SB461
SB461 ENGROSSED By Senator Bussman A BILL TO BE ENTITLED AN ACT Relating to the termination of parental rights; to amend Section 12-15-312, Code of Alabama 1975, to eliminate the duty of the Department of Human Resources to make reasonable efforts with respect to a parent of a child to protect the family relationship if the parent has allowed the child to be in the presence of a methamphetamine laboratory or a location where illegal drugs are stored, kept, packaged, diluted, or manufactured. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 12-15-312, Code of Alabama 1975, is amended to read as follows: §12-15-312. "(a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody of the Department of Human Resources pursuant to this chapter, the order shall contain specific findings, if warranted by the evidence, within the following time periods while making child safety the paramount concern: "(1) In the...
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HB505
167546-1:n:04/14/2015:LLR/th LRS2015-1502 HB505 By Representatives Williams (JW), Sessions, Wilcox, Bracy, Pettus, Hubbard, Shiver, Scott, Martin, Alexander, Chesteen, Lee, Faust, Moore (B), Weaver, Fridy, Rowe, Wood, Whorton (R), Ledbetter, Farley, Williams (JD), Collins and Nordgren RFD Judiciary Rd 1 16-APR-15 SYNOPSIS: Under existing law, penalties may be assessed against a person who brings certain types of legal proceedings that are determined to be frivolous, unfounded, or without substantial justification. This bill would provide that reasonable attorney fees and costs may be assessed against an attorney or litigant in a civil action if the court finds at any time during the proceedings or upon judgment that a complaint, claim, counterclaim, cross-claim, motion, pretrial application, affidavit, or other pleading, or any portion thereof, of the litigant or attorney was frivolous. This bill would, in appropriate cases, allow the court to order non-monetary sanctions. This bill...
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SB11
162643-1:n:08/06/2014:JET/tj LRS2014-2784 SB11 By Senator Ward RFD Judiciary Rd 1 03-MAR-15 SYNOPSIS: Under existing law, a death sentence is executed by lethal injection, unless a person sentenced to death affirmatively elects to be executed by electrocution. This bill would require a person sentenced to death after the effective date of the act to be executed by electrocution if lethal injection is deemed unconstitutional by the courts or if an ingredient essential to carrying out a lethal injection is unavailable to the Department of Corrections. A BILL TO BE ENTITLED AN ACT To amend Section 15-18-82.1, Code of Alabama 1975, to require a person sentenced to death to be executed by electrocution under certain conditions. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 15-18-82.1, Code of Alabama 1975, is amended to read as follows: §15-18-82.1. "(a) A Except as provided in subsections (c) and (d), a death sentence shall be executed by lethal injection, unless the...
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SB63
156850-1:g:01/16/2014:FC/tan LRS2014-235 SB63 By Senator Sanders RFD Judiciary Rd 1 03-MAR-15 SYNOPSIS: Under existing law, in a capital case, the jury may recommend to the court the sentence of a person convicted of a capital offense, but the court is not required to accept the jury's recommendation. This bill would prohibit a court from overriding a verdict by a jury in a capital case. A BILL TO BE ENTITLED AN ACT To amend Sections 13A-5-45, 13A-5-46, and 13A-5-47, Code of Alabama 1975, relating to capital cases and to the determination of the sentence by courts; to prohibit a court from overriding a jury verdict. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-5-45, 13A-5-46, 13A-5-47, Code of Alabama 1975, are amended to read as follows: §13A-5-45. "(a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant shall be sentenced to life imprisonment without parole or to...
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HB284
165899-1:n:03/17/2015:FC/agb LRS2015-1031 HB284 By Representative Wood RFD Public Safety and Homeland Security Rd 1 17-MAR-15 SYNOPSIS: Under existing law, a person on parole or granted probation is required to pay a monthly supervision fee to the Board of Pardons and Paroles in the amount of $40 per month from his or her net income. This fee would be reduced after December 31, 2015, to $30 per month. This bill would repeal the reduction in the monthly supervision fee scheduled after December 31, 2015. A BILL TO BE ENTITLED AN ACT To amend Section 15-22-2 of the Code of Alabama 1975, relating to the Board of Pardons and Paroles; to repeal a scheduled reduction in the monthly supervision fee. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 15-22-2 of the Code of Alabama 1975, is amended to read as follows: §15-22-2. "(a)(1) Any person who is placed on parole by the Board of Pardons and Paroles or any person who is granted probation by a court of competent jurisdiction...
