Sheriffs; appointment of special reserve deputies authorized

HB198 INTRODUCED
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HB198
U9E1QDX-1
By Representative Treadaway
RFD: Public Safety and Homeland Security
First Read: 13-Jan-26
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U9E1QDX-1 11/26/2025 GED (L)ma 2025-3400
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First Read: 13-Jan-26
SYNOPSIS:
Under existing law, a sheriff and his deputies
are the individuals responsible for executing writs
issued by the courts.
This bill would authorize sheriffs to appoint
special reserve deputies to assist in the execution of
writs when more than 250 writs have been issued in a
county but have not yet been executed.
A BILL
TO BE ENTITLED
AN ACT
Relating to special reserve sheriff's deputies; to
provide for the appointment and service of special reserve
deputies.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) EMERGENCY WRIT CONDITION. Any time, as determined
by the sheriff, when more than 250 writs have been issued in
the county but have not yet been executed.
(2) SPECIAL RESERVE DEPUTY. An individual appointed by
the sheriff to serve writs under emergency writ conditions.
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the sheriff to serve writs under emergency writ conditions.
(3) WRIT OF SEIZURE. A lawful writ issued by the
circuit or district clerk of the judicial circuit ordering the
seizure or securing of real property located within the
specific county overseen by the sheriff.
Section 2. (a) During an emergency writ condition, the
sheriff of any county in Alabama may appoint special reserve
deputies to assist in the execution of writs of seizure or
similar actions involving the seizure or securing of real
property.
(b) Upon execution of a writ of seizure, a special
reserve deputy shall make return on the writ of seizure as
normally completed by the sheriff and shall return the writ of
seizure to the appropriate clerk.
(c) A special reserve deputy, when acting within the
scope of his or her duties pursuant to this act and in
compliance with the law, shall be entitled to the same
immunities and legal protections provided to deputies under
Section 36-22-3, Code of Alabama 1975.
Section 3. (a) Notwithstanding any other provision of
law, if an emergency writ condition exists, a petitioner may
request that a writ of seizure be executed by a special
reserve deputy. Once the special reserve deputy executes the
writ of seizure and returns the writ of seizure to the
appropriate clerk, the petitioner shall pay directly to the
special reserve deputy a service fee for the execution of the
writ of seizure.
(b) The sheriff shall establish the amount of the
service fee, which may not exceed two hundred fifty dollars
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service fee, which may not exceed two hundred fifty dollars
($250).
(c) A special reserve deputy may not receive any funds
from the county treasury for the service of writs of seizure.
(d) The sheriff may not receive any fee for any service
of writ performed by a special reserve deputy.
Section 4. (a) Prior to appointing an individual to
serve as a special reserve deputy, the sheriff shall confirm
that the individual meets all of the following qualifications:
(1) Is currently certified by the Alabama Peace
Officers' Standards and Training Commission.
(2) Is not employed by a sheriff's department at the
time of his or her appointment as a reserve deputy.
(3) Has successfully completed training from the
sheriff for special assignment writ execution within the last
three years.
(b) The sheriff shall establish a training program for
special reserve deputies and shall maintain documentation of
all individuals who have successfully completed the training
and the date on which each individual most recently
successfully completed the training.
(c) The sheriff may charge a reasonable fee to each
individual seeking to complete special reserve deputy
training.
Section 5. This act shall become effective on October
1, 2026.
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