other states or countries and in
properly preparing cases for trial, attending trial on changes of venue,
attending at the taking of depositions, in printing briefs, and appearing
before the appellate courts of the state, and generally the expenses he
is put to in the proper and vigorous prosecution of the duties of his
office. The fund shall be paid out as needed to the prosecuting attorney
by the county treasurer, not exceeding twenty thousand dollars in any
year, upon warrant of the prosecuting attorney approved and signed by a
judge of the circuit court of said county. At the end of each year the
county treasurer shall pay into the general revenue fund of the county
any balance in his hands from fees, so collected, exceeding the sum of
two thousand five hundred dollars. (RSMo 1939 § 13470, A.L. 1957 p. 344,
A.L. 1959 S.B. 67, A.L. 1967 1st Ex. Sess. p. 870)

Prior revisions: 1929 § 11838; 1919 § 11046

The prosecuting attorney, in counties of the second, third and
fourth classes, shall charge upon behalf of the county every fee that
accrues in his office and receive the same, and at the end of each month,
pay over to the county treasury all moneys collected by him as fees,
taking two receipts therefor, one of which he will immediately file with
the clerk of the county commission, and shall at the same time make out
an itemized and accurate list of all fees in his office which have been
collected by him, and one of all fees due his office which have not been
paid, giving the name of the person or persons paying or owing the same,
and turn the same over to the county commission, stating that he has been
unable, after the exercise of diligence, to collect the part unpaid, said
report to be verified by affidavit, and it shall be the duty of the
county commission to cause the fees unpaid to be collected by law, and to
cause the same when collected to be turned over to the county treasury.
(L. 1945 p. 1535 § 3, L. 1945 p. 1536 § 3, A. 1949 H.B. 2014)

Any prosecuting attorney or circuit attorney, or any assistant
prosecuting attorney or any assistant circuit attorney, or anyone who has
held either one of said offices, who shall accept of any fee, gratuity,
present or reward for signing the petition or application for a pardon of
any person that was convicted of a felony or a misdemeanor during his
term of office, or who shall accept of any fee, gratuity, present or
reward for using his influence towards the pardon of any such person,
shall be deemed guilty of bribery, and shall, on conviction, be punished
by imprisonment in the penitentiary for a term of not less than two years
nor more than five years. (RSMo 1939 § 12983)

Prior revisions: 1929 § 11357; 1919 § 776; 1909 § 1041

It shall be unlawful for any prosecuting attorney or circuit
attorney, or any assistant prosecuting attorney or any assistant circuit
attorney, during the term of office for which he shall have been elected
or appointed, to accept employment by any party other than the state of
Missouri in any criminal case or proceeding; provided, that nothing in
this section shall be deemed to preclude the officers specified in this
section from engaging in the civil practice of law. Any violation of the
provisions of this section shall be deemed a misdemeanor. (RSMo 1939 §
12927, A.L. 1959 H.B. 376)

Prior revisions: 1929 § 11302; 1919 § 722; 1909 § 993

1. The county commission of any county may on its own motion and
shall upon the petition of ten percent of the total number of people who
voted in the previous general election in the county submit to the voters
at a general or special election the proposition of making the county
prosecutor a full-time position. The commission shall cause notice of the
election to be published in a newspaper published within the county, or
if no newspaper is published within the county, in a newspaper published
in an adjoining county, for three weeks consecutively, the last insertion
of which shall be at least ten days and not more than thirty days before
the day of the election, and by posting printed notices thereof at three
of the most public places in each township in the county. The proposition
shall be put before the voters substantially in the following form:

Shall the office of prosecuting attorney be made a full-time position in
............... County?

[ ] Yes [ ] No

If a majority of the voters voting on the proposition vote in favor of
making the county prosecutor a full-time position, it shall become
effective upon the date that the prosecutor who is elected at the next
election subsequent to the passage of such proposal is sworn into office.

2. The provisions of subsection 1 of this section notwithstanding, in any
county where the proposition of making the county prosecutor a full-time
position was submitted to the voters at a general election in 1998 and
where a majority of the voters voting on the proposition voted in favor
of making the county prosecutor a full-time position, the proposition
shall become effective on May 1, 1999. Any prosecuting attorney whose
position becomes full time on May 1, 1999, under the provisions of this
subsection shall have the additional duty of providing not less than
three hours of continuing education to peace officers in the county
served by the prosecuting attorney in each year of the term beginning
January 1, 1999.

3. In counties that, prior to August 28, 2001, have elected pursuant to
this section to make the position of prosecuting attorney a full-time
position, the county commission may at any time elect to have that
position also qualify for the retirement benefit available for a
full-time prosecutor of a county of the first classification. Such
election shall be made by a majority vote of the county commission and
once made shall be irrevocable. When such an election is made, the
results shall be transmitted to the Missouri prosecuting attorneys and
circuit attorneys' retirement system fund, and the election shall be
effective on the first day of January following such election. Such
election shall also obligate the county to pay into the Missouri
prosecuting attorneys and circuit attorneys' system retirement fund the
same retirement contributions for full-time prosecutors as are paid by
counties of the first classification. (L. 1997 S.B. 11, A.L. 1999 S.B.
275, A.L. 2002 H.B. 2080)

It is unlawful for the circuit attorneys or the assistant circuit
attorneys of the courts of this state having jurisdiction of criminals
within cities in this state having a population of seven hundred thousand
inhabitants or more to contract for, directly or indirectly, or to
accept, receive or take any fee, reward, promise or undertaking, or gift
or valuable thing of any kind whatsoever, except the salary of his office
prescribed by law, for aiding, advising, promoting or procuring any
indictment, true bill or legal process of any kind whatsoever against any
person or party, or for aiding, promoting, counseling or procuring the
detection, discovery, apprehension, prosecution or conviction of any
person upon any charge whatsoever, or for aiding, advising or counseling
of or concerning, or for procuring, promoting or effecting the discovery
or recovery, by any means whatever, of any valuable thing which is
secreted or detained from the possession of the owner or lawful custodian
thereof. Any officer who is convicted of the violation of any of the
provisions of this section shall be punished by imprisonment by the state
department of corrections and human resources for not more than seven
years and in addition shall forfeit his office. (RSMo 1939 § 12929, A.L.
1965 p. 166, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 11304; 1919 § 724; 1909 § 995

Any officer who is indicted for the violation of section 56.380,
in the discretion of the court of which he is an officer, or of the judge
thereof, by an order of record in the records of the court, may be
suspended from the office to which he was elected or appointed and
qualified, until the indictment is disposed of in favor of the officer,
or until the officer is acquitted thereon by the verdict of a jury. The
court making the order of suspension shall transmit forthwith, by mail,
to the governor of the state of Missouri, a copy of the order, certified
under the seal of the court by the clerk thereof. Immediately upon the
receipt of the certified copy of the order of suspension, the governor
shall appoint and commission a successor to the suspended officer. The
successor shall possess the qualifications for the office prescribed by
law, and, during the period of suspension, shall perform the duties and
receive the salary prescribed for the office by law. He shall conduct the
prosecution of the indictment upon which the suspension of his
predecessor was made. (RSMo 1939 § 12932, A.L. 1965 p. 166)

