Kentucky Statutes 431.015 – Citation for misdemeanor — Failure to appear
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(1) (a) KRS § 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), and (d) 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.
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is:
1. A violation of KRS Chapter 508, 510, or 527, or KRS § 189A.010,
511.050, 511.085, 514.110, or 523.110;
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or
3. An offense in which the defendant refuses to follow the peace officer’s reasonable instructions.
(c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS § 403.715 to KRS § 403.785 or an order of protection as defined in KRS § 456.010.
(d) A peace officer may make an arrest or may issue a citation for a violation of
KRS § 508.030 which occurs in a hospital pursuant to KRS § 431.005(1)(f).
(2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS
189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or
525.070 committed in his or her presence or a violation of KRS § 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS § 431.005(1)(e).
(3) A peace officer may issue a citation when he or she has probable cause to believe that the person being issued the citation has committed a misdemeanor outside of 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.
(4) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue.
(5) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “ARRESTED” in lieu of the date of court appearance.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 189, sec. 2, effective July 14, 2018. — Amended
2017 Ky. Acts ch. 23, sec. 2, effective June 29, 2017. — Amended 2016 Ky. Acts ch.
98, sec. 1, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 102, sec. 43,
effective January 1, 2016. — Amended 2012 Ky. Acts ch. 128, sec. 2, effective July
12, 2012. — Amended 2011 Ky. Acts ch. 2, sec. 46, effective June 8, 2011. — Amended 2000 Ky. Acts ch. 512, sec. 10, effective July 14, 2000. — Amended 1984
Ky. Acts ch. 165, sec. 25, effective July 13, 1984. — Amended 1980 Ky. Acts ch.
309, sec. 2, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 26, sec. 1, effective March 3, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec.
437, effective January 2, 1978. — Created 1962 Ky. Acts ch. 234, sec. 33.
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is:
Terms Used In Kentucky Statutes 431.015
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
1. A violation of KRS Chapter 508, 510, or 527, or KRS § 189A.010,
511.050, 511.085, 514.110, or 523.110;
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or
3. An offense in which the defendant refuses to follow the peace officer’s reasonable instructions.
(c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS § 403.715 to KRS § 403.785 or an order of protection as defined in KRS § 456.010.
(d) A peace officer may make an arrest or may issue a citation for a violation of
KRS § 508.030 which occurs in a hospital pursuant to KRS § 431.005(1)(f).
(2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS
189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or
525.070 committed in his or her presence or a violation of KRS § 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS § 431.005(1)(e).
(3) A peace officer may issue a citation when he or she has probable cause to believe that the person being issued the citation has committed a misdemeanor outside of 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.
(4) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue.
(5) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “ARRESTED” in lieu of the date of court appearance.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 189, sec. 2, effective July 14, 2018. — Amended
2017 Ky. Acts ch. 23, sec. 2, effective June 29, 2017. — Amended 2016 Ky. Acts ch.
98, sec. 1, effective July 15, 2016. — Amended 2015 Ky. Acts ch. 102, sec. 43,
effective January 1, 2016. — Amended 2012 Ky. Acts ch. 128, sec. 2, effective July
12, 2012. — Amended 2011 Ky. Acts ch. 2, sec. 46, effective June 8, 2011. — Amended 2000 Ky. Acts ch. 512, sec. 10, effective July 14, 2000. — Amended 1984
Ky. Acts ch. 165, sec. 25, effective July 13, 1984. — Amended 1980 Ky. Acts ch.
309, sec. 2, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 26, sec. 1, effective March 3, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec.
437, effective January 2, 1978. — Created 1962 Ky. Acts ch. 234, sec. 33.