SB41 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

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 41 would let municipalities issue summons and complaints instead of custodial arrests for all misdemeanors and non-violent violations, with certain exceptions, and sets up the process and funding implications.

What This Bill Does

It expands the summons-and-complaint option to cover all misdemeanors and non-violent violations, with exceptions for violence, risk from alcohol, or a minor victim. It requires a standardized summons form, release on a written promise to appear, and optional bail or trial options if not guilty. Failure to sign or appear can lead to custody, warrants, or a separate offense for failing to appear. Fines collected generally go to the municipality's general fund, with district court fines treated as currently required, and the bill is framed as exempt from local-funding approval requirements under Amendment 621 due to defining or amending a crime.

Who It Affects

• Municipalities, their police departments, and municipal courts, because they would implement the summons-and-complaint system, adopt a fines schedule, and handle revenues and court notices.
• Residents and offenders charged with the listed misdemeanors or non-violent violations, who could receive a summons instead of arrest, must decide to plead guilty and pay fines or deposit bail, and must appear in court or risk arrest or further penalties.

Key Provisions

• Authorizes a municipality to allow officers to issue a summons and complaint in lieu of custodial arrest for all misdemeanors and violations, with specified exceptions.
• Exceptions exclude offenses involving violence, threat of violence, domestic violence, or where alcohol/drug risk is present, and exclude offenses with minor victims.
• Requires the summons form to include court name, defendant name, offense details, ordinance number, time/place, officer signature, court date, settlement options, and magistrate signature.
• If charged with an enumerated offense, the officer must release the person on a written promise to appear; if the person refuses to sign, the person may be taken into custody for bond processing.
• Governing body must adopt a schedule of fines for first, second, and subsequent offenses before implementation and post it publicly.
• Defendant may plead guilty and pay fines or deposit bail and go to trial; failure to appear can result in a warrant and a separate offense for failing to appear.
• Fines from convictions go to the municipality's general fund; district court fines remain as currently distributed.
• Effective date is the first day of the third month after passage; the bill is described as exempt from Amendment 621 local-funding requirements because it defines or amends a 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