Prior revisions: 1929 § 11307; 1919 § 727; 1909 § 998

If the suspended officer is acquitted he shall be restored to the
office from which he was suspended, by an order of record of the court by
which the suspension was made, and the commission and authority of the
successor of the suspended officer shall thereupon cease and determine.
(RSMo 1939 § 12933, A.L. 1965 p. 166)

Prior revisions: 1929 § 11308; 1919 § 728; 1909 § 999

At the general election to be held in this state in the year
1948, and every four years thereafter, there shall be elected in the city
of St. Louis one circuit attorney, who shall reside in said city, and
shall possess the same qualifications and be subject to the same duties
that are prescribed by this chapter for prosecuting attorneys throughout
the state. (RSMo 1939 § 12906, A.L. 1945 p. 581, A. 1949 H.B. 2014, A.L.
1978 H.B. 971)

Prior revisions: 1929 § 11281; 1919 § 701; 1909 § 975

It shall be the duty of the circuit attorney of the city of St.
Louis and of his assistants and associates to devote their entire time
and energy to the discharge of their official duties; but the circuit
attorney may in his discretion designate as many as seven of his
assistants as provided for in section 56.540 as special assistant circuit
attorneys and those special assistant circuit attorneys may be allowed to
engage in the civil practice of law. (L. 1959 H.B. 376, A.L. 1967 p. 133,
A.L. 1978 H.B. 1634)

Effective 1-2-79

The circuit attorney of the city of St. Louis shall manage and
conduct all criminal cases, business and proceedings of which the circuit
court of the city of St. Louis shall have jurisdiction. He shall appear
for the state in all misdemeanor cases appealed from the circuit court of
the city of St. Louis to the court of appeals. (RSMo 1939 § 2231, A. 1949
H.B. 2014, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2129; 1919 § 2632; 1909 § 4165

Effective 1-2-79

(1955) Prosecutor has the sole authority and discretion to elect to
reduce the offense charged before trial. State ex rel. Dowd v. Nangle
(Mo.), 276 S.W.2d 135.

If the St. Louis board of aldermen enacts an ordinance in
accordance with the applicable provisions of the St. Louis city charter,
the circuit attorney for the city of St. Louis may perform the following
duties in addition to all other duties imposed by law:

(1) Act as defense counsel or co-counsel for any elected county official
of the city of St. Louis if that official is sued in connection with the
performance of his office, under the provisions of Section 1983, Title
42, United States Code;

(2) Represent the sheriff of the city of St. Louis or the St. Louis
metropolitan police department in writs of replevin filed for the return
of property that is or has been used as evidence in any state criminal or
traffic case;

(3) Represent petitioners in civil contempt proceedings when it is
alleged that a respondent has violated a court order under chapter 455,
RSMo;

(4) Upon his own motion or on a motion of the court or on a motion of the
public defender, initiate proceedings under section 600.100, RSMo, to
determine the present ability of any defendant to pay all or a portion of
the costs of his representation. (L. 1981 S.B. 133, A.L. 1984 S.B. 601,
A.L. 1987 S.B. 65, et al.)

Effective 1-1-88

In addition to his other duties, the circuit attorney of the city
of St. Louis shall make a detailed report of all information in his
possession pertaining to each person committed to the state penitentiary
by the circuit court of the city of St. Louis to the director of the
state department of corrections and human resources and to the state
board of probation and parole. The report shall include such information
as may be requested by such director or board and shall include a summary
of such evidence as to the prior convictions of the convict, his mental
condition, education and other personal background information which is
available to the circuit attorney as well as the date of the crime for
which the convict was sentenced, whether he was tried or pleaded guilty,
and such facts as are available as to the aggravating or mitigating
circumstances of the crime. The circuit attorney may include in the
report his recommendation as to whether the convict should be kept in a
maximum security institution. The report shall be transmitted within
twenty days after the date of the conviction or at such other time as is
prescribed by the director of the department of corrections and human
resources or board of probation and parole. (L. 1955 p. 361 § 1, A.L.
1978 H.B. 1634)

Effective 1-2-79

It shall be the duty of the circuit attorney of the city of St.
Louis, in person or by assistants, to hear complaints in felony and
misdemeanor cases and to file information in such cases with the clerk of
the circuit court of the city of St. Louis and to prosecute the same in
said court; and it shall be the duty of the circuit attorney, or such
assistants as he may designate, to attend at his office on each day of
the week, except Sunday and national and state holidays, at all
reasonable hours, for the purpose of preparing all complaints, affidavits
and informations in such cases required by law to be lodged in said
court. (RSMo 1939 § 2307, A. 1949 H.B. 2014, A.L. 1976 S.B. 658, A.L.
1978 H.B. 1634)

Prior revision: 1929 § 14699

Effective 1-2-79

1. It shall be the duty of the chief of police of the city of St.
Louis, within twenty hours after the arrest by the police of any person
for felony or misdemeanor under the laws of this state, to report to the
circuit attorney the name of the person so arrested and the name of the
prosecuting witness and of any other material witnesses known to the
police, and said circuit attorney or his assistants shall thereupon
proceed to institute such prosecution as is required by law if, in the
judgment of such circuit attorney, the evidence presented to him is
sufficient to justify a prosecution.

2. Any willful failure on the part of the chief of police, or other
officer whose duty it shall be to act in the premises, to comply with the
provisions of this section, shall be deemed a misdemeanor, and the
offending party may be indicted and, upon conviction, punished by fine of
not less than ten nor more than one hundred dollars, any law of this
state or any ordinance of the city of St. Louis to the contrary
notwithstanding. (RSMo 1939 § 2308, A.L. 1978 H.B. 1634)

Prior revision: 1929 § 14700

Effective 1-2-79

The circuit attorney of cities that have five hundred thousand
inhabitants or more is required to attend inquests held by coroners in
cases of death occurring by violence, and which may result in a charge of
felony. The circuit attorney shall make an investigation concerning the
death and cause to be brought before the coroner any witnesses he
desires, and shall be permitted by the coroner to assist in the
interrogation of witnesses for the full development of the circumstances
leading up to and resulting in the death, and for his information
concerning any possible criminal charge that may grow out of the same.
For these services there shall be taxed as costs a fee in favor of the
circuit attorney of ten dollars for each inquest, to be paid as other
costs by the respective cities. Each coroner shall promptly notify the
circuit attorney of his city of the time and place of inquisition
concerning any death of the aforesaid characteristics. (RSMo 1939 §
12984, A.L. 1959 S.B. 67)

