HB236 Alabama 2010 Session

Summary

Primary Sponsor

Johnny Mack Morrow

Democrat

Co-Sponsors

Alan BakerRandy WoodSteve ClouseHoward SanderfordPhil WilliamsFrank McDanielSpencer CollierAllen TreadawayJoe FaustGerald H. AllenDickie DrakeCam WardMike HillMac McCutcheonGregory CanfieldPat MooreJay LoveVictor GastonMike BallWarren Beck

Session

Regular Session 2010

Title

Public education employees and law enforcement officers, offenses committed in the line of duty, arrest warrants, procedures for arrest

Summary

HB236 creates a new process for issuing arrest warrants for misdemeanor offenses by public education employees and law enforcement officers while they are on duty.

What This Bill Does

It requires the magistrate to send any on-duty misdemeanor charges against public education employees or law enforcement officers to the local agency with primary jurisdiction for a probable-cause investigation. If probable cause is found, a warrant must be issued; if not, no warrant. The local district attorney may review the charge and investigation and present it to a grand jury at their discretion. The bill also allows immediate warrants if there is a significant risk of flight or danger, permits warrants to be served during work hours, and prohibits serving campus-based warrants in the presence of students; it becomes law several months after passage and governor approval.

Who It Affects

• Public education employees and law enforcement officers: would be subject to the new on-duty misdemeanor arrest-warrant procedures.
• Local law enforcement agencies, magistrates, and district attorneys (and campus communities): responsible for conducting investigations, determining probable cause, issuing warrants, reviewing cases, and applying campus-serving restrictions.

Key Provisions

• Defines 'public education employee or law enforcement officer' to include anyone employed by federal, state, county, or municipal government or by public colleges, schools, or universities.
• Defines 'in the line of duty' as performing duties within the scope of employment.
• When a misdemeanor charge against such an employee is filed, the magistrate must immediately present it to the local agency with primary jurisdiction for investigation of probable cause.
• If probable cause exists, the magistrate must issue an arrest warrant; if not, no warrant; the charge and investigation may be reviewed by the local district attorney and presented to a grand jury at the DA's discretion.
• Allows immediate arrest warrants if there is significant risk of flight or threat to public safety with adequate evidence.
• Warrants may be served during the workday at the workplace; warrants for campus employees cannot be served in the presence of students.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses