SB13 Alabama 2019 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2019

Title

Municipal corporations, ordinances, issuance of summons and complaint in lieu of custodial arrest, further provided for, Sec. 11-45-9.1 am'd.

Summary

SB 13 would let municipalities let police issue a summons and complaint instead of arrest for certain non-violent offenses, with rules for how it works and how fines are set.

What This Bill Does

The bill allows a municipality to authorize its police (and certain state officers within the municipality) to issue a summons and complaint in lieu of custodial arrest for specific non-violent offenses, such as littering, animal control violations, or certain Class C misdemeanors. It excludes violent crimes, domestic violence, cases involving minors, certain alcohol/drug issues, and restitution-related offenses from this option. The summons must include prescribed information, and arrested individuals may be released on a written promise to appear or, if they refuse to sign, be taken into custody for bond. Municipalities must adopt a local schedule of fines and, after appearing in court, a defendant can plead guilty and pay fines or plead not guilty and deposit bail for trial. Fines collected go to the municipality. The bill also notes the amendment process related to local-funds requirements and provides an effective date after passage and governor approval.

Who It Affects

• Residents and offenders in municipalities that adopt the program, who could receive a summons and complaint instead of arrest for listed non-violent offenses and must appear in court, with potential fines or bail depending on their plea.
• Municipal governments, their police departments, prosecutors, and court systems, which would establish ordinances, schedules of fines, and procedures for summons, appearance, and collection of fines (county officers only if approved by county authorities).

Key Provisions

• Municipalities may authorize municipal or state law enforcement officers to issue a summons and complaint instead of custodial arrest for certain offenses (littering, animal control, or non-violent Class C misdemeanors) within the municipality’s police jurisdiction; county officers require county commission and sheriff approval.
• Exclusions: the option cannot be used for violent crimes, threats of violence, domestic violence, high public-safety risk cases involving alcohol/drugs, cases with minor victims, certain restitution-related offenses, or other specified circumstances.
• The summons must include court name, defendant name, offense description, time/date/place, officer signature, court date, settlement options, and a magistrate signature block.
• If charged with an enumerated offense, officers must issue a summons and complaint and release the person on a written promise to appear; signing is not conditional on posting cash bond.
• If the person refuses to sign, they may be taken into custody to address bond.
• Before use, the municipality must adopt a schedule of fines for first, second, and subsequent offenses and post it publicly.
• Defendants may elect to appear and plead guilty or not guilty; guilty pleas are handled with payment of fines and costs, while not guilty pleas involve bail and a trial.
• Fines and court costs from convictions go to the municipality’s general fund; district court distributions follow existing law.
• The bill is exempt from local-funds expenditure requirements under Amendment 621 because it defines a new crime or amends an existing crime, and becomes effective on the first day of the third month after passage and governor 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

Municipalities