SB154 Alabama 2018 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

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

SB 154 would let municipalities authorize officers to issue summons and complaints instead of custodial arrests for all misdemeanors and violations (with exceptions), and it sets up related court and funding rules.

What This Bill Does

It expands authority for municipal officers to issue a summons and complaint in lieu of arrest for all misdemeanors and non-violent violations, with specified exceptions. It defines what must be included on the summons, how defendants may plead and pay fines, or post bail and go to trial, and how fines are handled and distributed. It also notes that the bill is exempt from certain local expenditure requirements due to exceptions and sets an effective date after passage.

Who It Affects

• Municipalities and their law enforcement agencies, which would gain the power to issue summonses instead of making custodial arrests and must follow new procedural requirements.
• Residents charged with municipal misdemeanors or non-violent violations, who would receive a summons to appear, may plead guilty and pay fines or deposit bail and go to trial, with penalties for failing to appear.

Key Provisions

• A municipality may authorize officers to issue a summons and complaint in lieu of custodial arrest for all misdemeanors and violations, with listed exceptions.
• Exceptions include offenses involving violence, risk from alcohol, minor victims, or certain specified violations.
• The summons must include specific information, including court name, defendant name, offense description, ordinance number, date/time/place, officer signature, court date/time, settlement options, and a magistrate signature block.
• Offenders may plead guilty before a magistrate, paying fines and court costs, or deposit bail and proceed to a trial if not guilty.
• If a defendant refuses to sign, they may be taken into custody and brought before a magistrate for approval of bond.
• A schedule of fines must be adopted by the governing body before implementation and posted publicly.
• Failure to appear can lead to a warrant and a separate offense of failing to appear; fines and court costs generally go to the municipality’s general fund (district court distributions remain per law).
• The act is deemed to fall within constitutional exceptions for local expenditures and becomes effective on the first day of the third month after passage.

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