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Section A. Section 479.353, RSMo, is repealed and one new 1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