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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 556

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  *556.021.  Until December 31, 2016 — Infractions — defined, procedure — default judgment, when — effective date. — 1.  An offense defined by this code or by any other statute of this state constitutes an infraction if it is so designated or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction.

  2.  An infraction does not constitute a crime and conviction of an infraction shall not give rise to any disability or legal disadvantage based on conviction of a crime.

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

  **4.  If a defendant 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 defendant is charged, or if a defendant 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 defendant'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 defendant by first class mail.  The default judgment may be set aside for good cause if the defendant files a motion to set aside the judgment within six months of the date the notice of entry of default judgment is mailed.

  **5.  Notwithstanding subsection 4 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.

  **6.  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.

  7.  Subsections 3 to 6 of this section shall become effective January 1, 2012.

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

Effective 2-25-10

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.

**Subsections 3 to 6 effective 1-01-12.


---- end of effective   25 Feb 2010 ----

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