HCS HB 1540 -- INFRACTIONS

This bill increases the penalty for certain motor vehicle
violations from an infraction to a class C misdemeanor or from a
class C misdemeanor to a class B misdemeanor when a violation
causes an immediate threat of an accident.  Any person operating
a commercial vehicle in violation of Section 307.400, RSMo, will
be guilty of a class B misdemeanor instead of an infraction.

Beginning January 1, 2012, the bill requires the judicial
procedure for an infraction to be the same as for a misdemeanor.
If a defendant fails to appear in court solely for an infraction
or for an infraction committed in the same course of conduct as a
criminal offense or fails to respond to a notice of an infraction
from the Central Violations Bureau, the court may issue a default
judgment for court costs and fines for the infraction unless the
court determines that good cause or excusable neglect exists for
the defendant's failure to appear.  A court may issue a warrant
for failure to appear for any violation which is classified as an
infraction.

The bill repeals and re-enacts provisions requiring a person to
obey any signal or direction given by a law enforcement officer
while traveling on a road when the officer is enforcing an
infraction.  A person who refuses to obey any signal or direction
or who willfully resists a law enforcement officer who is in the
course of enforcing an infraction will be guilty of a class A
misdemeanor.

The bill contains an emergency clause for the provisions
regarding judicial procedures for infractions and obeying any
signal or direction of a law enforcement officer while traveling
on a road.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm