Amendment vs bill Amendment G81ZC2-1 vs Enrolled

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HB13 ENROLLED XD6KZ7-3 By Representative England RFD:
G81ZC2-1 11/04/2022 CNB (L) CNB 2022-5027 House Judiciary Engrossed Substitute for HB13 2 4 6 A BILL TO BE ENTITLED AN ACT Relating to municipalities;
Conference Committee on HB13 First Read:
07-Mar-23 2023 Regular Session Page 0 HB13 Enrolled Enrolled, An Act, 3 Relating to municipalities;
A county law enforcement officer who issues a summons and complaint in lieu of placing a person an individual under custodial arrest shall in all respects be acting as an agent of the governing body of the municipality.
A county law enforcement officer who issues a summons and complaint in lieu of placing Page 1 House Judiciary Engrossed Substitute for HB13 a person an individual under custodial arrest shall in all respects be acting as an agent of the governing body 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:
(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.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.
b.
(ii) The individual is charged with the use or possession of a controlled substance.
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.
2.(i) This paragraph does 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.
The person individual is charged with identity Page 2 HB13 Enrolled theft, as provided under Section 13A-8-192.
The person individual is charged with identity theft, as provided under Section 13A-8-192.
h.
Page 2 House Judiciary Engrossed Substitute for HB13 h.
(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.
(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 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 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.
The officer shall release the person individual from Page 3 House Judiciary Engrossed Substitute for HB13 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.
(d) If any person individual refuses to give a written recognizance to appear by placing his or her signature on the 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.
(e) Before implementation of the summons and complaint procedure under subsection (a), the governing body of the municipality shall adopt a schedule of fines for first, second, and subsequent offenders of the alleged violation of offenses subject to the summons and complaint procedure.
(e) Before implementation of the summons and complaint 95 procedure under subsection (a), the governing body of the municipality shall adopt a schedule of fines for first, second, and subsequent offenders of the alleged violation of offenses subject to the summons and complaint procedure.
(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.
(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 court magistrate, within the time specified in the summons and complaint, and upon entering a plea of guilty, pay the fine and court costs.
A plea of guilty shall only be accepted by the magistrate after the defendant has executed a notice and waiver of rights form.
A plea of guilty shall only be accepted by the magistrate after the defendant has executed a notice and Page 4 House Judiciary Engrossed Substitute for HB13 waiver of rights form.
(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;
(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 otherwise provided by law;
(j) This section only applies to municipalities that do not employ a full-time municipal judge.
(j) This section only applies to municipalities that do Page 5 House Judiciary Engrossed Substitute for HB13 not employ a full-time municipal judge.
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.
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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