HB13ENROLLED
Page 0
XD6KZ7-3
By Representative England
RFD: Conference Committee on HB13
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-45-9.1, Code of Alabama 1975, is
amended to read as follows:
"ยง11-45-9.1
(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. 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. The governing body of the municipality shall be
liable for all actions and inactions of the officer, who shall
not be considered to be acting on behalf of the county
commission, the sheriff of the county, or the county.
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(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:
a. The person individual is charged with committing a
crime involving violence, threat of violence, or domestic
violence, as defined under Article 7 (commencing with Section
13A-6-130) of Chapter 6, Title 13A.
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 individual is charged with the use or
possession of a controlled substance.
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.
c. A victim of the crime is a minor.
d. The person individual is charged with a violation of
Section 32-5A-191.
e. The person individual is charged with a crime that
would require restitution to the victim.
f. The person individual is charged with identity
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theft, as provided under Section 13A-8-192.
g. The person individual is charged with the crime of
theft of property in the fourth degree, as defined under
Section 13A-8-5.
h. The person individual is charged with fleeing or
attempting to elude a law enforcement officer under Section
13A-10-52.
i. The person individual is charged with a crime
involving cruelty to or abuse of an animal, including a
violation of Section 13A-11-241.
j. The person individual is charged with a violation of
carrying a pistol without a permit, as provided under Section
13A-11-73.
k.j. The person individual is charged with a crime that
is sexual in nature.
(b) The summons and complaint shall be on a form
approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a
description of the offense, including the municipal ordinance
number; the date and time of the offense; the place of the
offense; signature of the officer issuing the citation; the
scheduled court date and time; an explanation to the person
individual cited of the ways in which he or she may settle his
or her case; and a signature block for the magistrate to sign
upon the officer's oath and affirmation given prior to trial.
(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
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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.
(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. The
schedule of fines shall be posted in a place conspicuous to
the public within the court clerk's office and the police
department. The filing fee provided in Section
12-19-311(a)(1)a. shall apply to each summons and complaint
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
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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.
(2) In the alternative, the defendant shall have the
option of depositing the required bail, and upon a plea of not
guilty, shall be entitled to a trial as authorized by law.
(g) The court clerk or magistrate shall receive and
issue receipts for cash bail from persons individuals who wish
to be heard in court; enter the time of their appearance on
the court docket; and notify the arresting officer and
witnesses, if any, to be present.
(h) If the defendant fails to appear as specified in
the summons and complaint, the judge or magistrate having
jurisdiction of the offense may issue a warrant for his or her
arrest commanding that he or she be brought before the court
to answer the charge contained on the summons and complaint.
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
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
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otherwise provided by law; provided, however, fines,
forfeitures, and court costs assessed and collected in
district court shall be distributed as now provided by law.
(j) This section only applies to municipalities that do
not employ a full-time municipal judge. Notwithstanding the
foregoing, a municipality that employs a full-time municipal
judge, by local law enacted by the Legislature, may elect to
apply this section. "
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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________________________________________________
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
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