SB126 Alabama 2018 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2018

Title

Courts, municipal, transfer of cases to district court, participation in pretrial diversion programs of district ct, conditions

Summary

Allows circuit court leaders to move certain municipal court cases to the district court in counties that have a pretrial diversion program, if the municipality does not offer one for the case type.

What This Bill Does

If passed, the presiding judge of the circuit court can set up a process to voluntarily transfer municipal court cases to the district court in eligible counties. The transfer would make the district court the sole jurisdiction for the case and have it prosecuted under state law, without needing a municipal ordinance. The municipality or the defendant can object to the transfer, in which case the case would not be moved. The transfer would follow terms and procedures set by the circuit judge in consultation with the district attorney. The act becomes effective on the first day of the third month after the governor signs it.

Who It Affects

• Municipalities in counties where the district or circuit court offers a pretrial diversion program but the municipality does not offer one for the case type
• Defendants with municipal court cases in those counties who could be transferred to district court

Key Provisions

• Presiding circuit court judge may authorize voluntary transfer of municipal court cases to the district court in eligible counties where a pretrial diversion program exists but the municipality lacks one for that case type
• Transferred cases become exclusively within district court jurisdiction and are prosecuted under state law, without needing municipal ordinance adoption
• Municipality or defendant may object to the transfer, and if they object, the transfer does not occur
• Transfers must follow terms, conditions, and procedures set by the presiding judge after consulting with the district attorney
• Effective date: first day of the third month after governor's 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

Courts