Prior revisions: 1929 § 11358; 1919 § 777

The treasurer of said city shall set aside the circuit attorney's
fees so turned into the treasury of said city to be used as a contingent
fund for the circuit attorney for the payment of the incidental expenses
in bringing parties and witnesses from other states or countries and in
properly preparing causes for trial, attending trial on changes of venue,
attending at the taking of depositions, in printing briefs, and appearing
before the appellate courts of the state, and generally such expenses as
he may be put to in the proper and vigorous prosecution of the duties of
his office. Such fund shall be paid out as needed to the circuit attorney
by the said city treasurer out of said funds in the treasury of said city
not exceeding thirty-two thousand dollars in any year upon warrant of the
circuit attorney. At the end of each year said treasurer shall pay into
the general revenue fund of such city any balance that may be in his
hands from fees so collected exceeding the sum of one thousand dollars.
(RSMo 1939 § 12915, A.L. 1957 p. 340, A.L. 1961 p. 294, A.L. 1978 H.B.
1634)

Prior revisions: 1929 § 11290; 1919 § 710; 1909 § 984

Effective 1-2-79

1. The circuit attorney of such circuit may appoint one first
assistant circuit attorney, one chief trial assistant, one warrant
officer, one chief misdemeanor assistant and such additional assistant
circuit attorneys as the circuit attorney deems necessary for the proper
administration of his office. The appointments shall be in writing and
shall be entered upon the minutes of the criminal divisions.

2. The circuit attorney may also appoint one chief clerk, grand jury
reporters, and as many clerks, criminal legal investigators, reporters,
and stenographers as he deems necessary for the proper administration of
his office. It is the duty of the clerks, reporters and stenographers to
act as clerks, reporters and stenographers for the circuit attorney, and,
when so directed by him, the reporters and stenographers shall take down
and transcribe, for his use, evidence before the grand jury or before any
court of the circuit exercising criminal jurisdiction. Before taking down
any evidence before the grand jury, the reporters and stenographers shall
be sworn to secrecy and shall not divulge any testimony which they may
hear except to the circuit attorney, or when lawfully required to do so
in a court of record. The clerk, reporters and stenographers shall also
perform other services as the circuit attorney may direct.

3. Salaries for all employees of the circuit attorney's office shall be
set and determined by the circuit attorney and the St. Louis board of
aldermen, subject to the approval of the board of estimate and
apportionment of the city of St. Louis.

4. All salaries shall be paid on a biweekly basis.

5. Appointments by the circuit attorney of assistant circuit attorneys,
clerks, stenographers, reporters, criminal legal investigators, and all
other personnel, in excess of the minimum numbers authorized by this
section, shall be subject to the approval of the board of estimate and
apportionment of the city of St. Louis. (RSMo 1939 § 12909, A.L. 1945 p.
581 § 12906A, A.L. 1949 p. 230, A.L. 1953 p. 389, A.L. 1955 p. 362, A.L.
1961 p. 295, A.L. 1967 p. 133, A.L. 1969 p. 108, A.L. 1973 S.B. 235, A.L.
1978 H.B. 1634, S.B. 700, A.L. 1981 S.B. 133, A.L. 1983 S.B. 250, A.L.
1988 S.B. 431, A.L. 1993 S.B. 250)

Prior revisions: 1929 § 11284; 1919 § 704; 1909 § 978

Before entering upon the duties of their office, the circuit
attorney and said assistants shall be severally sworn to support the
Constitution of the United States and the Constitution of Missouri, and
to faithfully demean themselves in office. The duties of said assistants
shall be to assist the circuit attorney generally in the conduct of his
office, under his direction and subject to his control; and said circuit
attorney and his assistants shall institute and prosecute all criminal
actions in the circuit court. The circuit attorney and said assistant
circuit attorneys, when so directed by the circuit attorney, may attend
upon the grand jury. (RSMo 1939 §§ 12909, 12912, A.L. 1945 p. 581 §
12906B, A.L. 1978 H.B. 1634)

Prior revisions: 1929 §§ 11284, 11287; 1919 §§ 704, 707; 1909 §§ 978, 981

Effective 1-2-79

The assistant circuit attorneys, clerks and stenographers
appointed under the provisions of this chapter shall hold office from
month to month, during the pleasure of the circuit attorney, and shall be
removable at any time by the circuit attorney, at his option. (RSMo 1939
§ 12911, A.L. 1945 p. 581 § 12906D)

Prior revisions: 1929 § 11286; 1919 § 706; 1909 § 980

For the performance of additional duties imposed by section 32 of
article I of the Missouri Constitution and the additional duties imposed
by the 1992 revision of section 546.630*, RSMo, beginning on January 1,
1998, the circuit attorney shall receive an annual salary of eighty-six
thousand dollars and this salary shall constitute the sole compensation
for all duties required to be performed by the circuit attorney under the
law. The circuit attorney's fees shall continue to be taxed as
heretofore, but when collected shall be turned into the treasury of the
city. All circuit attorney's fees in criminal cases not paid by the state
shall be collected by the circuit clerk or responsible clerk and paid
into the treasury of the city. When such fees are paid by the state, they
shall be paid into the city treasury in the manner now provided by law.
(RSMo 1939 § 12914, A.L. 1945 p. 581 § 12906E, A.L. 1953 p. 389, A.L.
1967 p. 135, A.L. 1978 H.B. 1634, A.L. 1987 S.B. 65, et al., A.L. 1993
S.B. 250, A.L. 1997 S.B. 11)

Prior revisions: 1929 § 11289; 1919 § 709; 1909 § 983

*Section 546.630 was repealed in 1993 by H.B. 562 § A.

1. The county commission or governing body of any county, except
for any county with a charter form of government and with more than two
hundred fifty thousand but fewer than three hundred fifty thousand
inhabitants, may by order of the commission or governing body appoint
some suitable person to the position of county counselor. If a county
counselor is appointed, the county counselor shall be commissioned as
other officers are commissioned. The county counselor shall serve at the
pleasure of the county commission or governing body.

2. The county counselor shall be a person licensed to practice law in
this state, but the county commission or governing body may determine and
fix further qualifications for the position.

3. The county commission or governing body shall fix the compensation of
the county counselor.

4. The county commission or governing body may require the county
counselor to devote his full time to the duties of his office. (L. 1973
H.B. 670, A.L. 1982 S.B. 478, A.L. 2005 S.B. 210)

1. If a county counselor is appointed, the county counselor and
the county counselor's assistants under the county counselor's direction
shall represent the county and all departments, officers, institutions
and agencies thereof, except as otherwise provided by law and shall upon
request of any county department, officer, institution or agency for
which legal counsel is otherwise provided by law, and upon the approval
of the county commission or governing body, represent such department,
officer, institution or agency. The county counselor shall commence,
prosecute or defend, as the case may require, and exercise exclusive
authority in all civil suits or actions in which the county or any county
officer, commission, governing body, or agency is a party, in the county
counselor's or its official capacity, the county counselor shall draw all
contracts relating to the business of the county, the county counselor
shall represent the county generally in all matters of civil law, and the
county counselor shall upon request furnish written opinions to any
county officer or department.

2. In all cases in which a civil fine may be imposed pursuant to section
49.272, RSMo, it shall be the duty of the county counselor, rather than
the county prosecuting attorney, to prosecute such violations in the
associate division of the circuit court in the county where the violation
occurred.

