HB74 Alabama 2015 Session

Updated Jul 24, 2021

Summary

Primary Sponsor: Mike Ball
Republican
Session: Regular Session 2015
Title: Public education, definitions, arrest warrants, public school employees, issuance of arrest warrant for actions occurring while performing official duties, procedures
Summary: HB74 creates formal procedures for issuing arrest warrants against public education employees for acts performed during official duties, with defined review and exception rules.
What This Bill Does
Before issuing a misdemeanor arrest warrant for a public education employee’s act during official duties, a district or municipal judge must review the evidence to determine probable cause. Alternatively, the district attorney may present the case to a grand jury to decide if there is adequate probable cause for an indictment. The bill also allows warrantless arrests if the officer is present or there is probable cause, and permits warrants to be issued by a magistrate or judge when there is probable cause and a significant risk of flight or danger. It defines key terms and sets an effective date of July 1, 2015.

Who It Affects
Public education employees (and the public schools they work for) who are alleged to have committed a criminal act while performing official duties, as the new warrant procedures apply to their cases.
Judges (district/municipal) and district attorneys, who have specific duties under the bill to review probable cause and, if needed, present the case to a grand jury.

Key Provisions
Section 1 defines terms: official duties, public education, public education employee, and public schools.
Section 2(a) requires district or municipal judges to review evidence for probable cause before issuing a misdemeanor arrest warrant for acts during official duties.
Section 2(b) allows the district attorney to present charges to a grand jury to determine probable cause for indictment, instead of following pre-warrant procedures.
Section 2(c) preserves warrantless arrests by law enforcement if the offense occurred in the officer’s presence or there is probable cause.
Section 2(d) allows arrest warrants to be issued by a magistrate or a circuit/district/municipal judge with probable cause when there is a significant risk of flight or danger.
Section 3 establishes the act’s effective date of July 1, 2015.

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