Section 479.353

Title XXXII COURTS

Chapter 479

Effective - 28 Aug 2016, 3 histories, see footnote   (history) 

  479.353.  Conditions. — Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:

  (1)  The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of :

  (a)  Two hundred twenty-five dollars for minor traffic violations; and

  (b)  For municipal ordinance violations committed within a twelve-month period beginning with the first violation:  two hundred dollars for the first municipal ordinance violation, two hundred seventy-five dollars for the second municipal ordinance violation, three hundred fifty dollars for the third municipal ordinance violation, and four hundred fifty dollars for the fourth and any subsequent municipal ordinance violations;

  (2)  The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a law enforcement officer;

  (3)  A person shall not be placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless the due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule are strictly followed by the court;

  (4)  Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit.  Such standards shall reflect model rules and requirements to be developed by the supreme court; and

  (5)  No court costs shall be assessed if the defendant is found to be indigent under subdivision (4) of this section or if the case is dismissed.

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(L. 2015 S.B. 5, A.L. 2016 S.B. 572)