HB312 Alabama 2020 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2020

Title

Criminal procedure, to revise the cricumstances in which a law enforcement officer may arrest an individual without a warrant, Sec. 15-10-3 am'd.

Summary

The bill revises the circumstances under which Alabama police may arrest a person without a warrant.

What This Bill Does

It changes the list of scenarios that justify warrantless arrests, including cases involving domestic violence and elder abuse. It retains authority for arrests when a crime is in progress or a felony is involved, and when there is probable cause, but adds specific conditions related to protective orders. It also requires written reports for domestic violence or elder abuse investigations and imposes a 48-hour custody rule to bring arrestees before a court for protection-order enforcement and bail decisions.

Who It Affects

• Individuals suspected or accused of crimes in Alabama, including felonies, domestic violence, or elder abuse, who could be arrested without a warrant under the revised rules (and may be held for court within 48 hours in DV/elder abuse cases).
• Law enforcement officers, who gain a revised set of warrantless-arrest authority and must follow new reporting and custody procedures (e.g., documenting DV/elder-abuse investigations, presenting or informing about warrants, and enforcing 48-hour custody rules).

Key Provisions

• Amends Section 15-10-3 to redefine when officers may arrest without a warrant, including presence of offense, felonies with probable cause, and incidents involving protective orders, domestic violence, and elder abuse.
• Requires officers to show a warrant to the arrestee if they have it; if not in possession, officers must inform the arrestee of the offense charged and that a warrant exists.
• For investigations of domestic violence or elder abuse, mandates a written report of the alleged incident, complaint, and disposition.
• If arrest under DV/elder abuse provisions, requires the arrestee to be held in custody and brought before the court within 48 hours for enforcement of the protection order and for bail decisions; otherwise bail applies under Alabama rules.
• Effective date is the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure