KRS 431.015: Citation for misdemeanor -- Failure to appear.

(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in

paragraphs (b), (c), (d), and (e) 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 403.785 or an order of protec tion 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).

(e) A peace officer:

1. May make an arrest for a violation of KRS 519.082 or 519.084; and

2. Shall remove a person who violates KRS 519.082 or 519.084 from a

legislative building as defined in KRS 519.080 when the removal is

requested by the:

a. Speaker of the House of Representatives;

b. Sergeant-at-Arms of the House of Representatives;

c. President of the Senate;

d. Sergeant-at-Arms of the Senate; or

e. Chair of a committee of the General Assembly.

(2) A peace officer may issue a citation instead of making an arrest for a violat ion

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 bein g

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.