SB59 Summary

• Municipalities may authorize law enforcement officers to issue a summons and complaint in lieu of custodial arrest for certain misdemeanors and municipal ordinance violations, including littering, animal control, and Class C misdemeanors not involving violence, threat of violence, or alcohol/drugs.

• Prohibits summons and complaint procedure for crimes involving violence, domestic violence, alcohol or drug possession (if public safety risk), minor victims, DUI violations, identity theft, theft in the fourth degree, fleeing police, animal cruelty, illegal firearm possession, sexual crimes, or crimes requiring restitution.

• County law enforcement officers issuing summons and complaints act as agents of the municipality, which is liable for their actions and cannot claim county responsibility.

• Municipalities must adopt a fine schedule for first, second, and subsequent offenses prior to implementing the procedure, and fines must be collected and distributed according to existing law.

• The act applies only to municipalities without a full-time municipal judge, though municipalities with full-time judges may elect to apply the law through local legislative action; effective on the first day of the third month following passage and approval.