.015   Citation for misdemeanor -- Failure to appear.

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431.015 Citation for misdemeanor -- Failure to appear.
(1)
A peace officer may issue a citation instead of making an arrest for a misdemeanor
committed in his 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.
(2)
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).
(3)
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.
(4)
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: July 14, 2000
History: 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.