HB156INTRODUCED
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HB156
Z5BCWWR-1
By Representative Lee
RFD: Judiciary
First Read: 04-Feb-25
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5 Z5BCWWR-1 01/23/2025 THR (L)THR 2025-227
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, an individual may only be
arrested on an out-of-state warrant if the individual
has been charged with a crime punishable by death or
life imprisonment.
This bill would provide that an individual may
be arrested on an out-of-state warrant for any crime
that would constitute a felony in this state or if the
arresting officer has actual knowledge that an
out-of-state warrant has been issued for the individual
for a felony or misdemeanor in accordance with the laws
of that state.
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Sections
15-9-41 and 15-10-3, Code of Alabama 1975, to further provide
for arrests in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-9-41 and 15-10-3, Code of
Alabama 1975, are amended to read as follows:
"§15-9-41
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"§15-9-41
The arrest of a person an individual may be lawfully
made also by an officer or a private citizen without a warrant
upon reasonable information that the accused stands charged in
the courts of another state with a crime punishable by death
or life imprisonment in the courts of another state that would
constitute a felony in this state . When so arrested, the
accused must be taken before a district or circuit court judge
with all practicable speed , and the complaint must be made
against him or her under oath setting forth the ground for the
arrest as in Section 15-9-40 ,.and thereafter Thereafter, his
or her answer shall be heard as if he or she had been arrested
on a warrant."
"§15-10-3
(a) An officer may arrest a person an individual
without a warrant, on any day and at any time , in any of the
following instances:
(1) If a public offense has been committed or a breach
of the peace threatened in the presence of the officer.
(2) When a felony has been committed, though not in the
presence of the officer, by the person individual arrested.
(3) When a felony has been committed and the officer
has probable cause to believe that the person individual
arrested committed the felony.
(4) When the officer has probable cause to believe that
the person individual arrested has committed a felony,
although it may afterwards appear that a felony had not in
fact been committed.
(5) When a charge has been made, upon probable cause,
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(5) When a charge has been made, upon probable cause,
that the person individual arrested has committed a felony.
(6) When the officer has actual knowledge that a
warrant for the person's individual's arrest for the
commission of a felony or misdemeanor has been issued,
provided the warrant was issued in this state in accordance
with this chapter or by the courts of another state . However,
upon request, the officer shall show the warrant to the
arrested person individual as soon as possible. If the officer
does not have the warrant in his or her possession at the time
of arrest the officer shall inform the defendant individual of
the offense charged and of the fact that a warrant has been
issued.
(7) When the officer has probable cause to believe that
a felony or misdemeanor has been committed by the person
individual arrested in violation of a protection order,
including a domestic violence protection order or an elder
abuse protection order, issued by a court of competent
jurisdiction.
(8) When an offense involves a crime of domestic
violence, including domestic violence in the first degree,
pursuant to Section 13A-6-130, domestic violence in the second
degree, pursuant to Section 13A-6-131, domestic violence in
the third degree, pursuant to Section 13A-6-132, interference
with a domestic violence emergency call, in violation of
Section 13A-6-137, or domestic violence by strangulation or
suffocation, pursuant to Section 13A-6-138, or elder abuse as
defined in Section 38-9F-3, and the arrest is based on
probable cause.
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probable cause.
(b) When a law enforcement officer investigates an
allegation of domestic violence or elder abuse, whether or not
an arrest is made, the officer shall make a written report of
the alleged incident, including a statement of the complaint,
and the disposition of the case.
(c) If the defendant an individual is arrested under
this section for committing an act of domestic violence,
including domestic violence in the first degree, pursuant to
Section 13A-6-130, domestic violence in the second degree,
pursuant to Section 13A-6-131, domestic violence in the third
degree, pursuant to Section 13A-6-132, interference with a
domestic violence emergency call, in violation of Section
13A-6-137, or domestic violence by strangulation or
suffocation, pursuant to Section 13A-6-138, in violation of a
domestic violence protection order, or an act of elder abuse
in violation of an elder abuse protection order, the defendant
individual shall be held in custody until brought before the
court within 48 hours for the purpose of enforcing the
protection order and for consideration of bail in accordance
with Section 15-13-190 and the applicable rules of criminal
procedure, pending a hearing. If the defendant individual is
not brought before the court within 48 hours, the defendant
individual shall be subject to bail according to the Alabama
Rules of Criminal Procedure."
Section 2. This act shall become effective immediately.
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