HB386INTRODUCED
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HB386
SUU9587-1
By Representative Treadaway (N & P)
RFD: Jefferson County Legislation
First Read: 02-Apr-24
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5 SUU9587-1 03/05/2024 FC (L)ma 2024-675
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First Read: 02-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to Jefferson County; to confirm the power of
the Sheriff of Jefferson County to appoint reserve deputies to
assist in performing and executing Writs of Possession or
Writs of Restitution or similar actions involving the seizure
or securing of real property under emergency conditions in the
county; to provide for the payment of a fee to the reserve
deputy by private parties for services provided pursuant to
this bill; and to provide for training of reserve deputies
prior to executing the writs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. A new Part 7 is added to Title 45, Chapter
37, Article 23 of the Code of Alabama 1975, consisting of
Sections 45-37-236 to 45-37-236.3 to read as follows:
PART 7. RESERVE DEPUTIES
§45-37-236. Definitions.
For the purposes of this part, the following words have
the following meanings:
(1) EMERGENCY WRIT CONDITION. Any time as determined by
the sheriff, when there are more than two hundred fifty Writs
of Possession or Writs of Execution issued and unexecuted in
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of Possession or Writs of Execution issued and unexecuted in
the county.
(2) RESERVE DEPUTY. A reserve deputy appointed by the
sheriff who meets the following qualifications:
a. Is currently certified by the Alabama Peace
Officers' Standards and Training Commission.
b. Is not employed by the Jefferson County Sheriff's
Department at the time of appointment and service.
c. Is trained by the Jefferson County Sheriff for
special assignment to perform duties consistent with this
part.
(3) WRIT OF EXECUTION or WRIT OF POSSESSION. A lawful
writ issued by the Circuit or District Court Clerk of
Jefferson County relating to the seizure or securing of real
property located in the county.
§45-37-236.1. Power of Jefferson County Sheriff to
appoint Reserve Deputies to Execute Writs of Possession or
Writs of Execution.
(a) In an emergency writ condition, the Jefferson
County Sheriff may appoint and deputize reserve deputies to
assist in the execution of Writs of Possession or Writs of
Execution or similar actions involving the seizure or securing
of real property.
(b) Any duly appointed and deputized reserve deputy
shall perform duties under this part upon request by the
Jefferson County Sheriff when requested to serve a writ duly
issued by the Jefferson County Circuit or District Clerk.
(c) Upon execution of the writ, the reserve deputy
shall make return on the writ as normally completed by the
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shall make return on the writ as normally completed by the
sheriff and return the writ to the court clerk.
(d) In exercising powers and duties pursuant to this
part, the reserve deputy shall be entitled to the same
immunities and legal protections provided to reserve deputies
under Section 36-22-3, Code of Alabama 1975, as long as the
reserve deputy is acting within the line and scope of his or
her duties and is acting in compliance with law.
§45-37-236.2. Payment of fees by Private Parties to
Reserve Deputies for Executing Writs.
(a) For execution and return of writs under this part,
notwithstanding any other provision of law, a reserve deputy
in Jefferson County may be paid a fee by the property owner
for execution of the writ. The fee shall not exceed two
hundred fifty dollars ($250) for each writ executed.
(b) The fee provided for in this section shall be paid
directly to the reserve deputy by the property owner without
the submission of a certified statement to the court clerk and
the reserve deputy shall receive no funds from the county
treasury for the services.
(c) The fee provided for in this section shall not be
payable by the property owner unless proper return is made
upon the writ and the writ is returned to the court clerk.
(d) The Jefferson County Sheriff shall not receive any
fee related to the service, except as otherwise authorized by
law.
§45-37-236.3 Training Required for Reserve Deputies.
(a) Prior to the Jefferson County Sheriff delivering a
writ to a reserve deputy for execution as provided for in this
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writ to a reserve deputy for execution as provided for in this
part, the sheriff shall require the reserve deputy to
successfully do the following:
(1) Submit proof that the reserve deputy is certified
by the Alabama Peace Officers' Standards and Training
Commission.
(2) Complete training by the Jefferson County Sheriff's
Department on the legal and proper procedures for the
execution of writs of execution or possession.
(b) The sheriff shall establish a training program and
provide any necessary documentation or certification to prove
the completion of the training required in this section. The
sheriff shall require the training to be renewed by the
reserve deputy at least every three years, or sooner if
required by the sheriff.
(c) The sheriff may charge each reserve deputy a fee,
set by the sheriff, for the training and certification of
completion of the training.
Section 2. This act shall supersede Act 592 of the 1967
Regular Session (Acts 1967, p. 1378), providing for the
appointment of reserve deputy sheriffs in Jefferson County, to
the extent of any conflict.
Section 3. This act shall become effective on June 1,
2024.
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