SB197 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2021

Title

Criminal procedure, traffic violations, required dismissal under certain conditions

Summary

The bill requires dismissal with prejudice of nonfelony traffic infraction cases if the citing officer fails to appear after the defendant pleads not guilty.

What This Bill Does

If a person charged with a nonfelony traffic infraction pleads not guilty and appears in court, and the officer who issued the ticket does not appear, the court must dismiss the case with prejudice. This means the case cannot be refiled or retried based on that absence. The change applies to cases in Alabama courts and takes effect after a specified start date following passage and approval.

Who It Affects

• Defendants cited for nonfelony traffic infractions who appear in court and plead not guilty; their case will be dismissed if the issuing officer fails to appear.
• Law enforcement officers who issued the citation (and their agency) whose failure to appear triggers automatic dismissal of the case.

Key Provisions

• In nonfelony traffic infraction cases, if the defendant pleads not guilty and the issuing officer fails to appear, the court must dismiss the case with prejudice.
• The act becomes effective on the first day of the third month after it is passed and approved (or otherwise law).

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses