HB338 Alabama 2018 Session

Under existing law, a mayor is authorized to remit fines, commute sentences, and pardon a person found guilty of violating a municipal ordinance but a mayor cannot reduce court costs. Additionally, a municipal court judge is authorized to issue arrest warrants and to punish contempt by imposing fines or sentences of imprisonment, or both

This bill would authorize a mayor to remit court costs and authorize any municipal court judge to remit fines, court costs, fees, payments, and other charges in cases where the court determines that a defendant cannot afford to pay the full amount that would otherwise be required by law

This bill would delete the authority of a mayor to commute sentences

This bill would clarify that the authority of the municipal court judge extends to issuing warrants for the failure of a criminal defendant to appear in court and that the willful failure of a defendant to appear may be punishable by contempt, the sentence for which includes fines and imprisonment

To amend Sections 12-14-15 and 12-14-32 of the Code of Alabama 1975, relating to the power of mayors to remit fines and costs and commute sentences imposed by municipal court judges and the general powers of municipal court judges; to authorize a mayor to remit court costs; to provide for the authority of municipal court judges to remit fines, court costs, or other charges upon a showing of indigency; to delete the authority of a mayor to commute sentences for violations of municipal ordinances; and to authorize municipal court judges to issue arrest warrants and hold an accused in contempt of court under certain circumstances when the accused has failed to appear in court.