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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 556

previous next Effective - 01 Jan 2017, 2 histories, see footnotebottom

  556.021.  Infractions — procedure — default judgment, when — effective date. — 1.  An infraction does not constitute a criminal offense and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

  2.  Except as otherwise provided by law, the procedure for infractions shall be the same as for a misdemeanor.

  3.  If a person fails to appear in court either solely for an infraction or for an infraction which is committed in the same course of conduct as a criminal offense for which the person is charged, or if a person fails to respond to notice of an infraction from the central violations bureau established in section 476.385, the court may issue a default judgment for court costs and fines for the infraction which shall be enforced in the same manner as other default judgments, including enforcement under sections 488.5028 and 488.5030, unless the court determines that good cause or excusable neglect exists for the person's failure to appear for the infraction.  The notice of entry of default judgment and the amount of fines and costs imposed shall be sent to the person by first class mail.  The default judgment may be set aside for good cause if the person files a motion to set aside the judgment within six months of the date the notice of entry of default judgment is mailed.

  4.  Notwithstanding subsection 3 of this section or any provisions of law to the contrary, a court may issue a warrant for failure to appear for any violation which is classified as an infraction.

  5.  Judgment against the defendant for an infraction shall be in the amount of the fine authorized by law and the court costs for the offense.

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(L. 1977 S.B. 60, A.L. 2009 H.B. 683, A.L. 2010 H.B. 1540, A.L. 2014 S.B. 491)

Effective 1-01-17


---- end of effective   01 Jan 2017 ----

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556.021 1/1/2017
556.021 2/25/2010 1/1/2017

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