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:
"Section 22-5-110.
(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
it,the county;
(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,; and
(4)
punish those guilty of such offenses within their
jurisdiction.
(B)
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.