HCS/HB 1540 - This act modifies provisions relating to infractions. This act makes various motor vehicle violations misdemeanor offenses of varying degrees, rather than infractions.
An infraction shall not constitute a crime and shall not give rise to any disability or legal disadvantage based upon conviction. The judicial procedure followed for infractions shall be the same as that followed for misdemeanors.
Under this act, if a defendant fails to appear in court for an infraction or fails to respond to notice of an infraction from the Central Violations Bureau, the court may issue a default judgment for court costs and fines unless the court finds good cause or excusable neglect for the failure to appear. The default judgment, along with the amount of fines and costs imposed, shall be sent to the defendant by first class mail. The default judgment may be set aside for good cause if the defendant files a motion to have the judgement set aside within 30 days of the mailing. The judgement against the defendant shall include a fine and court costs authorized by law. Under any circumstance, a court may issue a warrant for failure to appear for any infraction violation.
Sections 556.021 and 556.022 shall become effective on January 1, 2012, and contain an emergency clause for certain provisions.
This act is identical to SCS/SB 738 (2010).
SUSAN HENDERSON MOORE