HB1

ENROLLED, An Act,

Relating to law enforcement; to amend Section 32-5-171, Code of Alabama 1975, to specify that a law enforcement officer may arrest a person subsequent to a traffic accident under certain conditions; and to authorize a law enforcement officer to issue a traffic citation subsequent to a traffic accident to a driver involved in the accident under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-5-171, Code of Alabama 1975, is amended to read as follows:

§32-5-171.

"(a) A uniformed police officer, state trooper, county sheriff, or his or her deputy or member of a municipal police force law enforcement officer as defined in Section 36-21-40, may arrest, at the scene of at the scene of subsequent to a traffic accident, any driver of a vehicle involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person by violating Section 32-5A-191 contributed to the accident. He or she may arrest such a person without a warrant although he or she did not personally see the violation.

"(b) A law enforcement officer as defined in Section 36-21-40, subsequent to a traffic accident, may issue a traffic citation to a driver of a vehicle involved in the accident when, based on personal investigation, the officer has reasonable prima facie evidence demonstrating grounds to believe that the person has committed any offense under this title. Chapters 5, 5A, 6, 7, or 7A of Title 32."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Traffic Offenses

Law Enforcement Officers

Public Safety Department

Motor Vehicles

Driving Under the Influence

Code Amended