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AL SB41
Bill
AI Summary
SB41 Summary
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Amends Section 11-45-9.1 of the Code of Alabama 1975 to expand municipal authority to issue summons and complaints in lieu of custodial arrest to cover all misdemeanors and violations, rather than limiting to certain Class C misdemeanors.
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Prohibits summons and complaint procedures for offenses involving violence, threat of violence, domestic violence, possession or use of alcohol creating public safety risk, or cases with minor victims.
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Requires summons and complaint forms to include defendant name, offense description with ordinance number, date and time of offense, officer signature, scheduled court date, explanation of settlement options, and magistrate signature block.
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Mandates municipalities adopt a schedule of fines for first, second, and subsequent offenses, posted in court clerk's office and police department before implementing the procedure.
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Becomes effective on the first day of the third month following passage and Governor approval.
Legislative Description
Municipalities, ordinances, summons and complaint in lieu of arrest, further provided for, exceptions, Sec. 11-45-9.1 am'd.
Municipalities
Last Action
Read for the first time and referred to the Senate committee on Judiciary
1/9/2018