Missouri 2025 Regular Session

Missouri Senate Bill SB322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 322
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR CARTER.
8	8	0083S.03I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 479.353, RSMo, and to enact in lieu thereof one new section relating to failure
11	11	to appear in court for certain violations.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 479.353, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 479.353, 2
16	16	to read as follows:3
17	17	479.353. 1. Notwithstanding any provisions to the 1
18	18	contrary, the following conditions shall apply to minor 2
19	19	traffic violations and municipal ordinance violations: 3
20	20	(1) The court shall not assess a fine, if combined 4
21	21	with the amount of court costs , totaling in excess of: 5
22	22	(a) Two hundred twenty-five dollars for minor traffic 6
23	23	violations; and 7
24	24	(b) For municipal ordinance violations committed 8
25	25	within a twelve-month period beginning with the first 9
26	26	violation: two hundred dollars for the fir st municipal 10
27	27	ordinance violation, two hundred seventy -five dollars for 11
28	28	the second municipal ordinance violation, three hundred 12
29	29	fifty dollars for the third municipal ordinance violation, 13
30	30	and four hundred fifty dollars for the fourth and any 14
31	31	subsequent municipal ordinance violations; 15
32	32	(2) The court shall not sentence a person to 16
33	33	confinement, except the court may sentence a person to 17
34	34	confinement for any violation involving alcohol or 18 SB 322 2
35	35	controlled substances, violations endangering the health or 19
36	36	welfare of others, or eluding or giving false information to 20
37	37	a law enforcement officer; 21
38	38	(3) A person shall not be placed in confinement for 22
39	39	failure to pay a fine unless such nonpayment violates terms 23
40	40	of probation or unless the due process procedures mandated 24
41	41	by Missouri supreme court rule 37.65 or its successor rule 25
42	42	are strictly followed by the court; 26
43	43	(4) After a person has failed to appear at a scheduled 27
44	44	court appearance for a minor traffic violation or municipal 28
45	45	ordinance violation, the co urt may issue a capias warrant 29
46	46	unless within ten days of the missed court appearance, good 30
47	47	cause is shown for such nonappearance; 31
48	48	(5) Court costs that apply shall be assessed against 32
49	49	the defendant unless the court finds that the defendant is 33
50	50	indigent based on standards set forth in determining such by 34
51	51	the presiding judge of the circuit. Such standards shall 35
52	52	reflect model rules and requirements to be developed by the 36
53	53	supreme court; and 37
54	54	[(5)] (6) No court costs shall be assessed if the 38
55	55	defendant is found to be indigent under subdivision [(4)] 39
56	56	(5) of this section or if the case is dismissed. 40
57	57	2. If an individual has been held in custody on a 41
58	58	notice to show cause or an arrest warrant for an underlying 42
59	59	minor traffic violation, the cou rt, on its own motion or on 43
60	60	the motion of any interested party, may review the original 44
61	61	fine and sentence and waive or reduce such fine or sentence 45
62	62	if the court finds it reasonable given the circumstances of 46
63	63	the case. 47
64	64	