HB 1155

Bill Subjects

Crimes And Offenses Generally Crimes And Offenses, Criminal Courts And Court Procedures

Abstract

Adds additional conditions to an agreement to withhold prosecution including: (1) waiver of fees; (2) right to legal counsel; and (3) collecting and reporting of demographic information. Requires the court to collect demographic information as it relates to the withholding of prosecution and to report the information to the office of judicial administration (office). Requires the office to provide an annual report that includes demographic information and the withholding of prosecution to the governor, chief justice, and the legislative council before December 1 of each year. Provides that in lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in a law enforcement officer's presence, the officer shall issue a summons and promise to appear unless the person: (1) has committed a violent misdemeanor offense that involves a victim or a weapon or involves an offense related to the impaired operation of a motor vehicle; (2) poses a safety risk to the person, the officer, or the public; or (3) has falsely identified the person to the officer. Provides, however, that the law enforcement officer is not required to issue a summons if the person: (1) is subject to arrest for another offense; (2) has violated the terms of supervised release; or (3) has an outstanding warrant. Requires that the summons set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time not later than two business days after issuance of the summons.