SB294 Alabama 2017 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Cam Ward
Republican
Session: Regular Session 2017
Title: Municipal courts, pretrial diversion program, voluntary transfer authorized
Summary: Allows voluntary transfer of a municipal court case to district court if the defendant qualifies for a diversion program, the receiving court offers such a program, and the municipal court does not.
What This Bill Does
If these conditions are met, the presiding circuit judge (after consulting the district attorney) may move the case from municipal court to district court. Once transferred, the district/circuit courts have exclusive jurisdiction and prosecute under the state law as charged by the municipality. The municipal court and the defendant can object to the transfer, in which case the transfer does not happen. The law becomes effective on the first day of the third month after passage and governor approval.

Who It Affects
Defendants in municipal court who qualify for a pretrial diversion program or similar program, and whose municipal court does not offer such a program.
Municipal courts that do not offer diversion programs, and the district/circuit courts that offer these programs, along with the presiding circuit judges and district attorneys who would oversee and approve transfers.

Key Provisions
Provision 1: The circuit’s presiding judge, after consulting the district attorney, may transfer a case from municipal court to district court if (a) the defendant qualifies for a pretrial diversion program, mental health court, drug court, veteran court, or similar program; (b) the county district or circuit court offers such a program; and (c) the municipal court does not offer such a program.
Provision 2: The transferred case becomes exclusively under the jurisdiction of the district and circuit courts and is prosecuted under the state law as charged by the municipality.
Provision 3: Both the municipal court and the defendant may object to the transfer; if there is an objection, the transfer does not occur.
Provision 4: The act becomes effective on the first day of the third month following its passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Pretrial Diversion Programs