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SB339 ENROLLED
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SB339
KH6KJU5-2
By Senator Barfoot (N & P)
RFD: Local Legislation
First Read: 03-Mar-26
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First Read: 03-Mar-26
Enrolled, An Act,
Relating to Crenshaw County; to authorize a law
enforcement officer from a designated law enforcement agency
to take an individual whom the officer believes to have a
mental illness into protective custody under certain
conditions; to provide for transportation of the individual to
a hospital or other facility for evaluation and treatment; and
to provide protection from civil liability to law enforcement
officers who, in good faith, place individuals with mental
illness into protective custody.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply in Crenshaw
County.
Section 2. (a) For the purposes of this section, the
following terms have the following meanings:
(1) DESIGNATED LAW ENFORCEMENT AGENCY. A law
enforcement agency within Crenshaw County that is authorized
by the sheriff to exercise the authority described in this
section.
(2) LAW ENFORCEMENT OFFICER. Any state, county, or
municipal officer certified by the Alabama Peace Officers'
Standards and Training Commission.
(b)(1) Concurrently with Article 1 of Chapter 52 of
Title 22, Code of Alabama 1975, a law enforcement officer from
a designated law enforcement agency may take an individual
into protective custody when the officer has reasonable cause
to believe that the individual is mentally ill and is an
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to believe that the individual is mentally ill and is an
immediate danger to himself, herself, or others.
(2)a. Upon placement of an individual under protective
custody pursuant to subdivision (1), the law enforcement
officer shall transport the individual to a hospital or other
treatment facility providing care and treatment to those with
mental illnesses for an evaluation and treatment.
b. If the individual does not consent to the transport,
the officer may use reasonable force to carry out the
transport.
c. The individual shall be released from the hospital
or designated treatment facility within 72 hours, exclusive of
Saturday, Sunday, or any legal holiday, unless a judge of
probate orders further inpatient or outpatient treatment for
the individual as provided in Article 1 of Chapter 52 of Title
22, Code of Alabama 1975.
d. Upon a determination by an attending physician,
nurse practitioner, or physician assistant at a hospital
licensed in this state that an individual transported to the
hospital pursuant to this section is not mentally ill or a
danger to himself, herself, or others, the hospital shall
promptly communicate this information to the appropriate law
enforcement officer. The law enforcement officer shall
coordinate the immediate release of the individual from the
hospital and shall release the individual from protective
custody unless the law enforcement officer has some legal
cause for detaining the individual other than the individual's
mental condition. After the individual is released, and upon
request of the individual, the law enforcement officer shall
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request of the individual, the law enforcement officer shall
transport the individual to his or her residence or other
place of abode if it is within the county.
(c) Protective custody by a law enforcement officer
under this section shall not be considered an arrest for any
purpose, and no entry or other record may be made to indicate
that an individual subject to temporary protective custody by
a law enforcement officer under this section has been detained
or charged with any crime.
(d)(1) It is the policy of this state to encourage a
law enforcement officer, hospital, physician, medical
provider, or other designated treatment facility to act in the
best interest of the state by detaining individuals who are
mentally ill and a danger to themselves or others for
evaluation and treatment. The state finds that these actions
are necessary to protect the individuals and the public. These
entities and individuals are acting in the name of the state
and are acting as state agents, when acting pursuant to this
section, in making determinations, detaining, releasing,
admitting, discharging, or otherwise taking action under this
section. When acting pursuant to this section, a law
enforcement officer, hospital, physician, medical provider, or
other designated treatment facility shall be afforded immunity
under Section 36-1-12, Code of Alabama 1975, as any other
state employee or agent of the state.
(2) Nothing in this section shall modify, amend,
repeal, or supersede any provision of Section 6-5-333, Code of
Alabama 1975; the Alabama Medical Liability Act of 1987,
commencing with Section 6-5-540, Code of Alabama 1975; or the
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commencing with Section 6-5-540, Code of Alabama 1975; or the
Alabama Medical Liability Act of 1996, commencing with Section
6-5-548, Code of Alabama 1975; or any amendment to any of
these laws or any judicial interpretation of these laws.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB339
Senate 10-Mar-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 17-Mar-26
By: Senator Barfoot
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