- (1) Unless a person who has been cited for a civil infraction pays the fine and surcharges pursuant to sections 24-4.1-119 (1)(g), 24-4.2-104 (1), and 24-33.5-415.6, the person shall appear at a hearing on the date and time specified in the summons and complaint and answer the complaint. This requirement to appear may be complied with by appearance of counsel.
- (2) If a minor under eighteen years of age is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall inform the minor's parent or legal guardian, and the parent or legal guardian shall also appear at the hearing.
- (3) If the person answers that the person is guilty or if the person fails to appear for the hearing, the magistrate shall enter judgment against the person.
- (4) If the person denies the allegations in the complaint, a final hearing on the complaint must be held subject to the provisions regarding a speedy trial in section 18-1-405. If the person is found guilty or liable at the final hearing or if the person fails to appear for a final hearing, the magistrate shall enter judgment against the person.
(5)
(a)
- (I) If judgment is entered against a person, the magistrate shall assess the appropriate fine and surcharges, a docket fee of sixteen dollars, and other applicable costs authorized by section 13-16-122 (1).
- (II) All docket fees collected pursuant to subsection (5)(a)(I) of this section must be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6).
- (b) A magistrate shall not issue a bench warrant for the arrest of any person who fails to appear for a hearing pursuant to subsection (1), (2), or (3) of this section or for a final hearing pursuant to subsection (4) of this section.
Source: L. 2022: Entire article R&RE, (HB 22-1229), ch. 68, p. 338, § 1, effective March 1.