HB265 Alabama 2011 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Co-Sponsors

Blaine GalliherAllen TreadawayK.L. BrownTerri CollinsDan WilliamsEd HenryBecky NordgrenDonnie ChesteenJim PattersonWayne JohnsonDavid ColstonMark TuggleDarrio MeltonHoward SanderfordDuwayne BridgesChris EnglandMike MillicanJohn RobinsonPatricia ToddJohnny Mack MorrowMac McCutcheonJay LoveJack WilliamsJoe HubbardHarry ShiverJoe FaustAlan BakerJim McClendonAllen Farley

Session

Regular Session 2011

Title

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

Summary

The bill creates a special process to issue arrest warrants for misdemeanor offenses against public education employees or law enforcement officers while they are performing their duties.

What This Bill Does

If a misdemeanor charge is filed against such an employee, the magistrate must first refer the charge to the local law enforcement agency with primary jurisdiction for investigation of probable cause. If probable cause exists, a warrant is issued; if not, no warrant is issued. The local district attorney may review the case and present it to a grand jury at the district attorney’s discretion. It also allows warrants to be issued if there is probable cause and a significant risk of flight or threat to public safety, and sets conditions for serving warrants, including not serving on campus in the presence of students.

Who It Affects

• Public education employees and law enforcement officers who are at work when a misdemeanor offense occurs; the new procedures directly govern how warrants are issued for them.
• Local law enforcement agencies with jurisdiction over the location of the offense and local district attorneys, who must conduct investigations, determine probable cause, and decide on further review or grand jury actions.

Key Provisions

• Defines 'in the line of duty' and broadens 'public education employee or law enforcement officer' to include workers at federal, state, county, or municipal levels or at public schools, colleges, or universities.
• Establishes a step-by-step process: magistrate receives the charge, refers it to the appropriate local agency, agency investigates for probable cause, and if probable cause exists, issues a warrant; if not, no warrant.
• Allows warrants outside the line-of-duty procedure if there is probable cause and a significant risk of flight or public safety threat.
• Specifies warrant service rules: may be served during the workday at the workplace, but on campuses, warrants cannot be served in the presence of a student.
• Effective date: becomes law on the first day of the third month after passage.

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