AL
Alabama House Bill HB332

Alabama 2024 Regular Session

Alabama House Bill HB332 Compare Versions

Only one version of the bill is available at this time.
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11 HB332INTRODUCED
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33 HB332
44 AJPL7SS-1
55 By Representatives Treadaway, Pettus
66 RFD: Public Safety and Homeland Security
77 First Read: 19-Mar-24
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1212 5 AJPL7SS-1 03/19/2024 CMH (L)bm 2024-1117
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1414 First Read: 19-Mar-24
1515 SYNOPSIS:
1616 Under existing law, the governing body of any
1717 municipality, by ordinance, may authorize law
1818 enforcement officers to issue citations for certain
1919 violations in lieu of performing a custodial arrest.
2020 This bill would authorize a warrant for such a
2121 violation to be sworn and issued by a judge or
2222 magistrate remotely, digitally, via video link, or by
2323 telephone and would specify that the physical presence
2424 of the affiant before the judge or magistrate is not
2525 required.
2626 A BILL
2727 TO BE ENTITLED
2828 AN ACT
2929 Relating to municipalities; to amend Section 11-45-9.1,
3030 Code of Alabama 1975, to authorize the use of certain digital,
3131 electronic, or telephonic means to obtain a warrant for
3232 certain violations subject to citation in lieu of arrest
3333 procedures; and to provide that the physical presence of the
3434 affiant in such circumstances is not required.
3535 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
3636 Section 1. Section 11-45-9.1, Code of Alabama 1975, is
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6666 Section 1. Section 11-45-9.1, Code of Alabama 1975, is
6767 amended to read as follows:
6868 "ยง11-45-9.1
6969 (a)(1) Except as provided in subdivision (2), the
7070 governing body of any municipality, by ordinance, may
7171 authorize any law enforcement officer of a municipality or any
7272 law enforcement officer of the state, in lieu of placing an
7373 individual under custodial arrest, to issue a summons and
7474 complaint to any individual charged with violating any
7575 municipal ordinance or any misdemeanor or violation within the
7676 corporate limits or the police jurisdiction of the
7777 municipality. A county law enforcement officer who issues a
7878 summons and complaint in lieu of placing an individual under
7979 custodial arrest shall in all respects be acting as an agent
8080 of the governing body of the municipality. The governing body
8181 of the municipality shall be liable for all actions and
8282 inactions of the officer, who shall not be considered to be
8383 acting on behalf of the county commission, the sheriff of the
8484 county, or the county.
8585 (2) An ordinance adopted pursuant to subdivision (1)
8686 may not authorize a law enforcement officer to issue a summons
8787 and complaint in lieu of arrest under any of the following
8888 circumstances:
8989 a. The individual is charged with committing a crime
9090 involving violence, threat of violence, or domestic violence,
9191 as defined under Article 7 (commencing with Section 13A-6-130)
9292 of Chapter 6, Title 13A.
9393 b.1.(i) The individual is charged with the use or
9494 possession of alcohol and, in the opinion of the law
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124124 possession of alcohol and, in the opinion of the law
125125 enforcement officer, is a risk to public safety.
126126 (ii) The individual is charged with the use or
127127 possession of a controlled substance.
128128 2.(i) This paragraph does not apply in any municipality
129129 that had an ordinance in effect on May 1, 2022, which allowed
130130 a citation in lieu of arrest for the use or possession of
131131 alcohol or a controlled substance.
132132 (ii) On or after June 15, 2023, a municipality, by
133133 local law, may allow a citation in lieu of arrest for the use
134134 or possession of alcohol or a controlled substance.
135135 c. A victim of the crime is a minor.
136136 d. The individual is charged with a violation of
137137 Section 32-5A-191.
138138 e. The individual is charged with a crime that would
139139 require restitution to the victim.
140140 f. The individual is charged with identity theft, as
141141 provided under Section 13A-8-192.
142142 g. The individual is charged with the crime of theft of
143143 property in the fourth degree, as defined under Section
144144 13A-8-5.
145145 h. The individual is charged with fleeing or attempting
146146 to elude a law enforcement officer under Section 13A-10-52.
147147 i. The individual is charged with a crime involving
148148 cruelty to or abuse of an animal, including a violation of
149149 Section 13A-11-241.
150150 j. The individual is charged with a crime that is
151151 sexual in nature.
152152 (b) The summons and complaint shall be on a form
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182182 (b) The summons and complaint shall be on a form
183183 approved by the governing body of the municipality and shall
184184 contain the name of the court; the name of the defendant; a
185185 description of the offense, including the municipal ordinance
