HB 13 — Relating to municipalities; to amend Section 11-45-9.1, Code of Alabama 1975, to provide that all municipalities may authorize a law enforcement officer to issue a summons and complaint in lieu of a custodial arrest for certain criminal offenses.

HB13 INTRODUCEDENROLLED XD6KZ7-1XD6KZ7-3 By Representative England RFD:

JudiciaryConference Committee on HB13 First Read:

07-Mar-23 PFD:2023 Regular Session Page 0 HB13 Enrolled Enrolled, An Act, 3 Relating to municipalities;

08-Feb-23 Page 0 XD6KZ7-1 01/19/2023 CNB (L) tgw 2022-5027 2 4 SYNOPSIS:

Under existing law, municipalities may authorize a law enforcement officer to issue a summons and complaint in lieu of a custodial arrest for certain criminal offenses if that municipality does not employ a full-time municipal judge.

This bill would provide that any municipality may authorize a law enforcement officer to issue a summons and complaint in lieu of a custodial arrest for certain criminal offenses.

A BILL TO BE ENTITLED AN ACT Relating to municipalities;

"§11-45-9.1 Page 1 HB13 INTRODUCED (a)(1) Except as provided in subdivision (2), the governing body of any municipality, by ordinance, may authorize any law enforcement officer of a municipality or any law enforcement officer of the state, in lieu of placing persons an individual under custodial arrest, to issue a summons and complaint to any person individual charged with violating any municipal ordinance or any misdemeanor or violation within the corporate limits or the police jurisdiction of the municipality.

Page 1 HB13 Enrolled (2) An ordinance adopted pursuant to subdivision (1) may not authorize a law enforcement officer to issue a summons and complaint in lieu of arrest under any of the following circumstances:

b.b.1.(i) The person individual is charged with the use or possession of alcohol or a controlled substance and, in the opinion of the law enforcement officer, is a risk to public safety.

(ii) The person individual is charged with the use or possession of alcohol or a controlled substancesubstance. and, in the opinion of the law enforcement officer, is a risk to public safety.

Page2.(i) 2This HB13paragraph INTRODUCEDdoes c.not apply in any municipality who has an ordinance that was in effect on May 1, 2022, that allowed a citation in lieu of arrest for the use or possession of alcohol or a controlled substance.

(ii) On or after the effective date of this act, a municipality may allow a citation in lieu of arrest for the use or possession of alcohol or a controlled substance by local law.

c.

The person individual is charged with identity Page 2 HB13 Enrolled theft, as provided under Section 13A-8-192.

k.k.j.

an explanation to the person Page 3 HB13 INTRODUCED individual cited of the ways in which he or she may settle his or her case;

(c) Whenever any person individual is arrested for a violation of an offense subject to the summons and complaint procedure of subdivision (a)(1) of subsection (a), the Page 3 HB13 Enrolled arresting officer shall take the name and address of the person individual and any other identifying information and issue a summons and complaint to the person individual charged.

The officer shall release the person individual from 95 custody upon his or her written promise to appear in court at the designated time and place as evidenced by his or her signature on the summons and complaint, without any condition relating to the deposit of security.

(d) If any person individual refuses to give a written recognizance to appear by placing his or her signature on the 95 summons and complaint, the officer shall take that person individual into custody and bring him or her before any officer or official who is authorized to approve bond.

shall apply to each summons and complaint Page 4 HB13 INTRODUCED issued under this section, and the filing fee shall be distributed as provided by Section 12-19-311.

(f)(1) When a person an individual is charged with an offense subject to the summons and complaint procedure, he or she may elect to appear before the municipal court magistrate, or where the municipal court has been abolished, the district Page 4 HB13 Enrolled court magistrate, within the time specified in the summons and complaint, and upon entering a plea of guilty, pay the fine and court costs.

In addition, any person individual who willfully violates his or her written promise or bond to appear, given in accordance with this section, shall be guilty of the separate offense of failing to appear, a misdemeanor, regardless of the Page 5 HB13 INTRODUCED disposition of the charge upon which he or she was originally arrested.

(i) All fines and forfeitures collected upon a conviction or upon the forfeiture of bail of any person individual charged with a violation of the ordinances shall be remitted to the general fund of the municipality or as Page 5 HB13 Enrolled otherwise provided by law;

Page 6 HB13 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-Apr-23, as amended.

John Treadwell Clerk Senate 11-May-23 Amended and Passed House 01-Jun-23 Passed, as amended by Conference Committee Senate 01-Jun-23 Passed, as amended by Conference Committee Page 7