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Session Laws, 1985
Volume 760, Page 3057   View pdf image
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HARRY HUGHES, Governor

3057

1.  GUILTY OF A CIVIL INFRACTION; OR

2.  NOT GUILTY OF A CIVIL INFRACTION; OR

(II) BEFORE RENDERING JUDGMENT, PLACE THE
DEFENDANT ON PROBATION, IN THE SAME MANNER AND TO THE SAME EXTENT
AS IS PERMITTED BY LAW IN THE TRIAL OF A CRIMINAL CASE.

(L) (1) IF A DEFENDANT IS FOUND BY THE DISTRICT COURT TO
HAVE COMMITTED A CIVIL INFRACTION, THE DEFENDANT SHALL PAY:

(I)  THE FINE IMPOSED UNDER THIS SECTION; AND

(II)  COURT COSTS OF $5.

(2) A DEFENDANT IS NOT LIABLE FOR PAYMENT OF COSTS
UNDER THE CRIMINAL INJURIES COMPENSATION ACT.

(M) (1) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CIVIL
INFRACTION AND A FINE HAS BEEN IMPOSED BY THE COURT, THE COURT
MAY DIRECT THAT THE PAYMENT OF THE FINE BE SUSPENDED OR DEFERRED
UNDER SUCH CONDITIONS AS THE COURT MAY ESTABLISH.

(2) WHEN A DEFENDANT HAS BEEN FOUND GUILTY OF A CIVIL
INFRACTION AND WILLFULLY FAILS TO PAY THE FINE IMPOSED BY THE
COURT, THE COURT MAY TREAT THE FAILURE AS A CRIMINAL CONTEMPT OF
COURT.

(N) (1) A DEFENDANT WHO HAS BEEN FOUND GUILTY OF A CIVIL
INFRACTION HAS THE SAME RIGHTS TO FILE A MOTION FOR A NEW TRIAL
OR A MOTION FOR A REVISION OF A JUDGMENT AS ARE NOW PROVIDED BY
LAW OR RULE IN THE TRIAL OF A CRIMINAL CASE.

(2) THE DEFENDANT SHALL MAKE THE MOTIONS IN THE SAME
MANNER AS PROVIDED IN THE TRIAL OF CRIMINAL CASES, AND THE COURT,
IN RULING ON THE MOTIONS, HAS THE SAME AUTHORITY AS PROVIDED IN
THE TRIAL OF CRIMINAL CASES.

(0) IN A PROCEEDING FOR A CIVIL INFRACTION:

(1)  THE STATE'S ATTORNEY FOR A COUNTY SHALL PROSECUTE
THE CIVIL INFRACTION IN THE SAME MANNER AS A VIOLATION OF THE
CRIMINAL LAWS OF THIS STATE; AND

(2)  THE STATE'S ATTORNEY MAY ENTER A NOLLE PROSEQUI
OR PLACE THE CASE ON THE STET DOCKET IN THE SAME MANNER AS IS NOW
PRESCRIBED BY LAW OR RULE FOR VIOLATION OF THE CRIMINAL LAWS OF
THIS STATE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.

 

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Session Laws, 1985
Volume 760, Page 3057   View pdf image
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