Kentucky Statutes 431.452 – Prepayment of fines subject to certain conditions
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(1) An offense which is designated as subject to prepayment by specific statutory designation may be prepaid by the violator subject to the terms and conditions of the statute involved.
(2) When an offense that is not designated as subject to prepayment by specific statutory designation is cited on the same citation with another offense that is subject to prepayment, the officer shall cite the violator to court for all cited offenses. However, if the offense for which prepayment is not allowed is dismissed by the judge prior to the court date listed on the citation, the offense subject to prepayment by specific statutory designation may be prepaid by the violator, and the violator shall not be required to appear in court.
(3) An offense which is designated as subject to prepayment is subject to the following conditions:
(a) Designation as subject to prepayment does not preclude a physical arrest by a peace officer for that offense;
(b) Designation as subject to prepayment shall preclude a requirement that the defendant make a court appearance on a uniform citation;
(c) Except as provided for in KRS § 189.990(26), for any offense designated as subject to prepayment, the defendant may elect to pay the minimum fine for the offense plus court costs to the circuit clerk before the date of his trial or be tried in the normal manner, unless the citation is marked for mandatory court appearance pursuant to KRS § 431.015 or subsection (2) of this section, except that the fine for violations of KRS § 189.221, 189.222, 189.226, 189.270, or
189.271 shall be in accordance with KRS § 189.990(2)(a) and the defendant shall not be allowed to pay the minimum fine as otherwise allowed by this paragraph; and
(d) Prepayment of the fine and costs shown on the citation or accompanying schedule shall be considered as a plea of guilty for all purposes.
(4) When a peace officer issues a uniform citation and no physical arrest is made he or she shall, where the citation is designated as subject to prepayment, mark the citation as “PAYABLE”, except as provided in KRS § 431.015 or subsection (2) of this section.
(5) The Administrative Office of the Courts, after consultation with the Department of Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the Department of Fish and Wildlife Resources, and a representative of law enforcement shall develop a prepayable fine and cost schedule and a uniform statewide instruction sheet for the Commonwealth.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 108, sec. 4, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 85, sec. 313, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 180, sec. 11, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 512, sec. 11, effective July 14, 2000. — Created 1978 Ky. Acts ch. 26, sec. 5, effective March 3,
1978.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 95, relating to
the creation and organization of the Commerce Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.
(2) When an offense that is not designated as subject to prepayment by specific statutory designation is cited on the same citation with another offense that is subject to prepayment, the officer shall cite the violator to court for all cited offenses. However, if the offense for which prepayment is not allowed is dismissed by the judge prior to the court date listed on the citation, the offense subject to prepayment by specific statutory designation may be prepaid by the violator, and the violator shall not be required to appear in court.
Terms Used In Kentucky Statutes 431.452
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) An offense which is designated as subject to prepayment is subject to the following conditions:
(a) Designation as subject to prepayment does not preclude a physical arrest by a peace officer for that offense;
(b) Designation as subject to prepayment shall preclude a requirement that the defendant make a court appearance on a uniform citation;
(c) Except as provided for in KRS § 189.990(26), for any offense designated as subject to prepayment, the defendant may elect to pay the minimum fine for the offense plus court costs to the circuit clerk before the date of his trial or be tried in the normal manner, unless the citation is marked for mandatory court appearance pursuant to KRS § 431.015 or subsection (2) of this section, except that the fine for violations of KRS § 189.221, 189.222, 189.226, 189.270, or
189.271 shall be in accordance with KRS § 189.990(2)(a) and the defendant shall not be allowed to pay the minimum fine as otherwise allowed by this paragraph; and
(d) Prepayment of the fine and costs shown on the citation or accompanying schedule shall be considered as a plea of guilty for all purposes.
(4) When a peace officer issues a uniform citation and no physical arrest is made he or she shall, where the citation is designated as subject to prepayment, mark the citation as “PAYABLE”, except as provided in KRS § 431.015 or subsection (2) of this section.
(5) The Administrative Office of the Courts, after consultation with the Department of Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the Department of Fish and Wildlife Resources, and a representative of law enforcement shall develop a prepayable fine and cost schedule and a uniform statewide instruction sheet for the Commonwealth.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 108, sec. 4, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 85, sec. 313, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 180, sec. 11, effective July 12, 2006. — Amended 2000 Ky. Acts ch. 512, sec. 11, effective July 14, 2000. — Created 1978 Ky. Acts ch. 26, sec. 5, effective March 3,
1978.
Legislative Research Commission Note (7/12/2006). 2005 Ky. Acts ch. 95, relating to
the creation and organization of the Commerce Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.