SB178INTRODUCED
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SB178
KHPQ85A-1
By Senator Barfoot
RFD: Judiciary
First Read: 18-Feb-25
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5 KHPQ85A-1 02/18/2025 THR (L)ma 2025-865
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First Read: 18-Feb-25
SYNOPSIS:
This bill would create the Speedy Trial Act and
would authorize the Chief Justice of the Alabama
Supreme Court to appoint a visiting judge upon the
request of the Attorney General or a district attorney.
This bill would provide for the compensation of
a visiting judge.
This bill would provide for the administration
and support of a visiting judge's cases.
This bill would also create the Speedy Trial
Fund and provide for the use of monies in the fund.
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.
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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
crimes, 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:
(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.
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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
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.
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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. This act shall become effective on June 1,
2025.
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