3. Notwithstanding any law to the contrary, the county counselor in any
county of the first classification and the prosecuting attorney of such
county may by mutual cooperation agreement prosecute or defend any civil
action which the prosecuting attorney or county counselor of the county
is authorized or required by law to prosecute or defend. (RSMo 1939 §
12991, A.L. 1947 V. II p. 210, A.L. 1951 p. 417, A.L. 1973 H.B. 670, A.L.
2003 S.B. 537, A.L. 2005 S.B. 210)

Prior revisions: 1929 § 11366; 1919 § 784; 1909 § 1045

CROSS REFERENCE: County ordinance violations, amount and purpose (Boone,
Cass, Greene, Jasper, and Jefferson counties), RSMo 49.272

If a county counselor is appointed, the county counselor shall in
person, or by assistant, at the election of the county commission or
governing body, attend such sittings of the county commission and give
advice on all legal questions that may arise during the session of the
commission or governing body as the county commission or governing body,
and the county counselor shall assist the county commission or governing
body in all such matters that may be referred to the county counselor.
The county counselor may, with the approval of the county commission or
governing body, employ such office personnel as are necessary in the
discharge of the county counselor's official duties and such employees
and assistants shall hold their positions at the pleasure of the county
counselor and shall be paid monthly by the county commission or governing
body out of the county treasury. The county counselor may, with the
approval of the county commission or governing body, appoint such
assistants as are necessary in the conduct of the county counselor's
office, who shall receive as compensation such salary as is fixed by the
county counselor and approved by the county commission or governing body.
(RSMo 1939 § 12992, A.L. 1947 V. II p. 210, A.L. 1973 H.B. 670, A.L. 2005
S.B. 210)

Prior revisions: 1929 § 11367; 1919 § 785; 1909 § 1046

The county counselor may, with the approval of the county
commission or the governing body of such county, employ special county
counselors to represent such county in prosecuting or defending any suit
by or against such county, or any official of such county acting in the
county counselor's official capacity. The county counselor may pay such
special county counselors a reasonable compensation, which shall be fixed
by the county commission or the governing body of such county and paid
out of such funds as the county commission or the governing body may
direct, for their services. Special county counselors employed under this
section shall have the same qualifications required for county counselors
under the provisions of section 56.631. (L. 1978 S.B. 769, A.L. 2005 S.B.
210)

1. The county commission of any county of the first
classification without a charter form of government or any county of the
second classification which contains part of a city with a population
greater than three hundred fifty thousand may, in lieu of or in addition
to appointing a county counselor pursuant to section 56.631, contract
with a private attorney for the provision of nonprosecutorial legal
services for such county.

2. The method of payment of any attorney hired by a county commission
pursuant to this section shall be governed solely by the provisions of
the contract providing for such legal services.

3. Any attorney with whom a county commission contracts pursuant to the
provisions of this section shall be considered an independent contractor
and shall not be considered an employee or an officer of such county. (L.
1998 H.B. 1586)

1. The prosecuting attorney in each county of the second, third
or fourth class which contains a mental health facility able to serve at
least eighty persons on an overnight, inpatient basis at any one time,
and which is operated by the state department of mental health, division
of psychiatric services, may employ an assistant prosecuting attorney to
assist in carrying out the duties of the office of prosecuting attorney
relating to mental health and mental health facilities. The assistant
prosecuting attorney authorized by this subsection shall be in addition
to any other assistant prosecuting attorney authorized by law. The
assistant prosecuting attorney employed under this subsection shall
receive an annual compensation of fifteen thousand dollars payable out of
the state treasury from funds appropriated for that purpose.

2. The county counselor or circuit attorney in each county of the first
class with a charter form of government containing part of a city with a
population of over four hundred fifty thousand and in each city not
within a county may employ an assistant county counselor or circuit
attorney to assist in carrying out the duties of the office of the county
counselor or circuit attorney relating to mental health and mental health
facilities. The assistant authorized by this subsection shall be in
addition to any other assistants authorized by law. The assistant county
counselor or circuit attorney employed under this subsection shall
receive an annual compensation of fifteen thousand dollars payable out of
the state treasury from funds appropriated for that purpose.

3. The prosecuting attorney in each county of the second, third or fourth
class which contains a mental health facility able to serve at least
eighty persons on an overnight, inpatient basis at any one time, and
which is operated by the state department of mental health, division of
psychiatric services, may employ additional investigative and clerical
personnel to assist in carrying out the duties of the office of
prosecuting attorney relating to mental health and mental health
facilities. The investigative and clerical personnel authorized by this
subsection shall be in addition to any other personnel authorized by law.
The compensation for such additional investigative and clerical
personnel, not to exceed a total of fifteen thousand dollars annually for
each eligible county, shall be paid out of the state treasury from funds
appropriated for that purpose.

4. The county counselor or circuit attorney in each county of the first
class with a charter form of government containing part of a city with a
population of over four hundred fifty thousand and in each city not
within a county may employ additional investigative and clerical
personnel to assist in carrying out the duties of the office of the
county counselor or circuit attorney relating to mental health and mental
health facilities. The investigative and clerical personnel authorized by
this subsection shall be in addition to any other personnel authorized by
law. The compensation for such additional investigative and clerical
personnel, not to exceed a total of fifteen thousand dollars annually for
each eligible county or city not within a county, shall be paid out of
the state treasury from funds appropriated for that purpose. (L. 1979
H.B. 255 § 4, A.L. 1989 S.B. 30)

The "Missouri Office of Prosecution Services" is hereby
established as an autonomous entity in the Missouri attorney general's
office. It shall be the purpose of the Missouri office of prosecution
services to assist the prosecuting attorneys throughout the state in
their efforts against criminal activity in the state. Such assistance may
include:

(1) The obtaining, preparing, supplementing, and disseminating of indexes
to and digests of the decisions of the supreme court and the court of
appeals of Missouri and other courts, and the statutes, and other legal
authorities relating to criminal matters, and civil matters concerning
the duties of prosecuting attorneys and circuit attorney;

(2) The preparation and distribution of model complaints, informations,
indictments, instructions, search warrants, interrogation advices, and
other common and appropriate documents employed in the administration of
criminal justice;

(3) The preparation and distribution of a basic prosecutor's manual and
other educational materials;

(4) The promotion of and assistance in the training of prosecuting
attorneys and circuit attorney on a statewide basis;

(5) The provision of legal research assistance to prosecuting attorneys
and circuit attorney;

(6) The development, support and maintenance of automated case management
and criminal history reporting systems approved by the prosecutors
coordinators training council as the standard utilized by prosecuting
attorneys and circuit attorney; and

(7) The provision of other assistance to prosecuting attorneys and
circuit attorney that is necessary for the successful implementation of
sections 56.750 to 56.775 or that hereinafter may be authorized by law.
(L. 1981 S.B. 32 § 1, A.L. 2004 S.B. 1211)

