| 14 | | - | Enrolled, An Act, |
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| 14 | + | SYNOPSIS: |
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| 15 | + | Under existing law, municipalities may authorize |
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| 16 | + | a law enforcement officer to issue a summons and |
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| 17 | + | complaint in lieu of a custodial arrest for certain |
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| 18 | + | criminal offenses if that municipality does not employ |
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| 19 | + | a full-time municipal judge. |
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| 20 | + | This bill would provide that any municipality |
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| 21 | + | may authorize a law enforcement officer to issue a |
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| 22 | + | summons and complaint in lieu of a custodial arrest for |
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| 23 | + | certain criminal offenses. |
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| 24 | + | A BILL |
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| 25 | + | TO BE ENTITLED |
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| 26 | + | AN ACT |
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| 15 | 27 | | Relating to municipalities; to amend Section 11-45-9.1, |
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| 16 | 28 | | Code of Alabama 1975, to provide that all municipalities may |
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| 17 | 29 | | authorize a law enforcement officer to issue a summons and |
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| 18 | 30 | | complaint in lieu of a custodial arrest for certain criminal |
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| 19 | 31 | | offenses. |
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| 20 | 32 | | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 21 | 33 | | Section 1. Section 11-45-9.1, Code of Alabama 1975, is |
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| 22 | 34 | | amended to read as follows: |
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| 23 | 35 | | "ยง11-45-9.1 |
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| 24 | | - | (a)(1) Except as provided in subdivision (2), the |
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| 25 | | - | governing body of any municipality, by ordinance, may |
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| 26 | | - | authorize any law enforcement officer of a municipality or any |
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| 27 | | - | law enforcement officer of the state, in lieu of placing |
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| 28 | | - | persons an individual under custodial arrest, to issue a |
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| 29 | | - | summons and complaint to any person individual charged with |
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| 30 | | - | violating any municipal ordinance or any misdemeanor or |
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| 31 | | - | violation within the corporate limits or the police |
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| 32 | | - | jurisdiction of the municipality. A county law enforcement |
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| 33 | | - | officer who issues a summons and complaint in lieu of placing |
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| 34 | | - | a person an individual under custodial arrest shall in all |
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| 35 | | - | respects be acting as an agent of the governing body of the |
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| 36 | | - | municipality. The governing body of the municipality shall be |
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| 37 | | - | liable for all actions and inactions of the officer, who shall |
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| 38 | | - | not be considered to be acting on behalf of the county |
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| 39 | | - | commission, the sheriff of the county, or the county. |
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| 65 | + | (a)(1) Except as provided in subdivision (2), the |
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| 66 | + | governing body of any municipality, by ordinance, may |
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| 67 | + | authorize any law enforcement officer of a municipality or any |
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| 68 | + | law enforcement officer of the state, in lieu of placing |
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| 69 | + | persons an individual under custodial arrest, to issue a |
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| 70 | + | summons and complaint to any person individual charged with |
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| 71 | + | violating any municipal ordinance or any misdemeanor or |
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| 72 | + | violation within the corporate limits or the police |
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| 73 | + | jurisdiction of the municipality. A county law enforcement |
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| 74 | + | officer who issues a summons and complaint in lieu of placing |
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| 75 | + | a person an individual under custodial arrest shall in all |
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| 76 | + | respects be acting as an agent of the governing body of the |
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| 77 | + | municipality. The governing body of the municipality shall be |
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| 78 | + | liable for all actions and inactions of the officer, who shall |
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| 79 | + | not be considered to be acting on behalf of the county |
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| 80 | + | commission, the sheriff of the county, or the county. |
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| 69 | 81 | | (2) An ordinance adopted pursuant to subdivision (1) |
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| 70 | 82 | | may not authorize a law enforcement officer to issue a summons |
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| 71 | 83 | | and complaint in lieu of arrest under any of the following |
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| 72 | 84 | | circumstances: |
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| 73 | 85 | | a. The person individual is charged with committing a |
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| 74 | 86 | | crime involving violence, threat of violence, or domestic |
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| 75 | 87 | | violence, as defined under Article 7 (commencing with Section |
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| 76 | 88 | | 13A-6-130) of Chapter 6, Title 13A. |
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| 81 | | - | (ii) The individual is charged with the use or |
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| 82 | | - | possession of a controlled substance. |
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| 83 | | - | 2.(i) This paragraph does not apply in any municipality |
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| 84 | | - | who has an ordinance that was in effect on May 1, 2022, that |
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| 85 | | - | allowed a citation in lieu of arrest for the use or possession |
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| 86 | | - | of alcohol or a controlled substance. |
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| 87 | | - | (ii) On or after the effective date of this act, a |
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| 88 | | - | municipality may allow a citation in lieu of arrest for the |
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| 89 | | - | use or possession of alcohol or a controlled substance by |
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| 90 | | - | local law. |
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| 91 | | - | c. A victim of the crime is a minor. |
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| 92 | | - | d. The person individual is charged with a violation of |
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| 93 | | - | Section 32-5A-191. |
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| 94 | | - | e. The person individual is charged with a crime that |
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| 95 | | - | would require restitution to the victim. |
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| 96 | | - | f. The person individual is charged with identity |
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| 126 | 128 | | theft, as provided under Section 13A-8-192. |
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| 127 | 129 | | g. The person individual is charged with the crime of |
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| 128 | 130 | | theft of property in the fourth degree, as defined under |
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| 129 | 131 | | Section 13A-8-5. |
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| 130 | 132 | | h. The person individual is charged with fleeing or |
