Alabama 2025 Regular Session

Alabama House Bill HB307 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB307ENGROSSED~~
	1	+	HB307INTRODUCED
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3	3		HB307
4		-	~~L55P3AY-2~~
	4	+	XD8BUEZ-1
5	5		By Representatives Hill, Carns
6	6		RFD: Judiciary
7	7		First Read: 18-Feb-25
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12		-	5 ~~HB307 Engrossed~~
	12	+	5 XD8BUEZ-1 02/18/2025 THR (L)ma 2025-891
13	13		Page 1
14	14		First Read: 18-Feb-25
	15	+	SYNOPSIS:
	16	+	This bill would create the Speedy Trial Act and
	17	+	would authorize the Chief Justice of the Alabama
	18	+	Supreme Court to appoint a visiting judge upon the
	19	+	request of the Attorney General or a district attorney.
	20	+	This bill would provide for the compensation of
	21	+	a visiting judge.
	22	+	This bill would provide for the administration
	23	+	and support of a visiting judge's cases.
	24	+	This bill would also create the Speedy Trial
	25	+	Fund and provide for the use of monies in the fund.
15	26		A BILL
16	27		TO BE ENTITLED
17	28		AN ACT
18	29		Relating to courts; to create the Speedy Trial Act; to
19	30		authorize the Chief Justice of the Alabama Supreme Court to
20	31		appoint visiting judges in certain circumstances; to provide a
21	32		process for requesting a visiting judge appointment; to
22	33		provide for the powers of a visiting judge; to provide for the
23	34		compensation and support of a visiting judge; and to create
24	35		the Speedy Trial Fund and provide for the use of monies in the
25	36		fund.
26		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27		-	Section 1. This act shall be known and may be cited as
28		-	the Speedy Trial Act.
29		-	Section 2. (a) The Chief Justice of the Alabama Supreme
30		-	Court, upon request from the Attorney General or a district
31		-	attorney, may appoint a sitting or retired circuit judge to
32		-	temporarily serve in a given circuit as a visiting judge for a
33		-	specific case or cases arising from one or more violent
34		-	offenses, as defined in Section 12-25-32, Code of Alabama
35		-	1975.
36		-	(b) A request submitted pursuant to this section shall
37		-	include both of the following:
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65		-	28 HB307 ~~Engrossed~~
	64	+	28 HB307 INTRODUCED
66	65		Page 2
	66	+	fund.
	67	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	68	+	Section 1. This act shall be known and may be cited as
	69	+	the Speedy Trial Act.
	70	+	Section 2. (a) The Chief Justice of the Alabama Supreme
	71	+	Court, upon request from the Attorney General or a district
	72	+	attorney, may appoint a sitting or retired circuit judge to
	73	+	temporarily serve in a given circuit as a visiting judge for a
	74	+	specific case or cases arising from one or more violent
	75	+	crimes, as defined in Section 12-25-32, Code of Alabama 1975.
	76	+	(b) A request submitted pursuant to this section shall
67	77		include both of the following:
68	78		(1) The specific criminal case assigned to the Attorney
69	79		General or district attorney's office that he or she believes
70	80		needs a visiting judge.
71	81		(2) The reasons the Attorney General or district
72	82		attorney believes that the case needs a visiting judge.
73	83		(c)(1) The Chief Justice shall make a determination on
74	84		a qualifying request made pursuant to this section within 30
75	85		days after receipt of the request.
76	86		(2) If the Chief Justice determines that approving the
77	87		request would serve the public interest, he or she shall
78	88		appoint a visiting judge. The Chief Justice may take into
79	89		account the availability of funds when making a determination.
80	90		(3) A visiting judge shall serve until the final
81	91		adjudication of the matter for which he or she was appointed.
82	92		(d) A visiting judge appointment shall confer on the
83	93		visiting judge all powers, authority, and jurisdiction of the
84	94		respective judgeship to which he or she has been appointed.
85		-	(e)(1) A visiting judge shall be paid all actual and
86		-	necessary expenses as approved by the Chief Justice.
87		-	(2) A retired judge appointed as a visiting judge may
88		-	be entitled to compensation pursuant to Sections 12-18-10 or
89		-	12-18-61, Code of Alabama 1975.
90		-	(f) A county shall provide adequate courtroom space for
91		-	hearings and trials set by a visiting judge.
92		-	(g)(1) A sitting judge appointed as a visiting judge
93		-	may assign his or her official court reporter for hearings and
94		-	trials set by the judge in the host circuit.
95		-	(2) If a special roving reporter is available in the
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123		-	56 HB307 ~~Engrossed~~
	122	+	56 HB307 INTRODUCED
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	124	+	respective judgeship to which he or she has been appointed.
	125	+	(e)(1) A visiting judge shall be paid all actual and
	126	+	necessary expenses as approved by the Chief Justice.
	127	+	(2) A retired judge appointed as a visiting judge may
	128	+	be entitled to compensation pursuant to Sections 12-18-10 or
	129	+	12-18-61, Code of Alabama 1975.
	130	+	(f) A county shall provide adequate courtroom space for
	131	+	hearings and trials set by a visiting judge.
	132	+	(g)(1) A sitting judge appointed as a visiting judge
	133	+	may assign his or her official court reporter for hearings and
	134	+	trials set by the judge in the host circuit.
125	135		(2) If a special roving reporter is available in the
126	136		host circuit, a visiting judge may request to have the special
127	137		roving reporter assigned to his or her hearings and trials in
128	138		the host circuit.
129	139		(3) If the options provided in subdivisions (1) and (2)
130	140		are not available, a visiting judge may request a special
131	141		court reporter for hearings and trials set by a visiting
132	142		judge.
133	143		(4) If the options provided in subdivisions (1) through
134	144		(3) are not available, the Attorney General or a district
135	145		attorney may contract with a court reporter for hearings and
136	146		trials set by a visiting judge.
137	147		(h)(1) A visiting judge shall make every effort to
138	148		conduct jury trials during the host cicruit's scheduled jury
139	149		weeks.
140	150		(2) On motion from the Attorney General or district
141	151		attorney, a visiting judge may empanel an additional jury if
142	152		required to expedite the administration of justice.
143		-	(3) The prohibition against empaneling a special jury
144		-	in a capital murder case in Section 12-16-100, Code of Alabama
145		-	1975, is superseded if the special jury is empaneled in
146		-	accordance with this subsection.
147		-	(i) The Speedy Trial Fund is created in the State
148		-	Treasury. Monies in the fund, at the discretion of the Chief
149		-	Justice, may be used exclusively for expenses authorized by
150		-	this section and shall be budgeted and allotted in accordance
151		-	with Sections 41-4-80 through 41-4-96 and Sections 41-19-1
152		-	through 41-19-12, Code of Alabama 1975.
153		-	Section 3. The presiding circuit judge of each circuit,
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181		-	84 HB307 ~~Engrossed~~
	180	+	84 HB307 INTRODUCED
182	181		Page 4
183		-	Section 3. The presiding circuit judge of each circuit,
184		-	in his or her discretion and the best interests of justice,
185		-	may reassign a case to any other circuit or district judge in
186		-	the circuit without regard to division or specialty.
187		-	Section 4. This act shall become effective on June 1,
	182	+	required to expedite the administration of justice.
	183	+	(3) The prohibition against empaneling a special jury
	184	+	in a capital murder case in Section 12-16-100, Code of Alabama
	185	+	1975, is superseded if the special jury is empaneled in
	186	+	accordance with this subsection.
	187	+	(i) The Speedy Trial Fund is created in the State
	188	+	Treasury. Monies in the fund, at the discretion of the Chief
	189	+	Justice, may be used exclusively for expenses authorized by
	190	+	this section and shall be budgeted and allotted in accordance
	191	+	with Sections 41-4-80 through 41-4-96 and Sections 41-19-1
	192	+	through 41-19-12, Code of Alabama 1975.
	193	+	Section 3. This act shall become effective on June 1,
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193		-	89 HB307 Engrossed
194		-	Page 5
195		-	2025.
196		-	House of Representatives
197		-	Read for the first time and referred
198		-	to the House of Representatives
199		-	committee on Judiciary
200		-	................18-Feb-25
201		-	Read for the second time and placed
202		-	on the calendar:
203		-	1 amendment
204		-	................27-Feb-25
205		-	Read for the third time and passed
206		-	as amended
207		-	Yeas 102
208		-	Nays 0
209		-	Abstains 0
210		-	................18-Mar-25
211		-	John Treadwell
212		-	Clerk
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