HB332INTRODUCED
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HB332
AJPL7SS-1
By Representatives Treadaway, Pettus
RFD: Public Safety and Homeland Security
First Read: 19-Mar-24
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5 AJPL7SS-1 03/19/2024 CMH (L)bm 2024-1117
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First Read: 19-Mar-24
SYNOPSIS:
Under existing law, the governing body of any
municipality, by ordinance, may authorize law
enforcement officers to issue citations for certain
violations in lieu of performing a custodial arrest.
This bill would authorize a warrant for such a
violation to be sworn and issued by a judge or
magistrate remotely, digitally, via video link, or by
telephone and would specify that the physical presence
of the affiant before the judge or magistrate is not
required.
A BILL
TO BE ENTITLED
AN ACT
Relating to municipalities; to amend Section 11-45-9.1,
Code of Alabama 1975, to authorize the use of certain digital,
electronic, or telephonic means to obtain a warrant for
certain violations subject to citation in lieu of arrest
procedures; and to provide that the physical presence of the
affiant in such circumstances is not required.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-45-9.1, Code of Alabama 1975, is
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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 an
individual under custodial arrest, to issue a summons and
complaint to any 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 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.
(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 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 individual is charged with the use or
possession of alcohol and, in the opinion of the law
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possession of alcohol 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
that had an ordinance in effect on May 1, 2022, which allowed
a citation in lieu of arrest for the use or possession of
alcohol or a controlled substance.
(ii) On or after June 15, 2023, a municipality, by
local law, may allow a citation in lieu of arrest for the use
or possession of alcohol or a controlled substance.
c. A victim of the crime is a minor.
d. The individual is charged with a violation of
Section 32-5A-191.
e. The individual is charged with a crime that would
require restitution to the victim.
f. The individual is charged with identity theft, as
provided under Section 13A-8-192.
g. The individual is charged with the crime of theft of
property in the fourth degree, as defined under Section
13A-8-5.
h. The individual is charged with fleeing or attempting
to elude a law enforcement officer under Section 13A-10-52.
i. The individual is charged with a crime involving
cruelty to or abuse of an animal, including a violation of
Section 13A-11-241.
j. The individual is charged with a crime that is
sexual in nature.
(b) The summons and complaint shall be on a form
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(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
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 individual is arrested for a violation
of an offense subject to the summons and complaint procedure
of subdivision (a)(1), the arresting officer shall take the
name and address of the individual and any other identifying
information and issue a summons and complaint to the
individual charged. The officer shall release the 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 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 individual
into custody and bring him or her before any officer or
official who is authorized to approve bond.
(e) A warrant for a violation of an offense subject to
the summons and complaint procedure of subdivision (a)(1) may
be sworn and issued by a judge or magistrate remotely,
digitally, via video link, or by telephone. The physical
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digitally, via video link, or by telephone. The physical
presence of the affiant before the judge or magistrate is not
required. Other methods of technology not specifically
described in this subsection may be used to facilitate the
oath and issuance of a criminal warrant pursuant to this
subsection upon approval of the technology by the presiding
judge and district attorney of the judicial circuit.
(e)(f) 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)(g)(1) When 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.
(2) In the alternative, the defendant shall have the
option of depositing the required bail, and upon a plea of not
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option of depositing the required bail, and upon a plea of not
guilty, shall be entitled to a trial as authorized by law.
(g)(h) The court clerk or magistrate shall receive and
issue receipts for cash bail from 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)(i) 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 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)(j) All fines and forfeitures collected upon a
conviction or upon the forfeiture of bail of any individual
charged with a violation of the ordinances shall be remitted
to the general fund of the municipality or as 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."
Section 2. This act shall become effective on October
1, 2024.
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