HB163 Alabama 2020 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2020

Title

Municipal courts, pretrial diversion program, voluntary transfer authorized

Summary

HB 163 would allow a municipal court case to be moved to the county district or circuit court if the defendant qualifies for a pretrial diversion program and the receiving court offers it, while the municipal court does not.

What This Bill Does

It authorizes the voluntary transfer of eligible cases from a municipal court to the county district or circuit court when the defendant qualifies for a program and the receiving court offers it, and the municipal court does not offer that program. The transferred case becomes the exclusive jurisdiction of the district and circuit courts and is prosecuted under the state law as charged by the municipality. Both the defendant and the municipal court retain the right to object to the transfer; if either objects, the transfer cannot occur. The act would take effect on the first day of the third month after it becomes law.

Who It Affects

• Defendants who qualify for pretrial diversion programs (such as mental health, drug, or veterans' courts) and who would have their case transferred from a municipal court to a district or circuit court.
• Municipal courts and the county district or circuit courts (and prosecutors) that would handle such transferred cases under state law.

Key Provisions

• Section 1(a): The circuit presiding judge, with agreement from the transporting court's prosecuting authority, may transfer a case from a municipal court to the district or circuit court if (1) the defendant qualifies for a program, (2) the receiving court offers the program, and (3) the municipal court does not offer the program.
• Section 1(b): The transferred case becomes the exclusive jurisdiction of the district and circuit courts and is prosecuted under the state law charged by the municipality.
• Section 1(c): Both the municipal court and the defendant retain the right to object to the transfer; the transfer cannot occur if either objects.
• Section 2: The act becomes effective on the first day of the third month following passage and approval by the Governor, or becoming law by other means.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pretrial Diversion Programs