2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.452 Prepayment of fines subject to certain conditions.
KY Rev Stat § 431.452 (1996 through Reg Sess) What's This?
431.452 Prepayment of fines subject to certain conditions.
(1)
(2)
(3)
(4)
(5)
An offense which is designated as subject to prepayment by specific statutory
designation may be prepaid by the violator subject to the terms and conditions of
the statute involved.
When an offense that is not designated as subject to prepayment by specific
statutory designation is cited on the same citation with another offense that is
subject to prepayment, the officer shall cite the violator to court for all cited
offenses. However, if the offense for which prepayment is not allowed is dismissed
by the judge prior to the court date listed on the citation, the offense subject to
prepayment by specific statutory designation may be prepaid by the violator, and the
violator shall not be required to appear in court.
An offense which is designated as subject to prepayment is subject to the following
conditions:
(a) Designation as subject to prepayment does not preclude a physical arrest by a
peace officer for that offense;
(b) Designation as subject to prepayment shall preclude a requirement that the
defendant make a court appearance on a uniform citation;
(c) Except as provided for in KRS 189.990(26), for any offense designated as
subject to prepayment, the defendant may elect to pay the minimum fine for
the offense plus court costs to the circuit clerk before the date of his trial or be
tried in the normal manner, unless the citation is marked for mandatory court
appearance pursuant to KRS 431.015 or subsection (2) of this section, except
that the fine for violations of KRS 189.221, 189.222, 189.226, 189.270, or
189.271 shall be in accordance with KRS 189.990(2)(a) and the defendant
shall not be allowed to pay the minimum fine as otherwise allowed by this
paragraph; and
(d) Prepayment of the fine and costs shown on the citation or accompanying
schedule shall be considered as a plea of guilty for all purposes.
When a peace officer issues a uniform citation and no physical arrest is made he or
she shall, where the citation is designated as subject to prepayment, mark the
citation as "PAYABLE", except as provided in KRS 431.015 or subsection (2) of
this section.
The Administrative Office of the Courts, after consultation with the Department of
Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the
Department of Fish and Wildlife Resources, and a representative of law
enforcement shall develop a prepayable fine and cost schedule and a uniform
statewide instruction sheet for the Commonwealth.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 108, sec. 4, effective July 15, 2008. -- Amended
2007 Ky. Acts ch. 85, sec. 313, effective June 26, 2007. -- Amended 2006 Ky. Acts
ch. 180, sec. 11, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 512, sec. 11,
effective July 14, 2000. -- Created 1978 Ky. Acts ch. 26, sec. 5, effective March 3,
1978.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 95, relating to
the creation and organization of the Commerce Cabinet, instructs the Reviser of
Statutes to correct statutory references to agencies and officers whose names have
been changed in that Act. Such a correction has been made in this section.
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