HB307ENGROSSED
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HB307
L55P3AY-2
By Representatives Hill, Carns
RFD: Judiciary
First Read: 18-Feb-25
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First Read: 18-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to courts; to create the Speedy Trial Act; to
authorize the Chief Justice of the Alabama Supreme Court to
appoint visiting judges in certain circumstances; to provide a
process for requesting a visiting judge appointment; to
provide for the powers of a visiting judge; to provide for the
compensation and support of a visiting judge; and to create
the Speedy Trial Fund and provide for the use of monies in the
fund.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Speedy Trial Act.
Section 2. (a) The Chief Justice of the Alabama Supreme
Court, upon request from the Attorney General or a district
attorney, may appoint a sitting or retired circuit judge to
temporarily serve in a given circuit as a visiting judge for a
specific case or cases arising from one or more violent
offenses, as defined in Section 12-25-32, Code of Alabama
1975.
(b) A request submitted pursuant to this section shall
include both of the following:
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include both of the following:
(1) The specific criminal case assigned to the Attorney
General or district attorney's office that he or she believes
needs a visiting judge.
(2) The reasons the Attorney General or district
attorney believes that the case needs a visiting judge.
(c)(1) The Chief Justice shall make a determination on
a qualifying request made pursuant to this section within 30
days after receipt of the request.
(2) If the Chief Justice determines that approving the
request would serve the public interest, he or she shall
appoint a visiting judge. The Chief Justice may take into
account the availability of funds when making a determination.
(3) A visiting judge shall serve until the final
adjudication of the matter for which he or she was appointed.
(d) A visiting judge appointment shall confer on the
visiting judge all powers, authority, and jurisdiction of the
respective judgeship to which he or she has been appointed.
(e)(1) A visiting judge shall be paid all actual and
necessary expenses as approved by the Chief Justice.
(2) A retired judge appointed as a visiting judge may
be entitled to compensation pursuant to Sections 12-18-10 or
12-18-61, Code of Alabama 1975.
(f) A county shall provide adequate courtroom space for
hearings and trials set by a visiting judge.
(g)(1) A sitting judge appointed as a visiting judge
may assign his or her official court reporter for hearings and
trials set by the judge in the host circuit.
(2) If a special roving reporter is available in the
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(2) If a special roving reporter is available in the
host circuit, a visiting judge may request to have the special
roving reporter assigned to his or her hearings and trials in
the host circuit.
(3) If the options provided in subdivisions (1) and (2)
are not available, a visiting judge may request a special
court reporter for hearings and trials set by a visiting
judge.
(4) If the options provided in subdivisions (1) through
(3) are not available, the Attorney General or a district
attorney may contract with a court reporter for hearings and
trials set by a visiting judge.
(h)(1) A visiting judge shall make every effort to
conduct jury trials during the host cicruit's scheduled jury
weeks.
(2) On motion from the Attorney General or district
attorney, a visiting judge may empanel an additional jury if
required to expedite the administration of justice.
(3) The prohibition against empaneling a special jury
in a capital murder case in Section 12-16-100, Code of Alabama
1975, is superseded if the special jury is empaneled in
accordance with this subsection.
(i) The Speedy Trial Fund is created in the State
Treasury. Monies in the fund, at the discretion of the Chief
Justice, may be used exclusively for expenses authorized by
this section and shall be budgeted and allotted in accordance
with Sections 41-4-80 through 41-4-96 and Sections 41-19-1
through 41-19-12, Code of Alabama 1975.
Section 3. The presiding circuit judge of each circuit,
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Section 3. The presiding circuit judge of each circuit,
in his or her discretion and the best interests of justice,
may reassign a case to any other circuit or district judge in
the circuit without regard to division or specialty.
Section 4. This act shall become effective on June 1,
2025.
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2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................18-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................27-Feb-25
Read for the third time and passed
as amended
Yeas 102
Nays 0
Abstains 0
................18-Mar-25
John Treadwell
Clerk
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