HB304 Alabama 2021 Session

Summary

Primary Sponsor

Kelvin LawrenceRepresentative

Democrat

Session

Regular Session 2021

Title

Sheriff, office vacant or other circumstances, highest ranking deputy to serve, provisions re coroner repealed, Sec. 11-5-5 repealed.

Summary

HB304 would make the highest ranking deputy sheriff act as sheriff when the sheriff’s office is vacant or under certain circumstances, repealing the rule that the county coroner serves as sheriff in those cases.

What This Bill Does

If passed, the highest ranking deputy sheriff in a county would discharge the duties of the sheriff when the office is vacant, the sheriff is incompetent to act, the sheriff is imprisoned, the sheriff is a party to a case, or the probate judge directs. It repeals the existing provision (11-5-5) that allowed a county coroner to serve as sheriff under those circumstances. The measure would take effect immediately after it is approved by the Governor.

Who It Affects

• County sheriff’s offices: the acting sheriff would be the highest ranking deputy sheriff in the county in specified situations.
• County coroners: the provision authorizing coroners to serve as sheriff in those situations would be repealed.

Key Provisions

• Section 1: The highest ranking deputy sheriff shall discharge the duties of the sheriff when (1) the office is vacant until a successor is qualified, (2) the sheriff is incompetent to act, (3) the sheriff is imprisoned, (4) the sheriff is a party, or (5) directed by the judge of probate.
• Section 2: Repeals Section 11-5-5 of the Code of Alabama 1975, relating to the county coroner serving as sheriff under certain conditions.
• Section 3: The act becomes effective immediately following its passage and approval by the Governor.

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

Subjects

Coroners