SB315 Alabama 2013 Session

Summary

Primary Sponsor

Jerry L. Fielding

Republican

Co-Sponsor

Cam Ward

Session

Regular Session 2013

Title

Public education, definitions, arrest warrants, public school employees, issuance of arrest warrant for actions occurring while performing official duties, procedures

Summary

SB315 creates formal procedures for issuing arrest warrants for public education employees for actions done while performing official duties, with some exceptions.

What This Bill Does

Defines what counts as public education and who is a public school employee. For felony cases, the district attorney or Attorney General must evaluate probable cause and present it to a court for approval, with a possible review of the employee. For misdemeanor or municipal offenses, the local law enforcement agency reviews the case and a magistrate or judge must find probable cause before issuing a warrant or complaint, with the district attorney able to take the case to a grand jury as an alternative. The bill also allows warrantless arrests in certain in-presence situations, includes discipline-related immunities considerations, and sets rules about when warrants can be blocked if there is flight risk or safety concerns.

Who It Affects

• Public education or public school employees: their alleged criminal acts during official duties would be governed by new warrant procedures, review steps, and potential prosecution options.
• Prosecutors and law enforcement: they would handle probable-cause determinations, present cases to courts or grand juries, and decide when to pursue arrest warrants for public education employees.

Key Provisions

• Defines public education, public school employee, and public schools for the act.
• Felony arrest warrants for public education employees require evaluation of probable cause by the district attorney or Attorney General and approval by a court, with a possible employee review.
• Misdemeanor or municipal warrants require review by the relevant law enforcement agency and a magistrate or judge to find probable cause before issuing a warrant or complaint; the district attorney may present to a grand jury as an alternative.
• Allows warrantless arrests in certain in-presence situations with probable cause, subject to limitations.
• Discipline-related offenses may lead to findings on why immunity does not apply in court proceedings.
• Prohibits issuance of warrants in cases with significant flight risk or safety threats, even when probable cause exists.
• Rule 1101(b)(3) of the Alabama Rules of Evidence applies to probable-cause proceedings under the act.
• repeals conflicting laws and becomes effective July 21, 2013.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses