House Bill NO. 868

By Senator(s) Nunnelee, Tollison

AMEND by inserting after line 92 the following and renumbering subsequent sections:

SECTION *. (1) (a) Except as provided in subsection (2) of this section, before an arrest warrant shall be issued against any sworn peace officer or teacher who is a licensed public school employee as defined in Section 37-9-1 for a criminal act, whether misdemeanor or felony, which is alleged to have occurred while the officer or teacher was in the performance of the officer's or teacher's official duties, a probable cause hearing shall be held before a circuit court judge. The purpose of the hearing shall be to determine if adequate probable cause exists for the issuance of a warrant. All parties testifying in these proceedings shall do so under oath. The accused shall have the right to enter an appearance at the hearing, represented by legal counsel at his own expense, to hear the accusations and evidence against him; he may present evidence or testify in his own behalf.

(b) The authority receiving any such charge or complaint against a sworn police officer or teacher shall immediately present same to the county prosecuting attorney having jurisdiction who shall immediately present the charge or complaint to a circuit judge in the judicial district where the action arose for disposition pursuant to this section.

(2) Nothing in this section shall prohibit the issuance of an arrest warrant by a circuit court judge upon presentation of probable cause, without the holding of a probable cause hearing, if adequate evidence is presented to satisfy the court that there is a significant risk that the accused will flee the court's jurisdiction or that the accused poses a threat to the safety or well-being of the public.

TO PROVIDE THAT AN ARREST WARRANT MAY BE ISSUED AGAINST PEACE OFFICERS AND PUBLIC SCHOOL TEACHERS CHARGED WITH A CRIME ALLEGED TO HAVE OCCURRED WHILE IN THE PERFORMANCE OF DUTY ONLY AFTER COMPLIANCE WITH CERTAIN REQUIREMENTS;