SB23 Alabama 2022 Session

Under existing law, a municipality may authorize a law enforcement officer to issue a summons and complaint in lieu of custodial arrest for certain criminal offenses

When a person is charged with an offense subject to the summons and complaint procedure and receives a summons and complaint, he or she may elect to appear before the court within the time specified in the summons and complaint and, upon entering a plea of guilty, pay the fine and associated court costs. In the alternative, the person may deposit the required bail, if any, enter a plea of not guilty, and be entitled to a trial

This bill would provide that when a person is required to post bail upon pleading not guilty, the bail may be any one of the four kinds approved in this state

Also under existing law, when a defendant fails to appear as specified in a summons and complaint, the court may issue a warrant for the defendant's arrest

This bill would provide a court may not order cash only bail for a defendant's initial failure to appear on the summons and complaint

Relating to summons and complaint in lieu of arrest; to amend Section 11-45-9.1, Code of Alabama 1975, as last amended by Act 2021-495 (2021 Regular Session), to further provide for the types of bail that may be posted.