There shall be an executive director of the office of prosecution
services with a staff, within the limits of appropriations for the
purpose, to carry out the purpose of this office. The prosecutors
coordinators training council may establish an independent office site or
provide an office for the executive director and staff in another
appropriate office site. The executive director and staff will be
employed solely for the purpose of providing training for the prosecuting
attorneys and circuit attorney and their assistants, and for the other
legitimate services necessary to provide the prosecutorial services set
forth in section 56.750. (L. 1981 S.B. 32 § 2, A.L. 1984 S.B. 601, A.L.
1999 S.B. 275)

The "Prosecutors Coordinators Training Council" is created to be
composed of the president, vice president, secretary, treasurer and
immediate past president of the Missouri Prosecuting Attorneys
Association, duly elected and serving terms pursuant to the bylaws of the
association, and of the attorney general or his designee. The president
of the Missouri Prosecuting Attorneys Association shall be the chairman
and the vice president of the Missouri Prosecuting Attorneys Association
shall be the vice chairman of the council. The terms of the members of
the council shall be concurrent with their terms as officers of the
Missouri Prosecuting Attorneys Association. The term on the council of
the attorney general shall be concurrent with the elective term as
attorney general of the state. A member of the council shall vacate his
position on the council upon termination of his official position as a
prosecuting attorney or as attorney general. The council shall establish
its own procedures and requirements with respect to quorum, place and
conduct of its meetings and other matters. The council shall meet at
least four times each year and shall hold meetings when called by the
chairman, or, in the absence of the chairman, by the vice chairman, or
upon the request of the attorney general, or upon the written request of
three members of the council. The members of the council shall serve
without compensation but shall be entitled to their actual expenses
incurred in attending meetings and in the performance of their duties.
The prosecutors coordinators training council shall appoint the executive
director of the Missouri office of prosecution services, fix the
conditions of his employment and tenure in office, in accordance with the
laws of the state of Missouri, and shall be responsible for the efficient
discharge of his duties. The attorney general, in addition to
participating in the appointment of the executive director and other
duties and matters which come before the council, shall have the power,
unilaterally, to terminate with cause the employment of the executive
director. The attorney general shall also have the power to unilaterally
veto the appointment of the executive director. The prosecutors
coordinators training council shall fix the salary of the executive
director within the total sum of funds available from all sources
including, but not limited to, moneys from the Missouri office of
prosecution services fund, federal grants, dues, contributions, and
gifts. The executive director, with the advice and consent of the
prosecutors coordinators training council, shall employ the persons
needed to carry out the duties of the office and shall fix their
compensation within the total sum of money available from all sources
including, but not limited to, moneys from the Missouri office of the
prosecution services fund, federal grants, when and if available, dues of
the association members, contributions and gifts, and shall fix their
conditions of employment and tenure in office, and shall be responsible
for the efficient discharge of their duties. (L. 1981 S.B. 32 § 3, A.L.
1984 S.B. 601)

1. A surcharge of one dollar shall be assessed as costs in each
court proceeding filed in any court in the state in all criminal cases
including violations of any county ordinance or any violation of a
criminal or traffic law of the state, including an infraction; except
that no such surcharge shall be collected in any proceeding in any court
when the proceeding or the defendant has been dismissed by the court or
when costs are to be paid by the state, county or municipality.

2. One-half of all moneys collected under the provisions of subsection 1
of this section shall be payable to the state of Missouri and remitted to
the director of revenue who shall deposit the amount collected pursuant
to this section to the credit of the "Missouri Office of Prosecution
Services Fund" which is hereby created in the state treasury. The moneys
credited to the Missouri office of prosecution services fund from each
county shall be used only for the purposes set forth in sections 56.750,
56.755, and 56.760. The state treasurer shall be the custodian of the
fund, and shall make disbursements, as allowed by lawful appropriations.
All earnings resulting from the investment of money in the fund shall be
credited to the Missouri office of prosecution services fund. The
Missouri office of prosecution services may collect a registration fee to
pay for expenses included in sponsoring training conferences. The
revenues and expenditures of the Missouri office of prosecution services
shall be subject to an annual audit to be performed by the Missouri state
auditor. The Missouri office of prosecution services shall also be
subject to any other audit authorized and directed by the state auditor.

3. One-half of all moneys collected under the provisions of subsection 1
of this section shall be payable to the county treasurer of each county
from which such funds were generated. The county treasurer shall deposit
all of such funds into the county treasury in a separate fund to be used
solely for the purpose of additional training for circuit and prosecuting
attorneys and their staffs. If the funds collected and deposited by the
county are not totally expended annually for the purposes set forth in
this subsection, then the unexpended moneys shall remain in said fund and
the balance shall be kept in said fund to accumulate from year to year,
or at the request of the circuit or prosecuting attorney, with the
approval of the county commission or the appropriate governing body of
the county or the city of St. Louis, and may be used to pay for expert
witness fees, travel expenses incurred by victim/witnesses in case
preparation and trial, for expenses incurred for changes of venue, for
expenses incurred for special prosecutors, and for other lawful expenses
incurred by the circuit or prosecuting attorney in operation of that
office.

4. There is hereby established in the state treasury the "Missouri Office
of Prosecution Services Revolving Fund". Any moneys received by or on
behalf of the Missouri office of prosecution services from registration
fees, federal and state grants or any other source established in section
56.760 in connection with the purposes set forth in sections 56.750,
56.755, and 56.760 shall be deposited into the fund.

5. The moneys in the Missouri office of prosecution services revolving
fund shall be kept separate and apart from all other moneys in the state
treasury. The state treasurer shall administer the fund and shall
disburse moneys from the fund to the Missouri office of prosecution
services pursuant to appropriations for the purposes set forth in
sections 56.750, 56.755 and 56.760.

6. Any unexpended balances remaining in the Missouri office of
prosecution services fund and the Missouri office of prosecution services
revolving fund at each biennium shall be exempt from the provisions of
section 33.080, RSMo, relating to the transfer of unexpended balances to
general revenue. (L. 1981 S.B. 32 § 4, A.L. 1996 S.B. 869, A.L. 1997 S.B.
248, A.L. 1999 S.B. 275, A.L. 2001 S.B. 267)

Anything in sections 56.750 to 56.775 to the contrary
notwithstanding, the Missouri office of prosecution services may not
exercise any power, supervisory or otherwise, undertake any duty or
perform any function presently or hereafter assigned by law to the
governor of this state, the attorney general, the chief justice of the
supreme court, the Missouri general assembly, or any prosecuting
attorney, circuit attorney, or county counselor in this state. (L. 1981
S.B. 32 § 5)

The provisions of sections 56.750 to 56.775 are severable. If any
part of sections 56.750 to 56.775 is declared invalid or
unconstitutional, it is the intent of the legislature that the remaining
portions of sections 56.750 to 56.775 shall remain and be in full force
and effect. (L. 1981 S.B. 32 § 6)

There is hereby authorized a "Prosecuting Attorneys and Circuit
Attorneys' Retirement Fund" which shall be under the management of a
board of trustees described in section 56.809. The board of trustees
shall be responsible for the administration of such prosecuting attorneys
and circuit attorneys' retirement fund. If insufficient funds are
generated to provide the benefits payable pursuant to the provisions of
sections 56.800 to 56.840, the board shall proportion the benefits
according to the funds available. The prosecuting attorneys and circuit
attorneys' retirement fund shall be a body corporate and may sue and be
sued, transact business, invest funds, and hold cash, securities, and
other property. (L. 1989 S.B. 30 § 56.785, A.L. 1993 S.B. 169)

As used in sections 56.800 to 56.840, the following words and
terms mean:

(1) "Annuity", annual payments, made in equal monthly installments, to a
retired member from funds provided for, in, or authorized by, the
provisions of sections 56.800 to 56.840;

(2) "Average final compensation", the average compensation of an employee
for the two consecutive years prior to retirement when the employee's
compensation was greatest;

(3) "Board of trustees" or "board", the board of trustees established by
the provisions of sections 56.800 to 56.840;

(4) "Compensation", all salary and other compensation payable by a county
to an employee for personal services rendered as an employee, but not
including travel and mileage reimbursement;

(5) "County", the city of St. Louis and each county in the state;

(6) "Creditable service", the sum of both membership service and
creditable prior service;

(7) "Effective date of the establishment of the system", August 28, 1989;

(8) "Employee", an elected or appointed prosecuting attorney or circuit
attorney who is employed by a county or a city not within a county;

(9) "Membership service", service as a prosecuting attorney or circuit
attorney after becoming a member that is creditable in determining the
amount of the member's benefits under this system;

(10) "Prior service", service of a member rendered prior to the effective
date of the establishment of the system* which is creditable under
section 56.823;

(11) "Retirement system" or "system", the prosecuting attorneys and
circuit attorneys' retirement system authorized by the provisions of
sections 56.800 to 56.840. (L. 1989 S.B. 30 § 56.780, A.L. 1993 S.B. 169)

*See subdivision (7) for effective date.

1. Beginning August 28, 1989, and continuing monthly thereafter
until August 27, 2003, the funds for prosecuting attorneys and circuit
attorneys provided for in subsection 2 of this section shall be paid from
county or city funds.

2. Beginning August 28, 1989, and continuing monthly thereafter until
August 27, 2003, each county treasurer shall pay to the system the
following amounts to be drawn from the general revenues of the county:

(1) For counties of the third and fourth classification except as
provided in subdivision (3) of this subsection, three hundred
seventy-five dollars;

(2) For counties of the second classification, five hundred forty-one
dollars and sixty-seven cents;

(3) For counties of the first classification, counties which pursuant to
section 56.363 elect to make the position of prosecuting attorney a
full-time position after August 28, 2001, or whose county commission has
elected a full-time retirement benefit pursuant to subsection 3 of
section 56.363, and the city of St. Louis, one thousand two hundred
ninety-one dollars and sixty-seven cents.

3. Beginning August 28, 1989, and continuing until August 27, 2003, the
county treasurer shall at least monthly transmit the sums specified in
subsection 2 of this section to the Missouri office of prosecution
services for deposit to the credit of the "Missouri Prosecuting Attorneys
and Circuit Attorneys' Retirement System Fund", which is hereby created.
All moneys held by the state treasurer on behalf of the system shall be
paid to the system within ninety days after August 28, 1993. Moneys in
the Missouri prosecuting attorneys and circuit attorneys' retirement
system fund shall be used only for the purposes provided in sections
56.800 to 56.840 and for no other purpose.

4. Beginning August 28, 2003, the funds for prosecuting attorneys and
circuit attorneys provided for in this section shall be paid from county
or city funds and the surcharge established in this section and collected
as provided by this section and sections 488.010 to 488.020, RSMo.

5. Beginning August 28, 2003, each county treasurer shall pay to the
system the following amounts to be drawn from the general revenues of the
county:

(1) For counties of the third and fourth classification except as
provided in subdivision (3) of this subsection, one hundred eighty-seven
dollars;

(2) For counties of the second classification, two hundred seventy- one
dollars;

(3) For counties of the first classification, counties which pursuant to
section 56.363 elect to make the position of prosecuting attorney a
full-time position after August 28, 2001, or whose county commission has
elected a full-time retirement benefit pursuant to subsection 3 of
section 56.363, and the city of St. Louis, six hundred forty-six dollars.

6. Beginning August 28, 2003, the county treasurer shall at least monthly
transmit the sums specified in subsection 5 of this section to the
Missouri office of prosecution services for deposit to the credit of the
Missouri prosecuting attorneys and circuit attorneys' retirement system
fund. Moneys in the Missouri prosecuting attorneys and circuit attorneys'
retirement system fund shall be used only for the purposes provided in
sections 56.800 to 56.840, and for no other purpose.

7. Beginning August 28, 2003, the following surcharge for prosecuting
attorneys and circuit attorneys shall be collected and paid as follows:

(1) There shall be assessed and collected a surcharge of four dollars in
all criminal cases filed in the courts of this state including violation
of any county ordinance or any violation of criminal or traffic laws of
this state, including infractions, but no such surcharge shall be
assessed when the costs are waived or are to be paid by the state,
county, or municipality or when a criminal proceeding or the defendant
has been dismissed by the court or against any person who has pled guilty
and paid their fine pursuant to subsection 4 of section 476.385, RSMo.
For purposes of this section, the term "county ordinance" shall include
any ordinance of the city of St. Louis;

(2) The clerk responsible for collecting court costs in criminal cases
shall collect and disburse such amounts as provided by sections 488.010
to 488.026, RSMo. Such funds shall be payable to the prosecuting
attorneys and circuit attorneys' retirement fund. Moneys credited to the
prosecuting attorneys and circuit attorneys' retirement fund * shall be
used only for the purposes provided for in sections 56.800 to 56.840 and
for no other purpose.

8. The board may accept gifts, donations, grants and bequests from
private or public sources to the Missouri prosecuting attorneys and
circuit attorneys' retirement system fund.

9. No state moneys shall be used to fund section 56.700 and sections
56.800 to 56.840 unless provided for by law. (L. 1989 S.B. 30 § 56.790,
A.L. 1993 S.B. 169, A.L. 1995 H.B. 416, et al., A.L. 2001 S.B. 290, A.L.
2002 H.B. 2080, A.L. 2003 S.B. 5)

Effective 6-27-03

*Word "and" appears here in original rolls.

1. The general administration and the responsibility for the
proper operation of the fund are vested in a board of trustees of five
persons. Trustees shall be elected by a secret ballot vote of the
prosecuting attorneys and circuit attorneys of this state. Trustees shall
be chosen for terms of four years from the first day of January next
following their election except that the members of the first board shall
be appointed by the governor by and with the consent of the senate after
notification in writing, respectively, by the prosecuting attorneys and
circuit attorneys of eighty percent of the counties in the state,
including a city not within a county, that the prosecuting attorney or
circuit attorney has elected to come under the provisions of sections
56.800 to 56.840. It shall be the responsibility of the initial board to
establish procedures for the conduct of future elections of trustees and
such procedures shall be approved by a majority vote by secret ballot of
the prosecuting attorneys and circuit attorneys in this state. The board
shall have all powers and duties that are necessary and proper to enable
it, its officers, employees and agents to fully and effectively carry out
all the purposes of sections 56.800 to 56.840.

