HB38INTRODUCED
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HB38
5DZN36M-1
By Representative Hill
RFD: Judiciary
First Read: 04-Feb-25
PFD: 29-Aug-24
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6 5DZN36M-1 08/29/2024 CNB (L)bm 2024-2149
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PFD: 29-Aug-24
SYNOPSIS:
This bill would provide that a prosecuting
attorney advising a law enforcement officer or a law
enforcement agency on any matter of criminal procedure,
civil procedure, criminal charges, or criminal
investigations within the prosecuting attorney's scope
of authority is deemed a prosecutorial function.
This bill would also provide for legislative
findings.
A BILL
TO BE ENTITLED
AN ACT
Relating to district attorneys; to add Sections
12-17-184.1 and 12-17-184.2 to the Code of Alabama 1975, to
provide that a prosecuting attorney advising a law enforcement
officer or a law enforcement agency on certain matters is
deemed a prosecutorial function; and to provide for
legislative findings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-17-184.1 is added to the Code of
Alabama 1975, to read as follows:
§12-17-184.1
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§12-17-184.1
The Legislature finds and declares the following:
(1) Upon request by law enforcement, prosecuting
attorneys throughout the state should be able to provide
advice to law enforcement officers on any matter of criminal
procedure, civil procedure, criminal charges, criminal
investigations, or other matters of law within the prosecuting
attorney's scope of authority.
(2) A free and unfettered discussion of factual and
legal issues between prosecuting attorneys and law enforcement
officers, as part of the investigation and charging process,
is essential to the fair and just application of the criminal
laws of this state.
(3) The Legislature encourages free and unfettered
discussions between prosecuting attorneys and law enforcement
as a part of the investigatory and charging process.
(4) The Legislature hereby declares a prosecuting
attorney providing legal advice, as part of the investigatory
and charging process, to law enforcement officers on any
matter related to the application of any statute or rule is a
vital prosecutorial function and an inherent part of the
prosecution of any criminal or civil law or rule within the
prosecuting attorney's scope of authority.
§12-17-184.2
A prosecuting attorney advising a law enforcement
officer or law enforcement agency, as defined in Section
36-21-55, on any matter of criminal procedure, civil
procedure, criminal charges, or criminal investigations within
the prosecuting attorney's scope of authority is deemed a
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the prosecuting attorney's scope of authority is deemed a
prosecutorial function.
Section 2. This act shall become effective immediately.
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