SB52 Summary

• Amends Alabama Code Section 11-45-9.1 to authorize municipalities to allow law enforcement officers to issue summons and complaints instead of making custodial arrests for certain offenses including municipal littering ordinances, animal control violations, Class C misdemeanors, and non-violent violations without alcohol or drug involvement.

• Prohibits the summons and complaint procedure for offenses involving violence, domestic violence, alcohol or drug use (if officer determines public safety risk), crimes with minor victims, violations of Section 32-5A-191, or crimes requiring victim restitution.

• Requires municipalities to establish an approved summons form containing defendant name, offense description, date/time/place of offense, scheduled court date, officer signature, and magistrate signature block upon oath and affirmation.

• Mandates municipalities adopt a fine schedule for first, second, and subsequent offenses before implementing the summons and complaint procedure, posted publicly in court clerk's office and police department.

• Becomes effective on the first day of the third month following passage and approval by the Governor, or upon otherwise becoming law; passed by Senate 27-0 on February 25, 2020.