HB397 Alabama 2018 Session

Summary

Primary Sponsor

Chris England Representative

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.

Description

Under existing law, a municipality may authorize a law enforcement officer to issue a summons and complaint in lieu of custodial arrest for certain criminal offenses.

This bill would provide that a municipality may authorize a law enforcement officer to issue a summons and complaint in lieu of custodial arrest for all misdemeanors and violations, with exceptions.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Municipalities