Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4214.Notice; explanation of rights.
(a) Except as provided further, when a person is charged with an ordinance
traffic
infraction or an ordinance cigarette or tobacco infraction, the notice to
appear shall provide a place where the person may
make a written entry of appearance, waive the right to a trial and plead
guilty or no contest. The notice to appear shall provide a space in which
the law enforcement officer, except as provided in subsection (b), shall
enter the appropriate fine specified in the fine schedule established by
the municipal judge in accordance with K.S.A. 12-4305 and amendments
thereto, in the case of a traffic infraction, or a fine of $25, in the case
of an ordinance cigarette or tobacco infraction. Either the notice to appear
or a separate form
provided to the
person by the law enforcement officer shall provide an explanation: (1) Of
the
person's right to appear and right to trial and the person's right to
pay the
appropriate fine prior to the appearance date; (2) that failure
to either
pay such fine or appear at the specified time may result in issuance of a
warrant for the person's
arrest; and (3) in the case of a traffic infraction, that failure to either
pay such fine or appear at the specified time may result in the suspension of
the person's driver's license. The law enforcement officer shall provide the
person with the
telephone number and address of the municipal court to which the written
entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine shall be
mailed.
(b) In lieu of the law enforcement officer entering the appropriate fine
for an ordinance traffic infraction, the officer may direct the person
charged with an ordinance traffic infraction to contact the clerk of the
municipal court to determine the applicable fine or provide the person with
a copy of the fine
schedule established by the municipal judge in accordance with K.S.A.
12-4305 and amendments thereto.
(c) When a person is charged with an ordinance cigarette or tobacco
infraction, the judge may require the juvenile to appear in court with a parent
or legal guardian.
(d) This section shall be a part of and supplemental to the
provisions
of article 42 of chapter 12 of the Kansas Statutes Annotated and acts
amendatory thereof or supplemental thereto.
History: L. 1985, ch. 78, § 1;
L. 1996, ch. 214, § 21;
L. 1998, ch. 192, § 1; May 28.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4214.Notice; explanation of rights.
(a) Except as provided further, when a person is charged with an ordinance
traffic
infraction or an ordinance cigarette or tobacco infraction, the notice to
appear shall provide a place where the person may
make a written entry of appearance, waive the right to a trial and plead
guilty or no contest. The notice to appear shall provide a space in which
the law enforcement officer, except as provided in subsection (b), shall
enter the appropriate fine specified in the fine schedule established by
the municipal judge in accordance with K.S.A. 12-4305 and amendments
thereto, in the case of a traffic infraction, or a fine of $25, in the case
of an ordinance cigarette or tobacco infraction. Either the notice to appear
or a separate form
provided to the
person by the law enforcement officer shall provide an explanation: (1) Of
the
person's right to appear and right to trial and the person's right to
pay the
appropriate fine prior to the appearance date; (2) that failure
to either
pay such fine or appear at the specified time may result in issuance of a
warrant for the person's
arrest; and (3) in the case of a traffic infraction, that failure to either
pay such fine or appear at the specified time may result in the suspension of
the person's driver's license. The law enforcement officer shall provide the
person with the
telephone number and address of the municipal court to which the written
entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine shall be
mailed.
(b) In lieu of the law enforcement officer entering the appropriate fine
for an ordinance traffic infraction, the officer may direct the person
charged with an ordinance traffic infraction to contact the clerk of the
municipal court to determine the applicable fine or provide the person with
a copy of the fine
schedule established by the municipal judge in accordance with K.S.A.
12-4305 and amendments thereto.
(c) When a person is charged with an ordinance cigarette or tobacco
infraction, the judge may require the juvenile to appear in court with a parent
or legal guardian.
(d) This section shall be a part of and supplemental to the
provisions
of article 42 of chapter 12 of the Kansas Statutes Annotated and acts
amendatory thereof or supplemental thereto.
History: L. 1985, ch. 78, § 1;
L. 1996, ch. 214, § 21;
L. 1998, ch. 192, § 1; May 28.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4214.Notice; explanation of rights.
(a) Except as provided further, when a person is charged with an ordinance
traffic
infraction or an ordinance cigarette or tobacco infraction, the notice to
appear shall provide a place where the person may
make a written entry of appearance, waive the right to a trial and plead
guilty or no contest. The notice to appear shall provide a space in which
the law enforcement officer, except as provided in subsection (b), shall
enter the appropriate fine specified in the fine schedule established by
the municipal judge in accordance with K.S.A. 12-4305 and amendments
thereto, in the case of a traffic infraction, or a fine of $25, in the case
of an ordinance cigarette or tobacco infraction. Either the notice to appear
or a separate form
provided to the
person by the law enforcement officer shall provide an explanation: (1) Of
the
person's right to appear and right to trial and the person's right to
pay the
appropriate fine prior to the appearance date; (2) that failure
to either
pay such fine or appear at the specified time may result in issuance of a
warrant for the person's
arrest; and (3) in the case of a traffic infraction, that failure to either
pay such fine or appear at the specified time may result in the suspension of
the person's driver's license. The law enforcement officer shall provide the
person with the
telephone number and address of the municipal court to which the written
entry of appearance,
waiver of trial, plea of guilty or no contest and payment of fine shall be
mailed.
(b) In lieu of the law enforcement officer entering the appropriate fine
for an ordinance traffic infraction, the officer may direct the person
charged with an ordinance traffic infraction to contact the clerk of the
municipal court to determine the applicable fine or provide the person with
a copy of the fine
schedule established by the municipal judge in accordance with K.S.A.
12-4305 and amendments thereto.
(c) When a person is charged with an ordinance cigarette or tobacco
infraction, the judge may require the juvenile to appear in court with a parent
or legal guardian.
(d) This section shall be a part of and supplemental to the
provisions
of article 42 of chapter 12 of the Kansas Statutes Annotated and acts
amendatory thereof or supplemental thereto.
History: L. 1985, ch. 78, § 1;
L. 1996, ch. 214, § 21;
L. 1998, ch. 192, § 1; May 28.