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SB124
SB124 By Senators Reed, Scofield, Waggoner, Smith, Albritton, Melson, Holley, Hightower, Ward, Dial, Marsh, Chambliss, Stutts, Bussman, Williams and Livingston ENROLLED, An Act, Relating to redemption of certain real property foreclosed on under a mortgage or sold by virtue of a judgment; to reduce the redemption period; to amend Sections 6-5-248, 6-5-252, and 8-1-172 of the Code of Alabama 1975; and to provide for partial prospective operation. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 6-5-248, 6-5-252, and 8-1-172 of the Code of Alabama 1975, are amended to read as follows: §6-5-248. "(a) Where real estate, or any interest therein, is sold the same may be redeemed by: "(1) Any debtor, including any surety or guarantor. "(2) Any mortgagor, even if such the mortgagor is not personally liable for payment of a debt. "(3) Any junior mortgagee, or its transferee. "(4) Judgment creditor, or its transferee. "(5) Any transferee of the interests of the debtor or...
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SB69
164945-1:n:02/26/2015:LLR/cj LRS2015-739 SB69 By Senator Ward RFD Fiscal Responsibility and Economic Development Rd 1 03-MAR-15 SYNOPSIS: This bill would require employers, companies, or individuals who submit bids for certain public works projects and all disaster response, recovery, and restoration projects that utilize funds received by state or local governmental entities resulting from a disaster requiring federal oversight to certify that they will comply with the provisions of this act if they are awarded such contracts. This bill would require the employers, companies, or individuals to submit to the agency or governing authority that solicited the bid and the Alabama Department of Labor a staffing plan within seven days after the notice of award of the contract. This bill would provide that from the date written notice of the contract award is received and until 10 business days after the receipt of the staffing plan by the Alabama Department of Labor, the employers,...
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SB334
166856-1:n:04/01/2015:LLR/mfc LRS2015-1377 SB334 By Senator Holley RFD Education and Youth Affairs Rd 1 07-APR-15 SYNOPSIS: This bill would enable county and municipal boards of education to approve in their jurisdiction a process of civil enforcement of offenses related to overtaking a school bus by using automated detection devices, and allowing a civil notice of violation to be issued by mail. It would provide that the owner of the vehicle is presumptively responsible but provide procedures to transfer responsibility or to contest the notice of violation. This bill would allow a law enforcement agency or a local governing entity, in consultation with a school system, to enter an agreement with a private contractor for the installation, operation, notice processing, and administration of a school bus automated device. This bill would grant subject matter jurisdiction to district and municipal courts to adjudicate the civil notice. This bill would provide procedures for civil action...
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SB346
167099-1:n:04/03/2015:PMG/tj LRS2015-1440 SB346 By Senator Whatley RFD Judiciary Rd 1 07-APR-15 SYNOPSIS: Under existing law, a person charged with a crime which is committed when he or she is under the age of 19 may be charged as a youthful offender. This bill would change the threshold age of a youthful offender. This bill would specify that a judge may use his or her discretion in determining whether to consider a prior adjudication as a youthful offender of a person who subsequently commits another crime. This bill would also expunge the record of a youthful offender. A BILL TO BE ENTITLED AN ACT Relating to youthful offenders; to amend Sections 15-19-1 and 15-19-7, Code of Alabama 1975; to change the threshold age of a youthful offender; to specify that a judge may use his or her discretion in determining whether to consider a prior adjudication as a youthful offender of a person who subsequently commits another crime; and to expunge the record of a youthful offender. BE IT...
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SB65
156930-1:n:01/17/2014:JMH/tan LRS2014-234 SB65 By Senator Sanders RFD Judiciary Rd 1 03-MAR-15 SYNOPSIS: Under existing law, the U.S. Supreme Court has ruled that a capital murder defendant who is an individual with mental retardation is not subject to the death sentence. This bill would establish standards and procedures in death penalty cases for the trial court to determine whether a defendant is an individual with mental retardation. A BILL TO BE ENTITLED AN ACT To add Section 13A-5-60 to the Code of Alabama 1975, to establish procedures in death penalty cases to determine whether a defendant is an individual with mental retardation. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 13A-5-60 is added to the Code of Alabama 1975, to read as follows: §13A-5-60. (a) As used in this section, "an individual with mental retardation" means both of the following: (1) An individual with a significantly subaverage general intellectual functioning manifested by age 18. (2) An...
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