2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.015 Citation for misdemeanor -- Arrest for certain misdemeanors -- Failure to appear.
KY Rev Stat § 431.015 (1996 through Reg Sess) What's This?
431.015 Citation for misdemeanor -- Arrest for certain misdemeanors -- Failure to
appear.
(1)
(2)
(3)
(4)
(a)
KRS 431.005 to the contrary notwithstanding, and except as provided in
paragraphs (b) and (c) 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;
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.
A peace officer may issue a citation instead of making an arrest for a violation
committed in his 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 presence or a violation of KRS 189A.010, not committed
in his presence, for which an arrest without a warrant is permitted under KRS
431.005(1)(e).
If the defendant fails to appear in response to the citation, or if there are reasonable
grounds to believe that he will not appear, a complaint may be made before a judge
and a warrant shall issue.
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.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 46, effective June 8, 2011. -- Amended
2000 Ky. Acts ch. 512, sec. 10, effective July 14, 2000. -- Amended 1984 Ky. Acts
ch. 165, sec. 25, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 2,
effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 26, sec. 1, effective March 3,
1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 437, effective January
2, 1978. -- Created 1962 Ky. Acts ch. 234, sec. 33.
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