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AL SB126
Bill
Status
1/9/2018
Primary Sponsor
Thomas Whatley
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AI Summary
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Authorizes the presiding judge of a circuit court in counties with pretrial diversion programs to establish a process for voluntary transfer of municipal court cases to district court when the municipal court lacks a pretrial diversion program for that case type.
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Transfer of cases is subject to terms, conditions, and procedures determined by the presiding circuit court judge after consultation with the district attorney.
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District courts gain exclusive jurisdiction over transferred cases, and offenses are prosecuted under state law without requiring proof of a municipal enabling ordinance.
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Both the municipal court and the defendant may object to any case transfer, and cases will not be transferred if an objection is filed.
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The act becomes effective on the first day of the third month following passage and approval by the Governor.
Legislative Description
Courts, municipal, transfer of cases to district court, participation in pretrial diversion programs of district ct, conditions
Courts
Last Action
Pending third reading on day 7 Favorable from Judiciary with 1 amendment
1/25/2018