Alabama 2025 Regular Session

Alabama House Bill HB14 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB14INTRODUCED
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3	3	HB14
4	4	77YG2EE-1
5	5	By Representatives Ingram, Sells
6	6	RFD: County and Municipal Government
7	7	First Read: 04-Feb-25
8	8	PFD: 08-Jul-24
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14	14	6 77YG2EE-1 06/11/2024 ZAK (L)cr 2024-1890
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16	16	PFD: 08-Jul-24
17	17	SYNOPSIS:
18	18	This bill would authorize the Attorney General
19	19	or Governor to appoint an interim police chief of
20	20	certain municipal police departments.
21	21	This bill would also provide procedures and
22	22	requirements for a municipality with an interim police
23	23	chief.
24	24	A BILL
25	25	TO BE ENTITLED
26	26	AN ACT
27	27	Relating to law enforcement; to authorize the Attorney
28	28	General or Governor to appoint an interim police chief under
29	29	certain conditions; and to provide pertinent procedures and
30	30	requirements for certain municipalities.
31	31	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	Section 1. (a) The Attorney General or Governor, in
33	33	consultation with one another, may appoint an interim police
34	34	chief to superintend any municipal police department if he or
35	35	she determines that a particular and ongoing threat to public
36	36	safety exists within a municipality after doing all of the
37	37	following:
38	38	(1) Reviewing relevant and pertinent federal, state,
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66	66	28 HB14 INTRODUCED
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68	68	(1) Reviewing relevant and pertinent federal, state,
69	69	and local crime statistics.
70	70	(2) Determining that the number of law enforcement
71	71	officers employed by the municipality's police department is
72	72	30 or more percent less than the average number of law
73	73	enforcement officers employed by that police department for
74	74	the preceding 10 years.
75	75	(3) Consulting with the district attorney of the
76	76	circuit in which the municipality is located.
77	77	(4) Consulting with the sheriff of the county in which
78	78	the municipality is located.
79	79	(5) Consulting with victims of crimes committed within
80	80	the municipality.
81	81	(b) The interim police chief shall serve under the
82	82	authority and at the pleasure of his or her appointing
83	83	authority and shall not be subject to the authority of the
84	84	mayor, city council, or other official of the municipality.
85	85	(c) The interim police chief shall serve until the
86	86	Attorney General or Governor, in consultation with one
87	87	another, determines that a particular and ongoing threat to
88	88	public safety no longer exists within the municipality after
89	89	satisfying all of the actions required in subsection (a) .
90	90	(d) The interim police chief shall be paid a salary
91	91	with funds from the operating account of his or her appointing
92	92	authority. The salary shall be set at the discretion of the
93	93	appointing authority.
94	94	(e) The appointing authority may petition the circuit
95	95	court of the county in which the municipality is located for
96	96	the recoupment of any costs incurred in enforcing this
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126	126	the recoupment of any costs incurred in enforcing this
127	127	section, including the payment of the interim police chief's
128	128	salary. If the court finds that the actions required in
129	129	subsection (a) were satisfied at the time of the interim
130	130	police chief's appointment, the court shall award the
131	131	appointing authority all costs associated with the enforcement
132	132	of this section.
133	133	(f) The interim police chief shall be considered an
134	134	officer of the state for purposes of Section 36-1-12, Code of
135	135	Alabama 1975.
136	136	(g) The interim police chief shall provide a
137	137	semimonthly report of the current status of, and the remedial
138	138	actions being taken by, the police department to the mayor and
139	139	city council of the municipality.
140	140	(h) The sheriff of the county in which the municipality
141	141	is located may be appointed to serve as the interim police
142	142	chief. If appointed, the sheriff shall be entitled to
143	143	additional compensation pursuant to subsection (d), not to
144	144	exceed seventy-five thousand dollars ($75,000) per year.
145	145	(i)(1) A municipality with an interim police chief
146	146	shall do both of the following:
147	147	a. Continue to fund the police department in a manner
148	148	and amount commensurate with the average of the five fiscal
149	149	years immediately preceding the interim police chief's
150	150	appointment.
151	151	b. Maintain and form any active or prospective
152	152	agreement, duty, interest in property, or obligation necessary
153	153	for the police department to, at a minimum, maintain a level
154	154	of efficacy and operation commensurate with the average of the
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184	184	of efficacy and operation commensurate with the average of the
185	185	five years immediately preceding the interim police chief's
186	186	appointment.
187	187	(2) A municipality that violates this subsection may
188	188	not receive any funds, grants, or appropriations from the
189	189	State of Alabama until the violation has ceased, as determined
190	190	by the Attorney General or Governor, in consultation with one
191	191	another.
192	192	Section 2. This act shall become effective immediately.
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