HB194 Alabama 2010 Session

Summary

Primary Sponsor

Lesley Vance

Republican

Co-Sponsors

Dickie DrakeGerald H. AllenSteve McMillanJim McClendonSteve ClouseBarry MaskMicky HammonGreg WrenGregory CanfieldMac McCutcheonJohnny Mack MorrowJeremy OdenElwyn ThomasCam WardTodd GreesonRandy DavisH. Mac GipsonMike HillFrank McDaniel

Session

Regular Session 2010

Title

Federal law enforcement officers, permission of sheriff or Attorney General required before conducting arrest or search and seizure, district attorney required to prosecute violations, supremacy of sheriff as chief law enforcement officer of county declared

Description

This bill would provide that the sheriff is the senior law enforcement officer of the county.

This bill would require a federal employee, before conducting an arrest or a search and seizure in this state, to obtain permission from the sheriff of the county in which the arrest or the search and seizure would take place, or the Attorney General if the sheriff refuses permission.

This bill would provide exceptions.

This bill would require the district attorney to prosecute for kidnapping or theft or any other applicable offense any federal employee who conducts an arrest or a search and seizure without first obtaining permission.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses