Section 479.353

Title XXXII COURTS

Chapter 479

Effective - 28 Aug 2019, 3 histories   

  479.353.  Conditions — review of original fine and sentence, when. — 1.  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.

  2.  If an individual has been held in custody on a notice to show cause or an arrest warrant for an underlying minor traffic violation, the court, on its own motion or on the motion of any interested party, may review the original fine and sentence and waive or reduce such fine or sentence if the court finds it reasonable given the circumstances of the case.

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(L. 2015 S.B. 5, A.L. 2016 S.B. 572, A.L. 2019 H.B. 192)