Rep(s). By Representative Collier


HB409

ENROLLED, An Act,

Relating to Mobile County; to provide for qualifications, minimum standards, and training for constables; to create the Constable Regulatory Board of Mobile and to provide for the composition, powers, and duties of the board; to provide further for compensation, and to exempt incumbent constables from the regulation and operation of this act, except for compensation; to provide for yearly training requirements; and to establish the Mobile County Constable Association and to provide for the duties of the association.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. In Mobile County, a no person shall hold the office of constable unless the person has successfully completed the minimum standards and training for peace officers pursuant to Section 36-21-46 of the Code of Alabama 1975.

Section 2. All constables shall be required to obtain a minimum of 20 hours of training per year, in addition to those requirements for constables set forth in Section 1.

Section 3. Constables not acquiring the required amount of training hours may not perform the duties of their office until the required training has been met. The Mobile County Constable Association is established to approve and provide the training of constables as required in Section 2.

Section 4. Constables shall be paid fees consistent with Section 12-19-92 of the Code of Alabama 1975, for constables in Jefferson County. The additional fees authorized by this section shall be taxed as court costs in the precedings for which the fees are charged.

Section 4. The Constable Regulatory Board of Mobile is hereby created. The board shall have oversight of the conduct of the constables in the county and shall resolve local complaints against the Office of Constable. The board shall have the right to suspend any constable found in violation of the law for a period not to exceed six months. The board shall consist of three members, one of whom shall be an African-American, as follows: One board member shall be appointed by the Sheriff of Mobile County; a chief constable of the board elected by a majority vote of the members of the Mobile County Constable Association; and one member shall be appointed by the Mobile County Legislative Delegation. The members of the board shall provide for their own written rules of procedure. The members shall serve without compensation and shall serve for a period of one year. It shall be the duty of the chief constable of the board to answer to the officers of the association and the elected Sheriff of Mobile County when called upon to do so.

Section 5. Any constable suspended from performing the duties of his or her office under the provisions of this act is prohibited from performing any duties as a peace officer in the State of Alabama during the term of his or her suspension and shall not be held liable for failure to perform any act required of his or her office during the term of his or her suspension.

Section 6. No constable holding office or having qualified to run for the office on the effective date of this act shall be subject to Section 1. Each constable holding office on the effective date of this act shall receive fees pursuant to Section 4.

Section 7. All laws or parts of laws which conflict with this act are repealed.

Section 8. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law, only upon the passage of an amendment to the Constitution of Alabama of 1901, authorizing the Legislature to provide for Constables in Mobile County.


Mobile County
Counties
Constables
Boards and Commissions
Law Enforcement