KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 200574 Introduction Date: 7/16/2020
Type: Resolution Effective Date: none
Sponsor: MAYOR LUCAS
Title: Encouraging the Municipal Court to exercise its discretion by refraining to issue arrest warrants for defendants who fail to appear in court on minor ordinance and traffic violations.

Legislation History
DateMinutesDescription
7/16/2020 Filed by the Clerk's office
7/16/2020 Referred to Special Committee for Legal Review
7/21/2020 Hold On Agenda (8/5/2020)
8/4/2020 Hold On Agenda (8/11/2020)
8/11/2020 Hold On Agenda (8/18/2020)
7/28/2020 Hold On Agenda (8/11/2020)
8/18/2020 Hold On Agenda (8/25/2020)
9/22/2020 Hold Off Agenda

View Attachments
FileTypeSizeDescription
200574 fact sheet.pdf Fact Sheet 73K fact sheet

Printer Friendly Version

RESOLUTION NO. 200574

 

Encouraging the Municipal Court to exercise its discretion by refraining to issue arrest warrants for defendants who fail to appear in court on minor ordinance and traffic violations.

 

WHEREAS, municipal convictions can lead to disadvantages in housing, education and employment; and

 

WHEREAS, municipal convictions can burden indigent individuals with additional legal financial obligations; and

 

WHEREAS, non-violent municipal code citations are issued at a higher rate for members of the minority community, making them subject to a higher failure to appear violations for the underlying non-violent charge; and

 

WHEREAS, the City of Kansas City has an interest in ensuring the fair and impartial application of justice; and

 

WHEREAS, the Municipal Court has discretion in issuing arrest warrants for failure to appear in court through Missouri Supreme Court Rule 37.44, which states “if the defendant fails to appear in response to a summons and upon a finding of probable cause that an ordinance violation has been committed, the court may issue an arrest warrant;” NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY THAT:

 

That the Mayor and Council encourage the Municipal Court to exercise its discretion by refraining to issue arrest warrants for defendants who fail to appear in court on a summons for a Code of Ordinances violation that is minor in nature when the alleged violation is not based on one of the following:

 

1)                  Causing personal injury or property damage;

 

2)                  Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

 

3)                  Operating a vehicle with a counterfeited, altered, suspended, or revoked license; or

 

4)                  Fleeing or attempting to elude a law enforcement officer.

 

__________________________________________