The act states that, except for class 1, class 2, class 3, and class 4 felonies; certain crimes relating to victim's rights laws; and in unclassified felonies punishable by a maximum penalty of more than 10 years, a law enforcement officer may issue a summons commanding the appearance of the defendant in lieu of a warrant for his or her arrest based on probable cause if:
- The local district attorney consents to the procedure and has developed and approved criteria for the issuance of such a summons;
- There is a reasonable likelihood that the defendant will appear;
- The defendant has had no felony arrests during the preceding 5 years;
- There is no allegation that the defendant used a deadly weapon; and
- There are no outstanding warrants for the defendant's arrest.
Not later than 10 days after the law enforcement officer issues the summons, he or she shall deliver a copy to the court and to the office of the district attorney where jurisdiction lies.
(Note: This summary applies to this bill as enacted.)