Reference is to Printer's Date 6/1/11-S.
Amend the bill, as and if amended, by deleting in its entirety SECTION 1, as contained on page 1-2, and inserting:
/ SECTION 1. Section 22-5-110 of the 1976 Code is amended to read:
(A) Magistrates shall:
(1) cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county
escapeflee out of
(2) examine into treasons, felonies, grand larcenies, high crimes, and misdemeanors
(3) commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction
(4) punish those guilty of such offenses within their jurisdiction.
Notwithstanding another provision of law, a person
charged with any misdemeanor offense requiring a warrant signed
by nonlaw enforcement personnel to ensure the arrest of a person
must be given a courtesy summons.
(B)(1) An arrest warrant may not be issued for the arrest of a person unless sought by a law enforcement officer acting in their official capacity.
(2) If an arrest warrant is sought by someone other than a law enforcement officer, the court must issue a courtesy summons.
(3) If a defendant named in a courtesy summons fails to appear before the court pursuant to the summons, the court must issue an arrest warrant for the underlying offense based upon the original sworn statement of the affiant who sought the courtesy summons, provided the sworn statement establishes probable cause that the underlying offense was committed." /
Renumber sections to conform.
Amend title to conform.