HB 38 Alabama House · 2025 Regular Session

District Attorneys; prosecuting attorneys prosecutorial function further provided for; to provide for legislative findings

HB 38 clarifies that when a prosecuting attorney advises a law enforcement officer or agency on matters such as criminal procedure, civil procedure, criminal charges, or investigations, this advisory role is considered a core prosecutorial function. The bill adds new sections to the Code of Alabama that include legislative findings emphasizing the importance of free discussion between prosecuting attorneys and law enforcement. This measure aims to legally recognize and support the advice provided by prosecuting attorneys to law enforcement officers and agencies as part of their official duties.
Bill status signed all 5 stages cleared
Introduction
Aug 2024
Committee Review
Feb 2025
House Passage
Feb 2025
Senate Passage
May 2025
Signed into Law
May 2025
Introduced Aug 29, 2024 Signed May 14, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Enrolled · 4 edits · May 14, 2025
MODERATE
The bill was finalized and enrolled after being introduced, with substantive changes to the legislative findings and section numbering. The enrolled version includes new legislative findings that expand the scope of prosecutorial advice to include civil procedure and criminal investigations, and adds a new section 12-17-184.2 to the Code of Alabama 1975. The bill also includes certification of passage by both legislative chambers with specific dates.
Scope change
The bill's scope expanded to include civil procedure and criminal investigations in addition to criminal charges, and added a new section defining prosecutorial functions more broadly.
REQUIREMENT

Added new legislative findings that expand prosecutorial advice to include civil procedure and criminal investigations

Added new Section 12-17-184.2 to the Code of Alabama 1975

TECHNICAL

Changed bill status from 'Introduced' to 'Enrolled' with certification dates from both House and Senate

Updated bill number from 5DZN36M-1 to 5DZN36M-2

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
17
Key actions
6
Committee
4
May 6, 2025
Upper · Passed
Motion to Read a Third Time and Pass - Adopted Roll Call 960
upper
Feb 19, 2025
Upper · Passed
Reported Out of Committee Second House
upper
Feb 12, 2025
Upper · Passed
Pending Committee Action in Second House (Judiciary)
upper
Feb 11, 2025
Lower · Passed
Motion to Read a Third Time and Pass - Adopted Roll Call 66
lower
Feb 5, 2025
Lower · Passed
Reported Out of Committee House of Origin
lower
Feb 4, 2025
Lower · Passed
Pending Committee Action in House of Origin (Judiciary)
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.