Alabama 2025 Regular Session

Alabama House Bill HB345 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB345INTRODUCED
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3	3	HB345
4	4	HXT7383-1
5	5	By Representative Treadaway (N & P)
6	6	RFD: Jefferson County Legislation
7	7	First Read: 27-Feb-25
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12	12	5 HXT7383-1 01/14/2025 THR (L)ma 2025-90
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14	14	First Read: 27-Feb-25
15	15	A BILL
16	16	TO BE ENTITLED
17	17	AN ACT
18	18	Relating to Jefferson County; to provide for the
19	19	appointment and service of special reserve deputies.
20	20	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21	21	Section 1. For the purposes of this act, the following
22	22	terms have the following meanings:
23	23	(1) EMERGENCY WRIT CONDITION. Any time, as determined
24	24	by the sheriff, when more than 250 writs have been issued in
25	25	the county but have not yet been executed.
26	26	(2) SPECIAL RESERVE DEPUTY. An individual appointed by
27	27	the sheriff to serve writs under emergency writ conditions.
28	28	(3) WRIT. A lawful writ issued by the Circuit or
29	29	District Clerk of the Tenth Judicial Circuit relating to the
30	30	seizure or securing of real property located within Jefferson
31	31	County.
32	32	Section 2. (a) During an emergency writ condition, the
33	33	Sheriff of Jefferson County may appoint special reserve
34	34	deputies to assist in the execution of writs or similar
35	35	actions involving the seizure or securing of real property.
36	36	(b) Upon execution of a writ, a special reserve deputy
37	37	shall make return on the writ as normally completed by the
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65	65	28 HB345 INTRODUCED
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67	67	shall make return on the writ as normally completed by the
68	68	sheriff and shall return the writ to the appropriate clerk.
69	69	(c) A special reserve deputy, when acting within the
70	70	scope of his or her duties pursuant to this act and in
71	71	compliance with the law, shall be entitled to the same
72	72	immunities and legal protections provided to deputies under
73	73	Section 36-22-3, Code of Alabama 1975.
74	74	Section 3. (a) Notwithstanding any other provision of
75	75	law, a property owner may pay a fee to a special reserve
76	76	deputy following the service of the writ, a return made upon
77	77	the writ, and the return of the writ to the applicable clerk.
78	78	(b) A fee paid pursuant to this section may not exceed
79	79	two hundred fifty dollars ($250) and shall be paid directly to
80	80	the special reserve deputy.
81	81	(c) A special reserve deputy may not receive any funds
82	82	from the county treasury for the service of writs.
83	83	(d) The sheriff may not receive any fee for any service
84	84	of writ performed by a special reserve deputy.
85	85	Section 4. (a) Prior to appointing an individual to
86	86	serve as a special reserve deputy, the sheriff shall confirm
87	87	that the individual meets all of the following qualifications:
88	88	(1) Is currently certified by the Alabama Peace
89	89	Officers' Standards and Training Commission.
90	90	(2) Is not employed by the sheriff's department at the
91	91	time of his or her appointment as a reserve deputy.
92	92	(3) Has successfully completed training from the
93	93	sheriff for special assignment executing writs within the last
94	94	three years.
95	95	(b) The sheriff shall establish a training program for
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125	125	(b) The sheriff shall establish a training program for
126	126	special reserve deputies and shall maintain documentation of
127	127	all individuals who have successfully completed the training
128	128	and the date on which each individual most recently
129	129	successfully completed the training.
130	130	(c) The sheriff may charge a reasonable fee to each
131	131	individual seeking to complete special reserve deputy
132	132	training.
133	133	Section 5. This act shall become effective on October
134	134	1, 2025.
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