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HB36
DGW3STN-1
By Representative Ingram
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 14-Aug-25
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DGW3STN-1 08/12/2025 ZAK (L)ma 2025-2438
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PFD: 14-Aug-25
SYNOPSIS:
This bill would authorize the Attorney General
and Governor to appoint an interim police chief of
certain municipal police departments.
This bill would also provide procedures and
requirements for a municipality with an interim police
chief.
A BILL
TO BE ENTITLED
AN ACT
Relating to law enforcement; to authorize the Attorney
General and Governor to appoint an interim police chief under
certain conditions; and to provide procedures and requirements
for municipalities with an interim police chief.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Attorney General and Governor may
jointly appoint an interim police chief to superintend any
municipal police department if both the Attorney General and
Governor determine that a particular and ongoing threat to
public safety exists within a municipality after doing all of
the following:
(1) Reviewing relevant and pertinent federal, state,
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(1) Reviewing relevant and pertinent federal, state,
and local crime statistics.
(2) Determining that the number of law enforcement
officers employed by the municipality's police department is
30 or more percent less than the average number of law
enforcement officers employed by that police department for
the preceding 10 years.
(3) Consulting with the district attorney of the
circuit in which the municipality is located.
(4) Consulting with the sheriff of the county in which
the municipality is located.
(5) Consulting with victims of crimes committed within
the municipality.
(b) An interim police chief shall serve under the
authority and at the pleasure of the Attorney General and
Governor and shall not be subject to the authority of the
mayor, city council, or other official of a municipality.
(c) An interim police chief may not serve more than six
months from the date he or she was appointed. The Attorney
General and Governor may not appoint another interim police
chief for six months after a previous interim police chief's
service has ended due to serving a full continuous six months.
(d) An interim police chief shall be paid a salary with
funds from the operating accounts of the Attorney General and
Governor in equal amounts. The salary shall be set jointly by
the Attorney General and Governor.
(e) The Attorney General and Governor may jointly
petition the circuit court of the county in which the
municipality is located to recoup any costs incurred in acting
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municipality is located to recoup any costs incurred in acting
pursuant to this section, including the payment of an interim
police chief's salary. If the court finds that the actions
required in subsection (a) were satisfied at the time of an
interim police chief's appointment, the court shall award the
Attorney General and Governor all costs expended pursuant to
this section.
(f) An interim police chief shall be considered an
officer of the state for purposes of Section 36-1-12, Code of
Alabama 1975.
(g) An interim police chief shall provide a semimonthly
report of the current status of, and the remedial actions
being taken by, the police department to the mayor and city
council of the municipality.
(h) The Attorney General and Governor may jointly
appoint the sheriff of a county in which a municipality is
located to assume the duties and powers over the
municipality's police department which an interim police chief
would have. If appointed, the sheriff shall be entitled to
receive an expense allowance funded from the operating
accounts of the Attorney General and Governor in equal
amounts, not to exceed seventy-five thousand dollars ($75,000)
per year.
(i)(1) A municipality with an interim police chief
shall do both of the following:
a. Continue to fund the police department in a manner
and amount commensurate with the average of the five fiscal
years immediately preceding the interim police chief's
appointment.
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appointment.
b. Maintain and form any active or prospective
agreement, duty, interest in property, or obligation necessary
for the police department to, at a minimum, maintain a level
of efficacy and operation commensurate with the average of the
five years immediately preceding the interim police chief's
appointment.
(2) A municipality that violates this subsection may
not receive any funds, grants, or appropriations from the
State of Alabama until the violation has ceased, as determined
by the Attorney General and Governor, acting in concert.
Section 2. This act shall become effective immediately.
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