AL HB13

Municipalities may authorize law enforcement officers to issue a summons and complaint instead of making a custodial arrest for municipal ordinance violations, misdemeanors, and violations within municipal jurisdiction.

Law enforcement officers issuing such summons act as agents of the municipality, which is liable for all actions and inactions of the officer.

Summons and complaint procedure is prohibited for crimes involving violence, domestic violence, controlled substance possession, crimes with minor victims, identity theft, fleeing police, animal cruelty, and sexual crimes, among other specified offenses.

Municipalities with ordinances in effect on May 1, 2022 allowing citations for alcohol or controlled substance use may continue that practice; other municipalities may adopt such policies by local law.

The bill applies only to municipalities without a full-time municipal judge, though municipalities with full-time judges may elect to apply this section through local legislation.