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HB234 ENROLLED
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HB234
KHBP3A5-2
By Representative Treadaway (N & P)
RFD: Jefferson County Legislation
First Read: 14-Jan-26
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First Read: 14-Jan-26
Enrolled, An Act,
Relating to Jefferson County; 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 writs have been issued in the county
than the sheriff can execute in a reasonable time after
issuance.
(2) SPECIAL RESERVE DEPUTY. An individual appointed by
the sheriff to serve writs under emergency writ conditions.
(3) WRIT. A lawful writ issued by the Circuit or
District Clerk of the Tenth Judicial Circuit relating to the
seizure or securing of real property located within Jefferson
County.
Section 2. (a) During an emergency writ condition, the
Sheriff of Jefferson County may appoint special reserve
deputies to assist in the execution of writs or similar
actions involving the seizure or securing of real property.
(b) Upon execution of a writ, a special reserve deputy
shall make return on the writ as normally completed by the
sheriff and shall return the writ 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
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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 a service fee.
(b) A fee paid pursuant to this section may not exceed
two hundred fifty dollars ($250) and shall be paid directly to
the special reserve deputy.
(c) A special reserve deputy may not receive any funds
from the county treasury for the service of writs.
(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 the 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 executing writs 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
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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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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 22-Jan-26.
John Treadwell
Clerk
Senate 10-Feb-26 Passed
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