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| 131 | 133 | | attempting to elude a law enforcement officer under Section |
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| 132 | 134 | | 13A-10-52. |
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| 133 | 135 | | i. The person individual is charged with a crime |
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| 134 | 136 | | involving cruelty to or abuse of an animal, including a |
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| 135 | 137 | | violation of Section 13A-11-241. |
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| 136 | 138 | | j. The person individual is charged with a violation of |
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| 137 | 139 | | carrying a pistol without a permit, as provided under Section |
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| 138 | 140 | | 13A-11-73. |
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| 183 | 185 | | arresting officer shall take the name and address of the |
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| 184 | 186 | | person individual and any other identifying information and |
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| 185 | 187 | | issue a summons and complaint to the person individual |
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| 186 | 188 | | charged. The officer shall release the person individual from |
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| 187 | 189 | | custody upon his or her written promise to appear in court at |
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| 188 | 190 | | the designated time and place as evidenced by his or her |
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| 189 | 191 | | signature on the summons and complaint, without any condition |
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| 190 | 192 | | relating to the deposit of security. |
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| 191 | 193 | | (d) If any person individual refuses to give a written |
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| 192 | 194 | | recognizance to appear by placing his or her signature on the |
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| 193 | 195 | | summons and complaint, the officer shall take that person |
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| 194 | 196 | | individual into custody and bring him or her before any |
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| 195 | 197 | | officer or official who is authorized to approve bond. |
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| 196 | 198 | | (e) Before implementation of the summons and complaint |
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| 197 | 199 | | procedure under subsection (a), the governing body of the |
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| 198 | 200 | | municipality shall adopt a schedule of fines for first, |
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| 199 | 201 | | second, and subsequent offenders of the alleged violation of |
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| 200 | 202 | | offenses subject to the summons and complaint procedure. The |
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| 201 | 203 | | schedule of fines shall be posted in a place conspicuous to |
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| 202 | 204 | | the public within the court clerk's office and the police |
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| 203 | 205 | | department. The filing fee provided in Section |
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| 204 | 206 | | 12-19-311(a)(1)a. shall apply to each summons and complaint |
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| 240 | 242 | | court magistrate, within the time specified in the summons and |
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| 241 | 243 | | complaint, and upon entering a plea of guilty, pay the fine |
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| 242 | 244 | | and court costs. A plea of guilty shall only be accepted by |
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| 243 | 245 | | the magistrate after the defendant has executed a notice and |
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| 244 | 246 | | waiver of rights form. |
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| 245 | 247 | | (2) In the alternative, the defendant shall have the |
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| 246 | 248 | | option of depositing the required bail, and upon a plea of not |
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| 247 | 249 | | guilty, shall be entitled to a trial as authorized by law. |
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| 248 | 250 | | (g) The court clerk or magistrate shall receive and |
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| 249 | 251 | | issue receipts for cash bail from persons individuals who wish |
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| 250 | 252 | | to be heard in court; enter the time of their appearance on |
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| 251 | 253 | | the court docket; and notify the arresting officer and |
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| 252 | 254 | | witnesses, if any, to be present. |
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| 253 | 255 | | (h) If the defendant fails to appear as specified in |
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| 254 | 256 | | the summons and complaint, the judge or magistrate having |
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| 255 | 257 | | jurisdiction of the offense may issue a warrant for his or her |
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| 256 | 258 | | arrest commanding that he or she be brought before the court |
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| 257 | 259 | | to answer the charge contained on the summons and complaint. |
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| 258 | 260 | | In addition, any person individual who willfully violates his |
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| 259 | 261 | | or her written promise or bond to appear, given in accordance |
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| 260 | 262 | | with this section, shall be guilty of the separate offense of |
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| 261 | 263 | | failing to appear, a misdemeanor, regardless of the |
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| 297 | 299 | | otherwise provided by law; provided, however, fines, |
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| 298 | 300 | | forfeitures, and court costs assessed and collected in |
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| 299 | 301 | | district court shall be distributed as now provided by law. |
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| 300 | 302 | | (j) This section only applies to municipalities that do |
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| 301 | 303 | | not employ a full-time municipal judge. Notwithstanding the |
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| 302 | 304 | | foregoing, a municipality that employs a full-time municipal |
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| 303 | 305 | | judge, by local law enacted by the Legislature, may elect to |
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| 304 | 306 | | apply this section. " |
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| 305 | 307 | | Section 2. This act shall become effective immediately |
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| 306 | 308 | | following its passage and approval by the Governor, or its |
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| 307 | 309 | | otherwise becoming law. |
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| 318 | | - | 151 HB13 EnrolledHB13 Enrolled |
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| 319 | | - | Page 7 |
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| 320 | | - | ________________________________________________ |
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| 321 | | - | Speaker of the House of Representatives |
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| 322 | | - | ________________________________________________ |
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| 323 | | - | President and Presiding Officer of the Senate |
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| 324 | | - | House of Representatives |
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| 325 | | - | I hereby certify that the within Act originated in and |
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| 326 | | - | was passed by the House 18-Apr-23, as amended. |
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| 327 | | - | John Treadwell |
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| 328 | | - | Clerk |
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| 329 | | - | Senate 11-May-23 Amended and Passed |
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| 330 | | - | House 01-Jun-23 Passed, as amended |
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| 331 | | - | by Conference Committee |
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| 332 | | - | Senate 01-Jun-23 Passed, as amended |
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| 333 | | - | by Conference Committee |
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| 320 | + | 151 |
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