SB59 Alabama 2021 Session

Summary

Primary Sponsor

Tim MelsonSenator

Republican

Session

Regular Session 2021

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

SB59 would let municipalities authorize police to issue a summons and complaint instead of custodial arrest for certain nonviolent offenses, with rules on who can be cited, how fines are set, and potential local funding implications.

What This Bill Does

If passed, municipalities could adopt ordinances allowing officers to issue a summons and complaint instead of arrest for specific nonviolent offenses such as littering, animal control violations, and other Class C misdemeanors within the municipality. The officer would act as an agent of the municipality, and the municipality would be responsible for actions taken by the officer. Certain serious offenses and risk-related situations would be excluded from this option. The process includes a standard summons form, a required fines schedule, an option for the defendant to plead Guilty or Not Guilty, bail procedures, and consequences for failing to appear. Fines and related monies go to the municipality’s general fund, and the measure applies to municipalities without full-time judges unless they opt in under local law.

Who It Affects

• Municipal governments and their governing bodies: may adopt ordinances to allow summons instead of arrest for specific offenses; must set fines and handle liability for officers’ actions.
• Law enforcement officers (municipal and state) within the municipality: may issue summonses in lieu of arrest under the ordinance and act as agents of the municipality; subject to municipal liability.
• Residents charged with enumerated, nonviolent offenses: may receive a summons and complaint rather than immediate custody, and must choose to plead Guilty or Not Guilty or post bail; face fines and court costs.
• Municipal and district court magistrates: handle appearances, pleas, and trials related to the summons and complaint process; administer fines and schedules.

Key Provisions

• Ordinance option: Municipalities may authorize officers to issue a summons and complaint instead of custodial arrest for specified nonviolent offenses, including municipal littering, animal control within the municipality, and certain Class C misdemeanors.
• Exclusions: The summons option cannot be used for offenses involving violence or threats of violence, domestic violence, high public-safety risk due to alcohol/drugs, offenses involving a minor victim, restitution-required offenses, identity theft, fourth-degree theft, fleeing or eluding, animal cruelty, carrying a pistol without a permit, or sexual crimes.
• Officer authority and liability: The issuing officer acts as an agent of the municipality; the municipality is liable for the officer’s actions, not the county or sheriff.
• Form and process: The summons and complaint must include court name, defendant name, offense description, ordinance number, time/place, officer signature, scheduled court date, settlement options, and a magistrate sign-off.
• Arrest and release rules: If a person is arrested under these offenses, the officer must take identifying information and issue a summons; the person is released on a written promise to appear.
• Appearing and plea options: Defendants may appear before a magistrate to plead guilty with a waiver form or choose bail and proceed to trial if not guilty; a deposit bail option is available.
• Fines and fees: A local fines schedule must be posted publicly; a filing fee applies to each summons, with funds distributed as provided by law.
• Warrant and penalties for non-appearance: If the defendant fails to appear, a warrant may be issued; failing to appear is a separate misdemeanor offense.
• Fund distribution: All fines and forfeitures from these offenses go to the municipality’s general fund (district court funds follow existing law).
• Judicial applicability: Applies to municipalities without full-time municipal judges; municipalities with full-time judges may elect to apply under local 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

Municipalities