2. The board of trustees shall elect one of their number as chairman and
one of their number as vice chairman and may employ an administrator who
shall serve as executive secretary to the board. The Missouri office of
prosecution services, sections 56.750 to 56.775, may, in the discretion
of the board of trustees, act as administrative employees to carry out
all of the purposes of sections 56.800 to 56.840. In addition, the board
of trustees may appoint such other employees as may be required. The
board shall hold regular meetings at least once each quarter. Other
meetings may be called as necessary by the chairman or by any three
members of the board. Notice of such meetings shall be given in
accordance with chapter 610, RSMo.

3. The board of trustees shall appoint an actuary or firm of actuaries as
technical advisor to the board of trustees.

4. The board of trustees shall retain investment advisors to be
investment advisors to the board.

5. The board of trustees may retain legal counsel to advise the board and
represent the system in legal proceedings.

6. The board shall arrange for annual audits of the records and accounts
of the system by a certified public accountant or by a firm of certified
public accountants. The state auditor shall examine such audits at least
once every three years and report to the board of trustees and to the
governor.

7. The board of trustees shall serve without compensation for their
services as such; except that each trustee shall be paid from the
system's funds for any necessary expenses incurred in the performance of
duties authorized by the board.

8. The board of trustees shall be authorized to appropriate funds from
the system for administrative costs in the operation of the system.

9. The board of trustees shall, from time to time, after receiving the
advice of its actuary, adopt such mortality and other tables of
experience, and a rate or rates of regular interest, as shall be
necessary for the actuarial requirements of the system, and shall require
its executive secretary to keep in convenient form such data as shall be
necessary for actuarial investigations of the experience of the system,
and such data as shall be necessary for the annual actuarial valuations
of the system.

10. The board of trustees shall, after reasonable notice to all
interested parties, hear and decide questions arising from the
administration of sections 56.800 to 56.835; except that within thirty
days after a decision or order, any member, retirant, beneficiary or
political subdivision adversely affected by that determination or order
may make an appeal under the provisions of chapter 536, RSMo.

11. The board of trustees shall arrange for adequate surety bonds
covering the executive secretary and any other custodian of funds or
investments of the board. When approved by the board, such bonds shall be
deposited in the office of the Missouri secretary of state.

12. Subject to the limitations of sections 56.800 to 56.835, the board of
trustees shall formulate and adopt rules and regulations for the
government of its own proceedings and for the administration of the
retirement system.

13. The board of trustees shall be the trustees of the funds of the
system. Subject to the provisions of any applicable federal or state
laws, the board of trustees shall have full power to invest and reinvest
the moneys of the system, and to hold, purchase, sell, assign, transfer
or dispose of any of the securities and investments in which such moneys
shall have been invested, as well as the proceeds of such investments and
such moneys.

14. Notwithstanding any other provision of the law to the contrary, the
board of trustees may delegate to its duly appointed investment advisors
authority to act in place of the board of trustees in the investment and
reinvestment of all or part of the moneys of the system, and may also
delegate to such advisors the authority to act in place of the board of
trustees in the holding, purchasing, selling, assigning, transferring or
disposing of any or all of the securities and investments in which such
moneys shall have been invested, as well as the proceeds of such
investments and such moneys. Such investment counselor shall be
registered as an investment advisor with the United States Securities and
Exchange Commission. In exercising or delegating its investment powers
and authority, members of the board of trustees shall exercise ordinary
business care and prudence under the facts and circumstances prevailing
at the time of the action or decision. In so doing, the board of trustees
shall consider the long-term and short-term needs of the system in
carrying out its purposes, the system's present and anticipated financial
requirements, the expected total return on the system's investment, the
general economic conditions, income, growth, long-term net appreciation,
and probable safety of funds. No member of the board of trustees shall be
liable for any action taken or omitted with respect to the exercise of or
delegation of these powers and authority if such member shall have
discharged the duties of his or her position in good faith and with that
degree of diligence, care and skill which prudent men and women would
ordinarily exercise under similar circumstances in a like position.

15. The board shall keep a record of its proceedings which shall be open
to public inspection. It shall annually prepare a report showing the
financial condition of the system. The report shall contain, but not be
limited to, an auditor's opinion, financial statements prepared in
accordance with generally accepted accounting principles, an actuary's
certification along with actuarial assumptions and financial solvency
tests. (L. 1989 S.B. 30 § 56.795, A.L. 1993 S.B. 169)

On and after the effective date of the establishment of the
system, as an incident to his employment or continued employment, each
person employed as an elected or appointed prosecuting attorney or
circuit attorney shall become a member of the system. Such membership
shall continue as long as the person continues to be an employee, or
receives or is eligible to receive benefits under the provisions of
sections 56.800 to 56.840. (L. 1989 S.B. 30 § 56.800)

Any member who has attained the age of sixty-two years and who
has twelve years or more of creditable service as prosecuting attorney or
circuit attorney may retire with a normal annuity. (L. 1989 S.B. 30 §
56.805)

1. The normal annuity of a retired member who served as
prosecuting attorney of a county of the third or fourth class shall,
except as provided in subsection 3 of this section, be equal to:

(1) Any member who has served twelve or more years as a prosecuting
attorney and who meets the conditions of retirement at or after the
member's normal retirement age shall be entitled to a normal annuity in a
monthly amount equal to one hundred five dollars multiplied by the number
of two-year periods and partial two-year periods served as a prosecuting
attorney;

(2) Any member who has served twenty or more years as a prosecuting
attorney and who meets the conditions of retirement at or after the
member's normal retirement age shall be entitled to a normal annuity in a
monthly amount equal to one hundred thirty dollars multiplied by the
number of two-year periods and partial two-year periods as a prosecuting
attorney.

2. The normal annuity of a retired member who served as prosecuting
attorney of a first or second class county or as circuit attorney of a
city not within a county shall be equal to fifty percent of the final
average compensation.

3. The normal annuity of a retired member who served as a prosecuting
attorney of a county which after August 28, 2001, elected to make the
position of prosecuting attorney full time pursuant to section 56.363
shall be equal to fifty percent of the final average compensation.

