HB409 Alabama 2024 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: Jim HillRepresentative
Republican
Session: Regular Session 2024
Title: District Attorneys; absolute immunity established; duties further provided for
Summary: HB409 would allow prosecuting attorneys to advise law enforcement on legal matters and grant them absolute immunity for those duties.
What This Bill Does
The bill adds two new sections to the Alabama Code (12-17-184.1 and 12-17-184.2) that let prosecuting attorneys advise law enforcement on criminal procedure, civil procedure, charges, investigations, and other legal matters within their authority. It declares that providing such advice is a prosecutorial function and part of prosecuting cases. It emphasizes the importance of free, unfettered discussions between prosecutors and law enforcement during investigations and charging. It grants absolute immunity to prosecutors for advisory duties performed under these provisions.

Who It Affects
Prosecuting attorneys (district attorneys, assistant district attorneys, deputy district attorneys, and retired or supernumerary DAs) who would provide legal advice to law enforcement.
Law enforcement officers and agencies who would receive legal advice and engage with prosecutors, with prosecutors protected by absolute immunity for these advisory duties.

Key Provisions
Adds Code sections 12-17-184.1 and 12-17-184.2 to codify the prosecutor's advisory role to law enforcement.
Designates advising on criminal/civil procedures, charges, investigations, or related matters as a prosecutorial function.
Encourages free and unfettered discussions between prosecutors and law enforcement as part of investigations and charging processes.
Provides absolute immunity to prosecutors for advisory duties performed in this context.
Effective date: June 1, 2024.

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