KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS for HB13 ENROLLEDCONFERENCE XD6KZ7-3COMMITTEE ByON RepresentativeHB13 EnglandSUBSTITUTE RFD:TO HB13 OFFERED BY REPRESENTATIVE ENGLAND 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 Page 1 KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS 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.(i) This paragraph does not apply in any municipality whothat hashad 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,act adding this item, a municipality may allow a citation in lieu of arrest for the use or possession of alcohol or a controlled substance by local law.

Page 2 KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS for HB13 c.

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

an explanation to the person Page 3 KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS for HB13 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.

(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 KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS for HB13 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 KETYAA-1 06/01/2023 CNB (L) bm 2023-2296 CCS for HB13 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