SB154 Summary

• Municipalities may authorize law enforcement officers to issue a summons and complaint in lieu of custodial arrest for all misdemeanors and violations, except those involving violence, threat of violence, domestic violence, alcohol or drug possession creating public safety risk, minor victims, or violations of Section 32-5A-191.

• Summons and complaint forms must include the court name, defendant name, offense description with municipal ordinance number, offense date and time, offense location, officer signature, scheduled court date and time, settlement options, and magistrate signature block.

• Defendants charged with enumerated violations may elect to plead guilty before a magistrate after executing a notice and waiver of rights form, or deposit bail and request trial upon a plea of not guilty.

• Failing to appear as promised or violating a written promise to appear constitutes a separate misdemeanor offense.

• All fines and forfeitures collected on convictions or bail forfeitures are remitted to the municipality's general fund, except fines collected in district court which are distributed per existing law.

• The act becomes effective on the first day of the third month following passage and Governor approval.