SB161 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

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Sheriff, office vacant or other circumstances, highest ranking deputy to serve, provisions re coroner repealed, Sec. 11-5-5 repealed.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

SB161 says the highest ranking deputy sheriff will act as sheriff when the office is vacant or the sheriff can't act, and it repeals the rule that coroners can serve as sheriff in those situations.

What This Bill Does

It designates the highest ranking deputy sheriff to discharge the duties of the sheriff in cases of vacancy, incompetence, imprisonment, if the sheriff is a party to a case, or when directed by the probate judge. It repeals the existing provision (Section 11-5-5) that allows a county coroner to serve as sheriff under certain conditions. The act becomes effective immediately after passage and the governor's approval.

Who It Affects

• Highest ranking deputy sheriff in each county will serve as acting sheriff in specified circumstances (vacancy, incompetence, imprisonment, party to a case, or probate judge's direction).
• County coroners, whose authority to serve as sheriff under certain conditions would be repealed, removing that pathway for acting sheriff.

Key Provisions

• Section 1: The highest ranking deputy sheriff shall discharge the duties of the sheriff when the office is vacant, the sheriff is incompetent, imprisoned, a party to a case, or as directed by the judge of probate.
• Section 2: Repeals Section 11-5-5 of the Code of Alabama 1975, which related 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, or otherwise becoming law.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Coroners