SB 37

This bill would provide for the voluntary transfer of a case from a municipal court to the county district or circuit court when the defendant qualifies for a pretrial diversion program, mental health court, drug court, veteran court, or similar program that is offered by the county district or circuit court and not offered by the municipal court

This bill would specify that both the defendant and the municipal court in the case shall retain the right to object to the transfer of the case

Relating to municipal courts; to provide for the transfer of a municipal court case under certain circumstances.

Section 1

(a) The presiding judge of a circuit, upon consultation with the district attorney, may provide for the voluntary transfer of a case from a municipal court of the jurisdiction to the district or circuit court if all of the following apply: (1) The defendant qualifies for a pretrial diversion program, mental health court, drug court, veteran court, or similar program. (2) The county district or circuit court offers a pretrial diversion program, mental health court, drug court, veteran court, or similar program. (3) The municipal court does not offer a pretrial diversion program, mental health court, drug court, veteran court, or similar program. (b) A case transferred under subsection (a) shall become the exclusive jurisdiction of the district and circuit courts and shall be prosecuted under the state law charged by the municipality. (c) Both the municipal court and the defendant shall retain the right to object to a transfer under subsection (a). The case may not be transferred if either the municipal court or the defendant objects.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.