4. The actuarial present value of a retired member's benefits shall be
placed in a reserve account designated as a "Retired Lives Reserve". The
value of the retired lives reserve shall be increased by the actuarial
present value of retiring members' benefits, and by the interest earning
of the total fund on a pro rata basis and it shall be decreased by
payments to retired members and their survivors. Each year the actuary
shall compare the actuarial present value of retired members' benefits
with the retired lives reserve. If the value of the retired lives reserve
plus one year's interest at the assumed rate of interest exceeds the
actuarial present value of retired lives, then distribution of this
excess may be made equally to all retired members, or their eligible
survivors. The distribution may be in a single sum or in monthly payments
at the discretion of the board on the advice of the actuary. (L. 1989
S.B. 30 § 56.810, A.L. 1993 S.B. 169, A.L. 2001 S.B. 290)

1. Each member who retires on or after August 28, 1989, shall
receive each year an increase in the amount of benefits received by the
member during the preceding year equal to the increase in the consumer
price index calculated in the manner hereinafter provided not to exceed
two percent in any year. The total increase in the amount of benefits
received pursuant to the provisions of this subsection shall not exceed
fifty percent of the initial benefit which the member received upon
retirement.

2. For the purposes of this section, any increase in the consumer price
index shall be determined by the board in May of each year, based upon
the consumer price index for the preceding calendar year over the
consumer price index for the calendar year immediately prior thereto. Any
increase so determined shall be applied by the board in calculating any
benefit increases that become payable under this section for the
twelve-month period beginning with the June first immediately following
such determination.

3. An annual increase shall be payable monthly beginning on a date
specified by the board. Nothing in this section shall be construed to
prohibit a member from waiving his right to receive the annual increase
provided pursuant to this section. The waiver shall be final as to the
annual increase waived. (L. 1989 S.B. 30 § 56.815, A.L. 1993 S.B. 169)

For the purpose of calculating benefits of a member, years of
service as an employee and twelfths of a year are to be used. (L. 1989
S.B. 30)

1. Any prosecuting attorney or circuit attorney who becomes a
member of the system on the effective date of the establishment of the
system* shall be given full credit for prior service as prosecuting
attorney or circuit attorney in this state and seventy-five percent
credit for prior service as an assistant prosecuting or assistant circuit
attorney in this state for such time as the individual expended sixty
percent of the individual's time or more fulfilling prosecutorial duties.

2. Notwithstanding any other provision of law, any prosecuting attorney
or circuit attorney who is serving as such on August 28, 1993, who also
served as a prosecuting attorney or circuit attorney prior to the
establishment of the system* shall be allowed creditable prior service
for the service that was performed prior to the establishment of the
system*.

3. Notwithstanding any other provision of law, any prosecuting attorney
or circuit attorney who was not a member of the system on the effective
date of the establishment of the system* but who is serving as such on
August 28, 1996, and who also served as an assistant prosecuting attorney
or as an assistant circuit attorney prior to the establishment of the
system* and who expended at least sixty percent of the time as an
assistant prosecuting attorney or as an assistant circuit attorney
fulfilling prosecutorial duties shall be allowed creditable prior service
for seventy-five percent of such service as an assistant prosecuting
attorney or as an assistant circuit attorney that was performed prior to
the establishment of the system*.

4. All such prior service shall be established to the satisfaction of the
board. (L. 1989 S.B. 30 § 56.825, A.L. 1993 S.B. 169, A.L. 1995 H.B. 416,
et al.)

*August 28, 1989, is the effective date of the establishment of the
system as defined in section 56.805.

Notwithstanding any other provision of law, any person who was a
member of the system on August 28, 1989, who had served more than eight
years as a prosecuting attorney or circuit attorney may elect to retire
at age sixty-two at a reduced retirement benefit in a sum equal to the
proportion of the retirement benefit provided in section 56.816 that the
person's period of service bears to twelve years. (L. 2000 H.B. 1808)

Effective 7-1-00

Any member may retire at any time after the end of the month
during which the member becomes eligible to retire under the provisions
of section 56.814 and upon the member's submission of a written
application to the board setting forth at what time, not less than thirty
days nor more than ninety days subsequent to the execution and filing of
the application, the member desires to be retired. The payment of the
annuity, subject to the provisions of section 56.840, shall begin as of
the first day of the calendar month coincident with or next following the
date specified by the member. (L. 1989 S.B. 30 § 56.830)

1. The normal annuity of a member shall be paid to a member
during his lifetime. Upon his death no further payments shall be made.

2. In lieu of the normal annuity otherwise payable to a member, the
member may elect in the member's application for retirement to receive
his choice of the following options:

Option 1. The actuarial equivalent of the member's normal annuity in
reduced monthly payments for life during retirement with the provision
that upon the member's death, fifty percent of the reduced normal annuity
shall be continued throughout the life of and paid to the member's
spouse; or

Option 2. Some other option approved by the board which shall be the
actuarial equivalent of the annuity to which the member is entitled under
this system.

3. The election may be made only in the application for retirement and
such application shall be filed prior to the date on which the retirement
of the member is to be effective unless otherwise provided. If, after the
reduced normal annuity begins under option 1, the spouse predeceases the
retired member, the reduced normal annuity continues to the retired
member during the member's lifetime; but, when a member dies any time
after August 28, 1989, who is eligible for retirement prior to retiring
and receiving retirement benefits, the surviving spouse of such member of
the retirement system coming under the provisions of sections 56.800 to
56.840 shall, upon application, be appointed and employed as a special
consultant by the retirement system for the remainder of the spouse's
life, and upon request shall give oral or written opinions on the
benefits of the retirement system, and shall be entitled to receive
benefits under option 1, and shall be eligible for all other benefits
that other spouses are entitled to receive. (L. 1989 S.B. 30 § 56.835)

1. A death benefit of ten thousand dollars shall be paid to the
designated beneficiary of every active member upon the member's death or
to the member's estate if there is no designated beneficiary.

2. If a member dies before retirement, after becoming eligible for
retirement, the member's surviving spouse, if such surviving spouse has
been married to the member for at least two years prior to the member's
death, shall be entitled to survivorship benefits pursuant to option 1 as
set forth in section 56.827 as if the member had retired on the date of
the member's death.

3. If a member with twelve or more years of service dies before becoming
eligible for retirement, the member's surviving spouse, if such surviving
spouse has been married to the member for at least two years prior to the
member's death, shall be entitled to survivor benefits pursuant to option
1 as set forth in section 56.827 as if the member retired on the date of
the member's death. (L. 1989 S.B. 30 § 56.840, A.L. 1997 S.B. 11)

1. Upon termination of employment, any member with twelve or more
years of creditable service shall be entitled to a deferred normal
annuity, payable at age fifty-five with twelve or more years of
creditable service. Any member with less than twelve years of creditable
service shall forfeit all rights in the fund, including the member's
accrued creditable service as of the date of the member's termination of
employment.

2. A former member who has forfeited creditable service may have the
creditable service restored by again becoming an employee and completing
four years of continuous membership service.

3. Absences for sickness or injury of less than twelve months shall be
counted as membership service. (L. 1989 S.B. 30 § 56.850)

Annuity payments to retired employees under the provisions of
sections 56.800 to 56.840 shall be available beginning January first next
succeeding the expiration of two calendar years from the effective date
of the establishment of the system to eligible retired employees, and
employees with at least twelve years of creditable service shall have
vested rights and upon reaching the required age shall be entitled to
retirement benefits. (L. 1989 S.B. 30 § 56.865)

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