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House Bill 463
During
the 2011 regular session of the Kentucky General Assembly, House Bill 463
amended KRS 431.015 (1) to state:
431.015 Citation for
misdemeanor - Arrest for certain misdemeanors - Failure to appear.
(1) (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.
We, the undersigned, respectfully ask that this change to the Kentucky Revised
Statutes be rescinded and that KRS 431.015 return to the following language:
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.
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