| 15 | + | SYNOPSIS: |
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| 16 | + | This bill would allow a district attorney, |
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| 17 | + | assistant district attorney, deputy district attorney, |
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| 18 | + | retired district attorney, and supernumerary district |
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| 19 | + | attorney to advise law enforcement on any matter of |
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| 20 | + | criminal procedure, civil procedure, criminal charges, |
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| 21 | + | criminal investigation, or any matters of law. |
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| 22 | + | This bill would also provide a district |
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| 23 | + | attorney, assistant district attorney, deputy district |
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| 24 | + | attorney, and supernumerary district attorney with |
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| 25 | + | absolute immunity in the performance of his or her |
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| 26 | + | duties. |
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| 18 | | - | Relating to district attorneys; to add Sections |
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| 19 | | - | 12-17-184.1 and 12-17-184.2 to the Code of Alabama 1975, to |
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| 20 | | - | provide that a prosecuting attorney advising a law enforcement |
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| 21 | | - | officer or a law enforcement agency on certain matters is |
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| 22 | | - | deemed a prosecutorial function; and to provide for |
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| 23 | | - | legislative findings. |
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| 24 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 25 | | - | Section 1. Section 12-17-184.1 is added to the Code of |
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| 26 | | - | Alabama 1975, to read as follows: |
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| 27 | | - | §12-17-184.1 |
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| 28 | | - | The Legislature finds and declares the following: |
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| 29 | | - | (1) Upon request by law enforcement, prosecuting |
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| 30 | | - | attorneys throughout the state should be able to provide |
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| 31 | | - | advice to law enforcement officers on any matter of criminal |
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| 32 | | - | procedure, civil procedure, criminal charges, criminal |
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| 33 | | - | investigations, or other matters of law within the prosecuting |
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| 34 | | - | attorney's scope of authority. |
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| 35 | | - | (2) A free and unfettered discussion of factual and |
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| 36 | | - | legal issues between prosecuting attorneys and law enforcement |
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| 37 | | - | officers, as part of the investigation and charging process, |
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| 30 | + | Relating to district attorneys; to add Section |
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| 31 | + | 12-17-184.1 to the Code of Alabama 1975, to provide that a |
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| 32 | + | district attorney, assistant district attorney, deputy |
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| 33 | + | district attorney, retired district attorney, and |
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| 34 | + | supernumerary district attorney may advise law enforcement |
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| 35 | + | officers in civil and criminal matters; and to provide that a |
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| 36 | + | district attorney, assistant district attorney, deputy |
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| 67 | | - | officers, as part of the investigation and charging process, |
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| 68 | | - | is essential to the fair and just application of the criminal |
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| 69 | | - | laws of this state. |
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| 70 | | - | (3) The Legislature encourages free and unfettered |
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| 71 | | - | discussions between prosecuting attorneys and law enforcement |
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| 72 | | - | as a part of the investigatory and charging process. |
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| 73 | | - | (4) The Legislature hereby declares a prosecuting |
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| 74 | | - | attorney providing legal advice, as part of the investigatory |
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| 75 | | - | and charging process, to law enforcement officers on any |
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| 76 | | - | matter related to the application of any statute or rule is a |
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| 77 | | - | vital prosecutorial function and an inherent part of the |
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| 78 | | - | prosecution of any criminal or civil law or rule within the |
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| 79 | | - | prosecuting attorney's scope of authority. |
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| 80 | | - | §12-17-184.2 |
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| 81 | | - | A prosecuting attorney advising a law enforcement |
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| 82 | | - | officer or law enforcement agency, as defined in Section |
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| 66 | + | district attorney, assistant district attorney, deputy |
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| 67 | + | district attorney, and supernumerary district attorney are |
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| 68 | + | provided absolute immunity in certain circumstances. |
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| 69 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 70 | + | Section 1. Section 12-17-184.1 is added to the Code of |
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| 71 | + | Alabama 1975, to read as follows: |
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| 72 | + | §12-17-184.1 |
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| 73 | + | A district attorney, assistant district attorney, |
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| 74 | + | deputy district attorney, retired district attorney, and |
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| 75 | + | supernumerary district attorney when called into service |
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| 76 | + | pursuant to Section 12-17-216, may advise a law enforcement |
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| 77 | + | officer or a law enforcement agency, as defined in Section |
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| 84 | | - | procedure, criminal charges, or criminal investigations within |
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| 85 | | - | the prosecuting attorney's scope of authority is deemed a |
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| 86 | | - | prosecutorial function. |
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| 87 | | - | Section 2. This act shall become effective on June 1, |
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| 79 | + | procedure, criminal charges, criminal investigations, or other |
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| 80 | + | matters of law. |
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| 81 | + | Section 2. A district attorney, assistant district |
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| 82 | + | attorney, deputy district attorney, retired district attorney, |
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| 83 | + | and supernumerary district attorney when called into service |
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| 84 | + | pursuant to Section 12-17-216, Code of Alabama 1975, shall |
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| 85 | + | have absolute immunity from any civil suit arising from the |
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| 86 | + | execution of any duty or any function assigned by law. |
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| 87 | + | Section 3. This act shall become effective on June 1, |
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