House Bill 198 Alabama 2026 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

2026 Regular Session

Title

Sheriffs; appointment of special reserve deputies authorized

Summary

HB198 would let Alabama sheriffs appoint special reserve deputies to help execute writs of seizure when more than 250 writs are outstanding in a county.

What This Bill Does

The sheriff may appoint special reserve deputies to assist in executing writs of seizure under an emergency writ condition when more than 250 writs have been issued in the county but have not yet been executed. These deputies must be certified, not currently employed by the sheriff's department, and must complete sheriff-approved training within the last three years; the sheriff must establish a training program and keep records of who completed training and when. After a writ is executed, the deputy files the usual return, and the petitioner pays directly to the deputy a service fee of up to $250; the sheriff and county treasury do not fund or receive this fee. Special reserve deputies have the same immunities and legal protections as regular deputies, and the act takes effect on October 1, 2026.

Who It Affects

• Sheriffs and county law enforcement: may appoint and manage special reserve deputies, establish training requirements, and regulate the service fee (without county funding).
• Petitioners seeking writs of seizure (such as property owners or lenders): may be charged a service fee up to $250 for the execution of a writ, paid directly to the special reserve deputy.

Key Provisions

• Emergency Writ Condition defined as more than 250 writs issued in the county but not yet executed.
• Authorizes sheriff to appoint special reserve deputies to assist in executing writs of seizure under the Emergency Writ Condition.
• Appointment requirements: individuals must be certified by the Alabama Peace Officers' Standards and Training Commission, not employed by the sheriff's department at appointment, and must have completed training within the last three years; sheriff must establish a training program and maintain records.
• Fees: petitioner may pay up to $250 directly to the special reserve deputy for writ execution; deputy may not receive county funds, and the sheriff may not receive any fee for these services.
• Returns and immunities: special reserve deputies must file the return on the writ and have the same immunities as regular deputies.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Counties & Municipalities