AL
Alabama House Bill HB156

Alabama 2025 Regular Session

Alabama House Bill HB156 Compare Versions

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1-HB156ENGROSSED
1+HB156INTRODUCED
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33 HB156
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55 By Representative Lee
66 RFD: Judiciary
77 First Read: 04-Feb-25
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12-5 HB156 Engrossed
12+5 Z5BCWWR-1 01/23/2025 THR (L)THR 2025-227
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1414 First Read: 04-Feb-25
15+SYNOPSIS:
16+Under existing law, an individual may only be
17+arrested on an out-of-state warrant if the individual
18+has been charged with a crime punishable by death or
19+life imprisonment.
20+This bill would provide that an individual may
21+be arrested on an out-of-state warrant for any crime
22+that would constitute a felony in this state or if the
23+arresting officer has actual knowledge that an
24+out-of-state warrant has been issued for the individual
25+for a felony or misdemeanor in accordance with the laws
26+of that state.
1527 A BILL
1628 TO BE ENTITLED
1729 AN ACT
18-Relating to criminal procedure; to amend Section
19-15-9-41, Code of Alabama 1975; to further provide for the
20-arrest of an individual for an out-of-state warrant.
30+Relating to criminal procedure; to amend Sections
31+15-9-41 and 15-10-3, Code of Alabama 1975, to further provide
32+for arrests in certain circumstances.
2133 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22-Section 1. Section 15-9-41, Code of Alabama 1975, is
23-amended to read as follows:
34+Section 1. Sections 15-9-41 and 15-10-3, Code of
35+Alabama 1975, are amended to read as follows:
2436 "§15-9-41
25-The arrest of a person an individual may be lawfully
26-made also by an officer or a private citizen without a warrant
27-upon reasonable information that the accused stands charged in
28-the courts of another state with a crime punishable by death
29-or life imprisonment in the courts of another state for a term
30-exceeding one year . When so arrested, the accused must be
31-taken before a district or circuit court judge with all
32-practicable speed , and the complaint must be made against him
33-or her under oath setting forth the ground for the arrest as
34-in Section 15-9-40 ,.and thereafter Thereafter, his or her
35-answer shall be heard as if he or she had been arrested on a
36-warrant."
37-Section 2. This act shall become effective immediately.
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64+28 HB156 INTRODUCED
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67-Section 2. This act shall become effective immediately.
68-House of Representatives
69-Read for the first time and referred
70-to the House of Representatives
71-committee on Judiciary
72-................04-Feb-25
73-Read for the second time and placed
74-on the calendar:
75- 0 amendments
76-................12-Feb-25
77-Read for the third time and passed
78-as amended
79-Yeas 92
80-Nays 0
81-Abstains 11
82-................13-Feb-25
83-John Treadwell
84-Clerk
66+"§15-9-41
67+The arrest of a person an individual may be lawfully
68+made also by an officer or a private citizen without a warrant
69+upon reasonable information that the accused stands charged in
70+the courts of another state with a crime punishable by death
71+or life imprisonment in the courts of another state that would
72+constitute a felony in this state . When so arrested, the
73+accused must be taken before a district or circuit court judge
74+with all practicable speed , and the complaint must be made
75+against him or her under oath setting forth the ground for the
76+arrest as in Section 15-9-40 ,.and thereafter Thereafter, his
77+or her answer shall be heard as if he or she had been arrested
78+on a warrant."
79+"§15-10-3
80+(a) An officer may arrest a person an individual
81+without a warrant, on any day and at any time , in any of the
82+following instances:
83+(1) If a public offense has been committed or a breach
84+of the peace threatened in the presence of the officer.
85+(2) When a felony has been committed, though not in the
86+presence of the officer, by the person individual arrested.
87+(3) When a felony has been committed and the officer
88+has probable cause to believe that the person individual
89+arrested committed the felony.
90+(4) When the officer has probable cause to believe that
91+the person individual arrested has committed a felony,
92+although it may afterwards appear that a felony had not in
93+fact been committed.
94+(5) When a charge has been made, upon probable cause,
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124+(5) When a charge has been made, upon probable cause,
125+that the person individual arrested has committed a felony.
126+(6) When the officer has actual knowledge that a
127+warrant for the person's individual's arrest for the
128+commission of a felony or misdemeanor has been issued,
129+provided the warrant was issued in this state in accordance
130+with this chapter or by the courts of another state . However,
131+upon request, the officer shall show the warrant to the
132+arrested person individual as soon as possible. If the officer
133+does not have the warrant in his or her possession at the time
134+of arrest the officer shall inform the defendant individual of
135+the offense charged and of the fact that a warrant has been
136+issued.
137+(7) When the officer has probable cause to believe that
138+a felony or misdemeanor has been committed by the person
139+individual arrested in violation of a protection order,
140+including a domestic violence protection order or an elder
141+abuse protection order, issued by a court of competent
142+jurisdiction.
143+(8) When an offense involves a crime of domestic
144+violence, including domestic violence in the first degree,
145+pursuant to Section 13A-6-130, domestic violence in the second
146+degree, pursuant to Section 13A-6-131, domestic violence in
147+the third degree, pursuant to Section 13A-6-132, interference
148+with a domestic violence emergency call, in violation of
149+Section 13A-6-137, or domestic violence by strangulation or
150+suffocation, pursuant to Section 13A-6-138, or elder abuse as
151+defined in Section 38-9F-3, and the arrest is based on
152+probable cause.
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182+probable cause.
183+(b) When a law enforcement officer investigates an
184+allegation of domestic violence or elder abuse, whether or not
185+an arrest is made, the officer shall make a written report of
186+the alleged incident, including a statement of the complaint,
187+and the disposition of the case.
188+(c) If the defendant an individual is arrested under
189+this section for committing an act of domestic violence,
190+including domestic violence in the first degree, pursuant to
191+Section 13A-6-130, domestic violence in the second degree,
192+pursuant to Section 13A-6-131, domestic violence in the third
193+degree, pursuant to Section 13A-6-132, interference with a
194+domestic violence emergency call, in violation of Section
195+13A-6-137, or domestic violence by strangulation or
196+suffocation, pursuant to Section 13A-6-138, in violation of a
197+domestic violence protection order, or an act of elder abuse
198+in violation of an elder abuse protection order, the defendant
199+individual shall be held in custody until brought before the
200+court within 48 hours for the purpose of enforcing the
201+protection order and for consideration of bail in accordance
202+with Section 15-13-190 and the applicable rules of criminal
203+procedure, pending a hearing. If the defendant individual is
204+not brought before the court within 48 hours, the defendant
205+individual shall be subject to bail according to the Alabama
206+Rules of Criminal Procedure."
207+Section 2. This act shall become effective immediately.
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