Failure to Appear

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  1. It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:
    1. Has been lawfully issued a criminal summons pursuant to § 40-6-215;
    2. Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215;
    3. Has been lawfully issued a citation in lieu of arrest under § 40-7-118;
    4. Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
    5. Knowingly goes into hiding to avoid prosecution or court appearance.
  2. It is a defense to prosecution under this section that:
    1. The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or
    2. The person had a reasonable excuse for failure to appear at the specified time and place.
  3. Nothing in this section shall apply to witnesses.
  4. Failure to appear is a Class A misdemeanor.
  5. Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.
  6. [Deleted by 2019 amendment.]


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