HB645 By Representatives Pettus, Standridge and Rowe RFD Public Safety and Homeland Security Rd 1 07-MAY-15

SYNOPSIS: Under existing law, a law enforcement officer may use the electronic uniform non-traffic citation and complaint for certain non-traffic offenses and the ticket is generated in an arresting officer's vehicle via computer.

This bill would revise the requirement of verification or swearing of electronic traffic and electronic non-traffic tickets issued by law enforcement officers to provide that the electronic transmission to an appropriate clerk of court of the contents of the ticket with the officer's unique identification for the transmission constitutes the officer's declaration that the officer is making a verified complaint.

A BILL TO BE ENTITLED AN ACT

To amend Sections 12-12-60 and 32-1-4, Code of Alabama 1975, relating to electronic traffic and non-traffic tickets, to revise the requirement of verification or swearing of electronic traffic and electronic non-traffic tickets; to provide that the electronic transmission to an appropriate clerk of court of the contents of the ticket with the officer's unique identification for the transmission constitutes the officer's declaration that the officer is making a verified complaint.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 12-12-60 and 32-1-4, Code of Alabama 1975, are amended to read as follows:

§12-12-60.

"(a)(1) Whenever any person is arrested for a violation of any non-traffic offense enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration, as adopted by the Supreme Court of Alabama, the arresting officer, unless otherwise provided in this section, shall take the name and address of the person and the license number or identification number of his or her motor vehicle or vessel, as appropriate, and shall issue a summons or otherwise notify him or her in writing to appear at a time and place to be specified in such summons, notice, or electronic uniform non-traffic citation and complaint (eUNTCC). A law enforcement officer who files the ticket electronically shall be considered to have certified the ticket and the officer has the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to this section. The electronic transmission to an appropriate clerk of court of the contents of the ticket with the officer's unique identification for the transmission constitutes the officer's declaration that the officer is making a verified complaint that the ticket is true and correct regarding the person named as defendant therein and no other verification or certification shall be necessary.

"(2) For purposes of this section, eUNTCC means a ticket that is electronically generated and printed at the site of a violation. Only violations enumerated in Rule 20, Appendix B of the Alabama Rules of Judicial Administration may be electronically transmitted to the court.

"(3) The eUNTCC may also be used to initiate the summons and complaint process pursuant to the Alabama Rules of Criminal Procedure in a printed form wherein it is processed by the court as is any other written ticket not otherwise transmitted electronically.

"(4) The person arrested, if he or she so desires, shall have a right to a hearing within 24 hours at a convenient time before a magistrate within the county or city where the arrest occurred, or if an eUNTCC is written, the person may have a hearing within 24 hours at a convenient time before any magistrate in this state. In enforcing this section, a law enforcement agency may require a sufficient written court appearance bond of the arrested person.

"(5) Except when an arresting officer cites a person with an eUNTCC, the arresting officer, upon the giving by the person of a sufficient written bond approved by the arresting officer to appear at such time and place, forthwith shall release the person from custody. Except when an arresting officer cites a person with an eUNTCC, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an eUNTCC is used by an arresting officer, the person, upon accepting a written copy of the eUNTCC, shall be deemed, without signature, to have given his or her written bond to appear in court on the date specified on the eUNTCC. A person refusing to accept a written copy of the eUNTCC shall be deemed to be refusing to give bond to appear and the person shall be taken immediately by the arresting officer before the nearest or most accessible magistrate.

"(6) Any person who, not having pled guilty as provided in Rule 20 (E) (1) of the Alabama Rules of Judicial Administration, willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

"(b) This section shall not apply to any of the following and the arresting officer shall take the person forthwith to the nearest or most accessible magistrate:

"(1) A person arrested and charged with an offense involving, causing, or contributing to an accident resulting in injury or death.

"(2) A person charged with driving or operating a vehicle or vessel while under the influence.

"(3) A person who the arresting officer has good cause to believe has committed a felony.

"(c) Any officer violating this section shall be guilty of misconduct in office and shall be subject to removal from office.

§32-1-4.

"(a)(1) Whenever any person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall, unless otherwise provided in this section, take the name and address of such person and the license number of his or her motor vehicle, and shall issue a summons or otherwise notify him or her in writing or by an electronic traffic ticket or e-ticket to appear at a time and place to be specified in such summons, notice, or e-ticket.

"(2) An electronic traffic ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated and printed at the site of a traffic violation after a violation has been electronically transmitted to the court. An arresting officer transfers arrest and licensing information of a violator electronically to the court. The court electronically records the arrest and issues a complaint and summons or notice to appear, which is printed at the site of the offense, and given to the violator. A law enforcement officer who files the ticket electronically shall be considered to have certified the ticket and the officer has the same rights, responsibilities, and liabilities as with all other tickets issued pursuant to this section. The electronic transmission to an appropriate clerk of court of the contents of the ticket with the officer's unique identification for the transmission constitutes the officer's declaration that the officer is making a verified complaint that the ticket is true and correct regarding the person named as defendant therein and no other verification or certification shall be necessary.

"(3) The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where such offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state. Except when an arresting officer cites a person with an e-ticket, the officer shall, upon the giving by such person of a sufficient written bond, approved by the arresting officer, to appear at such time and place, forthwith release the person from custody.

"(4) Except when an arresting officer cites a person with an e-ticket, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. When an e-ticket is used by an arresting officer, a person shall be deemed to have given his or her written bond to appear in court on the date as specified on the e-ticket.

"(5) Any person who willfully violates his or her written bond by failing to timely appear shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

"(b) The provisions of this This section shall not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person nor to any person charged with driving while under the influence of intoxicating liquor or of narcotic or other drugs nor to any person whom the arresting officer shall have good cause to believe has committed any felony, and the arresting officer shall take such person forthwith before the nearest or most accessible magistrate.

"(c) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Law Enforcement

Traffic Citations

Law Enforcement Agencies

Clerk of Courts

Code Amended