Current with legislation from 2024 Fiscal and Special Sessions.
Section 16-10-205 - Citations(a) Each municipal police department, city or town marshal, and county sheriff's office shall maintain and issue uniform written citations or electronic citations for violation of all municipal and state laws.(b)(1) All uniform written citation books must be prenumbered by the printer and a printer's certificate shall be furnished to the police department, marshal's office, or sheriff's office, and the certificate shall be made available for inspection.(2) The certificate must state the printing date, the numerical sequence of citations printed, and the printer's name.(c) All void or spoiled written citations must be accounted for by attaching all copies to the hard copy in the uniform citation book.(d)(1) All written citations must have at least an original and three (3) copies used and distributed as follows:(A)Hard copy: Violator's copy;(B)White copy: Police department, marshal's office, or sheriff's office copy;(C)(i)Yellow copy: Court clerk's copy, to be forwarded to the Office of Driver Services as provided in this subdivision (d)(1)(C).(ii) Within five (5) business days after a conviction or forfeiture of bail of a person charged with a violation of any law regulating the operation of vehicles on a highway, § 3-3-203(a) or § 5-27-503(a)(3), the clerk shall forward the yellow copy covering the case in which the person was convicted or forfeited bail.(iii) The yellow copy shall be certified by the person required to prepare it and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail was forfeited, and the amount of the fine or forfeiture.(iv) Within five (5) business days after the disposition of any case, the clerk shall forward the yellow copy of the citation and the resulting disposition of the case.(v) A court using the case management system provided by the Administrative Office of the Courts or the electronic reporting system of the Office of Driver Services is not required to submit the yellow copy to the Office of Driver Services but must enter the disposition or judgment of conviction into the case management system or the electronic reporting system within the time required in this section; and(D)Pink copy: Remains in uniform citation book.(2) The citations shall be given to the police department, marshal's office, sheriff's office, or court clerk at least seven (7) business days before the court date.(e) If an electronic citation is used: (1) The electronic citation shall indicate whether or not there was a person under eighteen (18) years of age present at the time of the offense for which the electronic citation was issued;(2) A printed copy of the electronic citation shall be given to the violator;(3) A copy of the electronic citation must be maintained by the issuing police department, marshal's office, or county sheriff's office; and(4)(A) A copy of the electronic citation shall be forwarded to the court clerk in either electronic or written format, as designated by the court clerk, at least seven (7) business days before the court date.(B) The court clerk's copy shall be forwarded to the Office of Driver Services as provided in subdivision (d)(1)(C) of this section.(f) If an electronic citation system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.(g)Controls for citations.(1) A list of all uniform written citation books and the corresponding range of citations in each book shall be kept in the police department, office of city or town marshal, or sheriff's office.(2) The chief of police, marshal, or sheriff shall issue the uniform written citation books, unless the chief of police, marshal, or sheriff designates in writing another person to perform this duty.(3) The chief of police, marshal, or sheriff shall ensure that all citations issued are entered on the arrest report or in the electronic case management system.(4) Upon completion, each uniform written citation book shall immediately be filed with the court clerk and made available for inspection.(5) Upon case adjudication, the police department, office of city or town marshal, or sheriff's office shall file its copy of the citation either alphabetically or numerically.(h) A citation issued by a school resource officer under § 16-81-118 is exempt from the requirements of this section.Amended by Act 2017, No. 714,§ 3, eff. 8/1/2017.Amended by Act 2015, No. 1179,§ 2, eff. 7/22/2015.Acts 1977, No. 332, § 4; A.S.A. 1947, § 22-1104; Acts 2009, No. 456, § 1; 2011, No. 44, § 1; 2011, No. 908, § 3; 2011, No. 1174, § 3.