The bill aims to add Sections 12-17-184.1 and 12-17-184.2 to the Code of Alabama 1975, which would establish that when a prosecuting attorney provides advice to law enforcement officers or agencies on matters within their scope of authority, such as criminal or civil procedure, charges, or investigations, it is considered a prosecutorial function. The legislative findings emphasize the importance of free and open discussions between prosecuting attorneys and law enforcement during the investigation and charging process, stating that this is essential for the fair and just application of the state's criminal laws.
The bill encourages such discussions and declares that advising law enforcement on the application of statutes or rules is a vital prosecutorial function and an inherent part of prosecuting any criminal or civil law within the attorney's authority. The act is set to become effective on June 1, 2024, and has passed the House of Representatives with 98 yeas, 0 nays, and 2 abstentions. There were no amendments to the bill during its passage.
Statutes affected: Introduced: 12-17-184, 12-17-184, 12-17-216, 36-21-55, 12-17-216