186186 number; the date and time of the offense; the place of the
187187 offense; signature of the officer issuing the citation; the
188188 scheduled court date and time; an explanation to the
189189 individual cited of the ways in which he or she may settle his
190190 or her case; and a signature block for the magistrate to sign
191191 upon the officer's oath and affirmation given prior to trial.
192192 (c) Whenever any individual is arrested for a violation
193193 of an offense subject to the summons and complaint procedure
194194 of subdivision (a)(1), the arresting officer shall take the
195195 name and address of the individual and any other identifying
196196 information and issue a summons and complaint to the
197197 individual charged. The officer shall release the individual
198198 from custody upon his or her written promise to appear in
199199 court at the designated time and place as evidenced by his or
200200 her signature on the summons and complaint, without any
201201 condition relating to the deposit of security.
202202 (d) If any individual refuses to give a written
203203 recognizance to appear by placing his or her signature on the
204204 summons and complaint, the officer shall take that individual
205205 into custody and bring him or her before any officer or
206206 official who is authorized to approve bond.
207207 (e) A warrant for a violation of an offense subject to
208208 the summons and complaint procedure of subdivision (a)(1) may
209209 be sworn and issued by a judge or magistrate remotely,
210210 digitally, via video link, or by telephone. The physical
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240240 digitally, via video link, or by telephone. The physical
241241 presence of the affiant before the judge or magistrate is not
242242 required. Other methods of technology not specifically
243243 described in this subsection may be used to facilitate the
244244 oath and issuance of a criminal warrant pursuant to this
245245 subsection upon approval of the technology by the presiding
246246 judge and district attorney of the judicial circuit.
247247 (e)(f) Before implementation of the summons and
248248 complaint procedure under subsection (a), the governing body
249249 of the municipality shall adopt a schedule of fines for first,
250250 second, and subsequent offenders of the alleged violation of
251251 offenses subject to the summons and complaint procedure. The
252252 schedule of fines shall be posted in a place conspicuous to
253253 the public within the court clerk's office and the police
254254 department. The filing fee provided in Section
255255 12-19-311(a)(1)a. shall apply to each summons and complaint
256256 issued under this section, and the filing fee shall be
257257 distributed as provided by Section 12-19-311.
258258 (f)(g)(1) When an individual is charged with an offense
259259 subject to the summons and complaint procedure, he or she may
260260 elect to appear before the municipal court magistrate, or
261261 where the municipal court has been abolished, the district
262262 court magistrate, within the time specified in the summons and
263263 complaint, and upon entering a plea of guilty, pay the fine
264264 and court costs. A plea of guilty shall only be accepted by
265265 the magistrate after the defendant has executed a notice and
266266 waiver of rights form.
267267 (2) In the alternative, the defendant shall have the
268268 option of depositing the required bail, and upon a plea of not
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298298 option of depositing the required bail, and upon a plea of not
299299 guilty, shall be entitled to a trial as authorized by law.
300300 (g)(h) The court clerk or magistrate shall receive and
301301 issue receipts for cash bail from individuals who wish to be
302302 heard in court; enter the time of their appearance on the
303303 court docket; and notify the arresting officer and witnesses,
304304 if any, to be present.
305305 (h)(i) If the defendant fails to appear as specified in
306306 the summons and complaint, the judge or magistrate having
307307 jurisdiction of the offense may issue a warrant for his or her
308308 arrest commanding that he or she be brought before the court
309309 to answer the charge contained on the summons and complaint.
310310 In addition, any individual who willfully violates his or her
311311 written promise or bond to appear, given in accordance with
312312 this section, shall be guilty of the separate offense of
313313 failing to appear, a misdemeanor, regardless of the
314314 disposition of the charge upon which he or she was originally
315315 arrested.
316316 (i)(j) All fines and forfeitures collected upon a
317317 conviction or upon the forfeiture of bail of any individual
318318 charged with a violation of the ordinances shall be remitted
319319 to the general fund of the municipality or as otherwise
320320 provided by law; provided, however, fines, forfeitures, and
321321 court costs assessed and collected in district court shall be
322322 distributed as now provided by law."
323323 Section 2. This act shall become effective on October
324324 1, 2024.
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