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HB518 INTRODUCED
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HB518
SLAYP77-1
By Representative Brinyark
RFD: Judiciary
First Read: 26-Feb-26
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SLAYP77-1 02/26/2026 GED (L)ma 2026-1106
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First Read: 26-Feb-26
SYNOPSIS:
Under existing law, law enforcement officers may
issue citations for certain violations, traffic
offenses, and misdemeanors in lieu of performing a
custodial arrest.
This bill would authorize a warrant for such a
violation to be sworn and issued by a judge or
magistrate remotely, digitally, via video link, or by
telephone and would specify that the physical presence
of the affiant before the judge or magistrate is not
required.
This bill would allow law enforcement officers
to swear to the citations they issue for certain
violations, traffic offenses, and misdemeanors in the
presence of a judge or magistrate remotely, digitally,
via video link, or by telephone.
This bill would also authorize law enforcement
officers to act as a magistrate in the limited scope of
administering oaths to other law enforcement officers
to swear to the facts contained in a citation.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to criminal procedure; to authorize the use of
certain digital, electronic, or telephonic means to obtain a
warrant for certain violations subject to citation in lieu of
arrest procedures; to authorize the use of certain digital,
electronic, or telephonic means to swear to the facts
contained in citations issued for certain violations; to
provide that the physical presence of the affiant in such
circumstances is not required; and to authorize law
enforcement officers to administer oaths to other law
enforcement officers in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) LAW ENFORCEMENT OFFICER. A police officer, deputy
sherrif, deputy constable, or other official who has the
authority to make arrests; is employed by the state, county,
or municipality; and is certified by the Alabama Peace
Officers' Standards and Training Commission. The term includes
enforcement officers of the Alabama State Law Enforcement
Agency, the Department of Corrections, and the Board of
Pardons and Paroles.
(2) RELIABLE ELECTRONIC MEANS. Means compliant with
criminal justice information system measures by which a
document may be signed and transmitted.
(3) UNIFORM NONTRAFFIC CITATION AND COMPLAINT. The
complaint and summons issued in lieu of arrest for any
nontraffic offense enumerated in Rule 20, Appendix B of the
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nontraffic offense enumerated in Rule 20, Appendix B of the
Alabama Rules of Judicial Administration, as adopted by the
Supreme Court of Alabama, or an electronic version of the
citation containing substantially the same information found
on the citation.
(4) UNIFORM TRAFFIC TICKET AND COMPLAINT. The complaint
and summons used in all non-felony traffic cases filed in all
courts of the state or an electronic version of the ticket
containing substantially the same information found on the
ticket.
(b)(1) Warrants for any of the following offenses may
be sworn and issued by a judge or magistrate remotely,
digitally, via video link, or by telephone:
a. Misdemeanor violations.
b. Traffic violations.
c. Municipal ordinance violations.
(2) The physical presence of the affiant before the
judge or magistrate is not required. Other methods of
technology not specifically described in subdivision (1) may
be used to facilitate the oath and issuance of a criminal
warrant pursuant to this subsection upon approval of the
technology by the Director of the Administrators of the
Courts.
(c)(1) Upon the issuance of a Uniform Traffic Ticket
and Complaint, a law enforcement officer may swear to the
facts contained in the Uniform Traffic Ticket and Complaint
before any person within the judicial branch of government who
is authorized by the state to administer oaths. Both the law
enforcement officer and the person administering the oath may
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enforcement officer and the person administering the oath may
complete this swearing through remote or digital means, via
video link, by telephone, or through any other technology that
has been approved by the Director of the Administrators of the
Courts.
(2) Upon the issuance of a Uniform Nontraffic Citation
and Complaint, a law enforcement officer may swear to the
facts contained in the Uniform Nontraffic Citation and
Complaint before any person within the judicial branch of
government who is authorized by the state to administer oaths.
Both the law enforcement officer and the person administering
the oath may complete this swearing through remote or digital
means, via video link, by telephone, or through any other
technology that has been approved by the Director of the
Administrators of the Courts.
(d)(1) A law enforcement officer, when engaged in the
performance of his or her official duties, may administer
oaths to other law enforcement officers to swear to the facts
contained in a complaint for a misdemeanor offense, a Uniform
Traffic Ticket and Complaint, or a Uniform Nontraffic Citation
and Complaint through the following means:
a. Reliable electronic means.
b. In the physical presence of an affiant.
(2) Upon the issuance of a complaint for a misdemeanor
offense, a Uniform Traffic Ticket and Complaint, or a Uniform
Nontraffic Citation and Complaint, a law enforcement officer
may swear to the facts contained in the complaint for a
misdemeanor, the Uniform Traffic Ticket and Complaint, or the
Uniform Nontraffic Citation and Complaint before any law
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Uniform Nontraffic Citation and Complaint before any law
enforcement officer who is authorized to administer oaths
pursuant to subdivision (1).
(3) A law enforcement officer may not notarize his or
her own signature.
Section 2. This act shall become effective on October
1, 2026.
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