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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2019 Alabama Legislative Regular Session
  5. 2019 Alabama Senate Bills
  6. SB 190

SB 190

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Signed by Governor
Contents hide
  • 1 Bill Summary
  • 2 Bill Text
  • 3 Bill Actions
  • 4 Bill Votes
  • 5 Bill Documents

Bill Summary

Sponsors
  • Linda Coleman-Madison
Session
Regular Session 2019
Title
Courts, magistrates and clerks of circuit, and district courts, absolute judicial immunity granted under certain conditions
Description

This bill would provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state from any civil lawsuit arising from the exercise of a judicial function of a magistrate

Relating to immunity of magistrates and clerks; to provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state under certain conditions.

Subjects
Courts

Bill Text

Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: SB 190 - Enrolled - PDF

This bill would provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state from any civil lawsuit arising from the exercise of a judicial function of a magistrate

Relating to immunity of magistrates and clerks; to provide absolute judicial immunity to every magistrate and clerk of the circuit and district courts of this state under certain conditions.

Section 1

(a) Notwithstanding any other provision of law to the contrary, every magistrate and clerk of the circuit and district courts of this state shall have absolute judicial immunity from any civil lawsuit that arises from the exercise of a judicial function by a magistrate or clerk. (b) For the purposes of this section, a judicial function is a duty which requires the use of discretion by the magistrate or clerk, including, but not limited to, conducting or executing any of the following: (1) Probable cause hearings and determinations. (2) The issuance and recall of arrest warrants and summonses. (3) Initial appearance hearings. (4) Bail hearings. (5) Any other pretrial release hearing conducted by a circuit or district court magistrate as mandated by statute, the Alabama Rules of Criminal Procedure, or the Alabama Rules of Judicial Administration. (6) Any other law hereinafter enacted by the Legislature. (7) Any other rule hereinafter adopted by the Alabama Supreme Court.

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Bill Actions

Action Date Chamber Action
May 15, 2019 S Assigned Act No. 2019-223.
May 15, 2019 H Signature Requested
May 15, 2019 S Enrolled
May 15, 2019 S Passed Second House
May 14, 2019 H Motion to Read a Third Time and Pass adopted Roll Call 674
May 14, 2019 H Third Reading Passed
May 2, 2019 H Read for the second time and placed on the calendar
April 23, 2019 H Read for the first time and referred to the House of Representatives committee on Judiciary
April 23, 2019 S Engrossed
April 18, 2019 S Motion to Read a Third Time and Pass adopted Roll Call 324
April 18, 2019 S Coleman-Madison motion to Adopt adopted Roll Call 323
April 18, 2019 S Judiciary Amendment Offered
April 18, 2019 S Third Reading Passed
April 11, 2019 S Read for the second time and placed on the calendar 1 amendment
April 2, 2019 S Read for the first time and referred to the Senate committee on Judiciary

Bill Votes

Motion to Read a Third Time and Pass
2019-05-14
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2019-04-18
Chamber: Senate
Result: Passed
Coleman-Madison motion to Adopt
2019-04-18
Chamber: Senate
Result: Passed

Bill Documents

Document Type Document Location
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB190-enr.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB190-eng.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB190-int.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/198982-2.pdf

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