HB397 Alabama 2018 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2018

Title

Municipalities, ordinances, summons and complaint in lieu of arrest, further provided for, exceptions, Sec. 11-45-9.1 am'd.

Summary

The bill would let municipalities issue summons and complaints instead of arrest for all misdemeanors and violations, with certain exceptions.

What This Bill Does

It expands the authority for law enforcement to issue a summons and complaint in lieu of custodial arrest to all misdemeanors and violations, except for offenses involving violence, threats, or domestic violence, certain alcohol-risk scenarios, and offenses with minor victims. It requires a municipality-approved summons form, outlines what information must be included, and sets the process for appearance, pleas, bail, and potential warrants. It also requires a locally adopted schedule of fines, specifies how fines are collected and distributed, and explains the effect on local funding requirements under Constitution Amendment 621. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Municipalities and their law enforcement agencies, which would be authorized to issue summons and complaints for a wider range of offenses and must adopt a fines schedule and related procedures.
• People charged with municipal misdemeanors or violations, who would receive a summons instead of immediate custodial arrest, must appear in court, may plead guilty or not guilty, and face fines or bail under the new process.

Key Provisions

• Expands Section 11-45-9.1 to allow summons and complaints in lieu of custodial arrest for all misdemeanors and violations, with specified exceptions.
• Exceptions include offenses involving violence, threat of violence, or domestic violence; alcohol use with public safety risk as judged by an officer; and offenses with a minor victim.
• Requires a municipality-approved summons form with specific information (court name, defendant name, offense details, date/time/place, officer signature, court date, settlement options, and magistrate signature).
• Arresting officers must release individuals on a written promise to appear unless they refuse to sign, in which case they may be taken into custody for bond approval.
• Prior to implementation, municipalities must adopt and publicly post a schedule of fines for first, second, and subsequent offenses.
• Defendants may plead guilty and pay fines or deposit bail and go to trial; a separate offense of failing to appear can be charged if they do not show up, and court procedures apply for hearings and notices.
• Fines and forfeitures from conviction go to the municipality’s general fund (district court funds are distributed as currently required).
• Effective date: the act takes effect on the first day of the third month after passage and governor approval.
• The bill is described as exempt from Amendment 621 local-funding requirements because it defines a new crime or amends an existing crime.

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

Subjects

Municipalities