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SB330 ENGROSSED
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SB330
XDYL4ZZ-2
By Senator Bell
RFD: Fiscal Responsibility and Economic Development
First Read: 26-Feb-26
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First Read: 26-Feb-26
A BILL
TO BE ENTITLED
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
sheriff, 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
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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
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
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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
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.
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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
enforcement officer who is authorized to administer oaths
pursuant to subdivision (1). The affiant shall then present
the sworn complaint to the proper judicial officer for the
judicial officer to determine if probable cause exists to
issue an arrest warrant pursuant to Chapter 7 of Title 15,
Code of Alabama 1975.
(3) Upon swearing to the facts contained in the
complaint before a law enforcement officer who is authorized
to administer oaths pursuant to subdivision (1), the law
enforcement officer administering the oath shall notate on the
deposition his or her name, the date, and the time of
administering the oath.
(4) 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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1, 2026.
Senate
Read for the first time and referred
to the Senate committee on Fiscal
Responsibility and Economic
Development
................26-Feb-26
Read for the second time and placed
on the calendar:
1 amendment
................11-Mar-26
Read for the third time and passed
as amended
Yeas 30
Nays 0
Abstains 0
................17-Mar-26
Patrick Harris,
Secretary.
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