HB520 - Summons; promise to appear after issuance, issuance of summons instead of warrant in certain cases.

1 Co-Sponsor

Promise to appear after the issuance of a summons; issuance of summons instead of warrant in certain cases; nonviolent felonies. Provides that if any person refuses to give a written promise to appear after the issuance of a summons, the arresting officer shall give such person notice of the time and place of the hearing, note such person's refusal to give his written promise to appear on the summons, and forthwith release him from custody. Under current law, any person refusing to give such written promise to appear is required to be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction. Promise to appear after the issuance of a summons; issuance of summons instead of warrant in certain cases; nonviolent felonies. Provides that if any person refuses to give a written promise to appear after the issuance of a summons, the arresting officer shall give such person notice of the time and place of the hearing, note such person's refusal to give his written promise to appear on the summons, and forthwith release him from custody. Under current law, any person refusing to give such written promise to appear is required to be taken immediately by the arresting officer before a magistrate or other issuing officer having jurisdiction. The bill also provides that a law-enforcement officer, at his discretion, may issue a summons instead of a warrant for certain felony offenses, described in the bill, if (i) in the judgment of the officer, the person charged will cease committing the illegal act; (ii) in the judgement of the officer, the person charged does not pose an immediate threat to public safety; and (iii) the person charged signs a written promise to appear at the time and place of the hearing. The bill prohibits a law-enforcement agency from creating a policy that requires or prohibits release for persons meeting such criteria.