Alabama 2025 Regular Session

Alabama Senate Bill SB178 Compare Versions

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

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1	1	SB178INTRODUCED
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3	3	SB178
4	4	KHPQ85A-1
5	5	By Senator Barfoot
6	6	RFD: Judiciary
7	7	First Read: 18-Feb-25
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12	12	5 KHPQ85A-1 02/18/2025 THR (L)ma 2025-865
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14	14	First Read: 18-Feb-25
15	15	SYNOPSIS:
16	16	This bill would create the Speedy Trial Act and
17	17	would authorize the Chief Justice of the Alabama
18	18	Supreme Court to appoint a visiting judge upon the
19	19	request of the Attorney General or a district attorney.
20	20	This bill would provide for the compensation of
21	21	a visiting judge.
22	22	This bill would provide for the administration
23	23	and support of a visiting judge's cases.
24	24	This bill would also create the Speedy Trial
25	25	Fund and provide for the use of monies in the fund.
26	26	A BILL
27	27	TO BE ENTITLED
28	28	AN ACT
29	29	Relating to courts; to create the Speedy Trial Act; to
30	30	authorize the Chief Justice of the Alabama Supreme Court to
31	31	appoint visiting judges in certain circumstances; to provide a
32	32	process for requesting a visiting judge appointment; to
33	33	provide for the powers of a visiting judge; to provide for the
34	34	compensation and support of a visiting judge; and to create
35	35	the Speedy Trial Fund and provide for the use of monies in the
36	36	fund.
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64	64	28 SB178 INTRODUCED
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66	66	fund.
67	67	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
68	68	Section 1. This act shall be known and may be cited as
69	69	the Speedy Trial Act.
70	70	Section 2. (a) The Chief Justice of the Alabama Supreme
71	71	Court, upon request from the Attorney General or a district
72	72	attorney, may appoint a sitting or retired circuit judge to
73	73	temporarily serve in a given circuit as a visiting judge for a
74	74	specific case or cases arising from one or more violent
75	75	crimes, as defined in Section 12-25-32, Code of Alabama 1975.
76	76	(b) A request submitted pursuant to this section shall
77	77	include both of the following:
78	78	(1) The specific criminal case assigned to the Attorney
79	79	General or district attorney's office that he or she believes
80	80	needs a visiting judge.
81	81	(2) The reasons the Attorney General or district
82	82	attorney believes that the case needs a visiting judge.
83	83	(c)(1) The Chief Justice shall make a determination on
84	84	a qualifying request made pursuant to this section within 30
85	85	days after receipt of the request.
86	86	(2) If the Chief Justice determines that approving the
87	87	request would serve the public interest, he or she shall
88	88	appoint a visiting judge. The Chief Justice may take into
89	89	account the availability of funds when making a determination.
90	90	(3) A visiting judge shall serve until the final
91	91	adjudication of the matter for which he or she was appointed.
92	92	(d) A visiting judge appointment shall confer on the
93	93	visiting judge all powers, authority, and jurisdiction of the
94	94	respective judgeship to which he or she has been appointed.
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124	124	respective judgeship to which he or she has been appointed.
125	125	(e)(1) A visiting judge shall be paid all actual and
126	126	necessary expenses as approved by the Chief Justice.
127	127	(2) A retired judge appointed as a visiting judge may
128	128	be entitled to compensation pursuant to Sections 12-18-10 or
129	129	12-18-61, Code of Alabama 1975.
130	130	(f) A county shall provide adequate courtroom space for
131	131	hearings and trials set by a visiting judge.
132	132	(g)(1) A sitting judge appointed as a visiting judge
133	133	may assign his or her official court reporter for hearings and
134	134	trials set by the judge in the host circuit.
135	135	(2) If a special roving reporter is available in the
136	136	host circuit, a visiting judge may request to have the special
137	137	roving reporter assigned to his or her hearings and trials in
138	138	the host circuit.
139	139	(3) If the options provided in subdivisions (1) and (2)
140	140	are not available, a visiting judge may request a special
141	141	court reporter for hearings and trials set by a visiting
142	142	judge.
143	143	(4) If the options provided in subdivisions (1) through
144	144	(3) are not available, the Attorney General or a district
145	145	attorney may contract with a court reporter for hearings and
146	146	trials set by a visiting judge.
147	147	(h)(1) A visiting judge shall make every effort to
148	148	conduct jury trials during the host cicruit's scheduled jury
149	149	weeks.
150	150	(2) On motion from the Attorney General or district
151	151	attorney, a visiting judge may empanel an additional jury if
152	152	required to expedite the administration of justice.
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182	182	required to expedite the administration of justice.
183	183	(3) The prohibition against empaneling a special jury
184	184	in a capital murder case in Section 12-16-100, Code of Alabama
185	185	1975, is superseded if the special jury is empaneled in
186	186	accordance with this subsection.
187	187	(i) The Speedy Trial Fund is created in the State
188	188	Treasury. Monies in the fund, at the discretion of the Chief
189	189	Justice, may be used exclusively for expenses authorized by
190	190	this section and shall be budgeted and allotted in accordance
191	191	with Sections 41-4-80 through 41-4-96 and Sections 41-19-1
192	192	through 41-19-12, Code of Alabama 1975.
193	193	Section 3. This act shall become effective on June 1,
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