431.015 Citation for misdemeanor -- Failure to appear.
540 words·~2 min read·
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(a)KRS 431.005 to the contrary notwithstanding, and except as provided in
paragraphs (b), (c), (d), and
(e)of this subsection, a peace officer shall issue a
citation instead of making an arrest for a misdemeanor committed in his or her
presence, if there are reasonable grounds to believe that the person being cited
will appear to answer the charge. The citation shall provide that the defendant
shall appear within a designated time.
(b)A peace officer may make an arrest instead of issuing a citation for a
misdemeanor committed in his or her presence if the misdemeanor is:
1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010,
511.050, 511.085, 514.110, or 523.110;
2. An offense in which the defendant poses a risk of danger to himself,
herself, or another person; or
3. An offense in which the defendant refuses to follow the peace officer's
reasonable instructions.
(c)A peace officer shall make an arrest for violations of protective orders issued
pursuant to KRS 403.715 to 403.785 or an order of protection as defined in
KRS 456.010.
(d)A peace officer may make an arrest or may issue a citation for a violation of
KRS 508.030 which occurs in a hospital pursuant to KRS 431.005(1)(f).
(e)A peace officer:
1. May make an arrest for a violation of KRS 519.082 or 519.084; and
2. Shall remove a person who violates KRS 519.082 or 519.084 from a
legislative building as defined in KRS 519.080 when the removal is
requested by the:
a. Speaker of the House of Representatives;
b. Sergeant-at-Arms of the House of Representatives;
c. President of the Senate;
d. Sergeant-at-Arms of the Senate; or
e. Chair of a committee of the General Assembly.
(2)A peace officer may issue a citation instead of making an arrest for a violation
committed in his or her presence but may not make a physical arrest unless there
are reasonable grounds to believe that the defendant, if a citation is issued, will not
appear at the designated time or unless the offense charged is a violation of KRS
189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or
525.070 committed in his or her presence or a violation of KRS 189A.010, not
committed in his or her presence, for which an arrest without a warrant is permitted
under KRS 431.005(1)(e).
(3)A peace officer may issue a citation when he or she has probable cause to believe
that the person being issued the citation has committed a misdemeanor outside of
his or her presence, if there are reasonable grounds to believe that the person being
cited will appear to answer the charge. The citation shall provide that the defendant
shall appear within a designated time.
(4)If the defendant fails to appear in response to the citation, or if there are reasonable
grounds to believe that he or she will not appear, a complaint may be made before a
judge and a warrant shall issue.
(5)When a physical arrest is made and a citation is issued in relation to the same
offense the officer shall mark on the citation, in the place specified for court
appearance date, the word "ARRESTED" in lieu of the date of court appearance.