HB13 Alabama 2023 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to municipalities; to amend Section 11-45-9.1, Code of Alabama 1975, to provide that all municipalities may authorize a law enforcement officer to issue a summons and complaint in lieu of a custodial arrest for certain criminal offenses.

Summary

HB13 lets any Alabama municipality authorize police to issue a summons and complaint instead of a custodial arrest for certain offenses, under a new framework.

What This Bill Does

It expands the authority to all municipalities (not just those without a full-time judge) to issue a summons and complaint in lieu of arrest for municipal violations or misdemeanors within the municipality or police jurisdiction. It sets rules on when this can and cannot be used, outlines the required form and procedures, and explains how fines, fees, and court costs are handled. It also clarifies that the municipality and its officers are responsible for actions taken under this system, and that failure to appear can lead to further penalties, including warrants.

Who It Affects

• Municipal governments and their police departments: gain authority to issue summons and complaints in lieu of custodial arrests, with liability for officer actions.
• Residents and people charged with municipal ordinance violations or misdemeanors in municipalities: may receive a summons and complaint instead of an arrest, with options to pay fines, plead guilty with a waiver of rights, or post bail and go to court.

Key Provisions

• Any municipality may authorize a law enforcement officer (municipal or state) to issue a summons and complaint instead of placing a person under custodial arrest for violations of municipal ordinances or misdemeanors within the municipality or its police jurisdiction.
• The officer acts as an agent of the municipality; the municipality is liable for the officer's actions, and the officer is not considered acting on behalf of the county or its sheriff.
• Certain cases are not eligible for summons in lieu of arrest, including violent or domestic violence offenses, offenses involving risk to public safety related to alcohol or controlled substances (with some local exemptions), offenses where the victim is a minor, restitution-required offenses, identity theft, certain theft offenses, fleeing or eluding, animal cruelty, carrying a pistol without a permit, and sexual crimes.
• Some municipalities with preexisting ordinances allowing citations for alcohol or controlled substances may retain that approach; otherwise, new local law can authorize the summons option after the act’s effective date.
• A standardized summons and complaint form is required, including court name, defendant name, offense description, date/time/place, officer signature, scheduled court date, and explanations of settlement options.
• If a person refuses to sign a written promise to appear, they may be taken into custody and brought before a magistrate; the person can elect to plead guilty with a waiver of rights or post bail for a trial.
• Fines and court costs collected upon conviction or bail forfeiture generally go to the municipality’s general fund, while district court fines are distributed as otherwise provided by law.
• The act applies immediately upon passage and governor approval; municipalities without a full-time municipal judge may adopt this process, and those with a full-time judge may also elect to apply it by local law.

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

Subjects

Municipal corporations, ordinances, issuance of summons and complaint in lieu of custodial arrest, further provided for