SB31 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2019

Title

Municipal courts, pretrial diversion program, voluntary transfer authorized

Summary

SB 31 would allow moving a municipal court case to county district or circuit court if the defendant qualifies for a county-offered program (like pretrial diversion, mental health, drug, or veterans’ court) that the municipal court does not offer, with both sides able to object.

What This Bill Does

The presiding circuit judge, after consulting with the district attorney, may transfer a case from municipal court to county court if: (1) the defendant qualifies for a county-offered program; (2) the county court offers that program; and (3) the municipal court does not offer the program. If transferred, the case becomes the exclusive jurisdiction of the district and circuit courts and is prosecuted under the state law charged by the municipality. Both the municipal court and the defendant retain the right to object to the transfer; the transfer cannot occur if either object. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Defendants who qualify for a pretrial diversion program, mental health court, drug court, veterans’ court, or similar program and want to participate, because their case could be moved to the county court if offered there.
• Municipal courts that do not offer such programs and the cases they handle, since eligible cases may be transferred out to the county court and both sides can object.

Key Provisions

• Transfer requires all three conditions: defendant qualifies for a county-offered program; county offers the program; municipal court does not offer the program.
• Transferred cases become the exclusive jurisdiction of the district and circuit courts and are prosecuted under the state law charged by the municipality.
• Both the municipal court and the defendant retain the right to object; if either objects, the transfer does not occur.
• Effective date: the first day of the third month after passage and governor approval.
• Programs explicitly included or described: pretrial diversion, mental health court, drug court, veterans’ court, or similar program.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pretrial Diversion Programs