HB296INTRODUCED
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HB296
EJS54CC-1
By Representatives Sells, Lee, Mooney, Stringer, Pettus,
Bedsole, Brown, Sorrells
RFD: Public Safety and Homeland Security
First Read: 18-Feb-25
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6 EJS54CC-1 02/17/2025 CMH (L)CMH 2025-631
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First Read: 18-Feb-25
SYNOPSIS:
Under existing law, a person commits the crime
of resisting arrest if the person intentionally
prevents or attempts to prevent a peace officer from
arresting the person or another person.
This bill would provide that a person who
resists arrest shall be held in custody for 24 hours
before becoming eligible for release.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-10-41, Code of Alabama 1975, to provide for a mandatory
temporary holding period for persons who resist arrest.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-10-41, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-10-41
(a) A person commits the crime of resisting arrest if
he or she intentionally prevents or attempts to prevent a
peace officer from affecting a lawful arrest of himself ,
herself, or of another person.
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herself, or of another person.
(b) A person who violates this section shall be subject
to a temporary holding period and shall held in custody and
not released on bail or otherwise until the passage of 24
hours has occurred from the time of the arrest.
(b)(c) Resisting arrest is a Class B misdemeanor."
Section 2. This act shall become effective on October
1, 2025.
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