SB313
SB313 ENGROSSED By Senator Marsh A BILL TO BE ENTITLED AN ACT Relating to Class 5 municipalities; to authorize Class 5 municipalities to file an expedited quiet title and foreclosure action in circuit court to establish clear title to abandoned tax sale properties within the corporate limits that are acquired from the State Land Commissioner pursuant to Chapter 10, Title 40, Code of Alabama 1975; and to provide for the procedure and due process for the action in circuit court. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act shall apply only in a Class 5 municipality and provides the exclusive procedure for an expedited quiet title and foreclosure action for a Class 5 municipality, notwithstanding Section 24-9-8, Code of Alabama 1975. Section 40-10-82, Code of Alabama 1975, as amended, shall not apply to, restrict, or otherwise affect any cause of action or action brought by a Class 5 municipality pursuant to this act and shall not remove any limitation of action or...
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HB376
171399-2:n:09/01/2015:KMS/agb LRS2015-2635R1 HB376 By Representatives Butler, Nordgren, Mooney, Rich, Henry, Ainsworth, Whorton (I), Moore (B), Ford, Williams (JD), Standridge, Drake, Hill (J), Fincher, Brown, Holmes (M), Wingo and Gaston RFD Health Rd 1 08-MAR-16 SYNOPSIS: This act would establish the Alabama Unborn Child Protection from Dismemberment Abortion Act. This act would prohibit and punish any individual who performs or attempts to perform a dismemberment abortion unless necessary to prevent serious health risk to the mother of the unborn child. Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified...
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HB497
176399-1:n:04/01/2016:JET/cj LRS2016-1351 HB497 By Representatives Baker and Jones RFD Judiciary Rd 1 05-APR-16 SYNOPSIS: Under existing law, a person charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation and felony offenses, excluding violent offenses, may petition the circuit court to have the criminal record expunged if the charge was dismissed or if he or she meets other limited conditions. This bill would expand the expungement of criminal records to include all felony charges, including violent offenses, that are the subject of successful malicious or frivolous prosecution civil claims. A BILL TO BE ENTITLED AN ACT To amend Section 15-27-2, Code of Alabama 1975, relating to the expungement of criminal records, to expand the expungement of criminal records to include charges that are the subject of successful malicious prosecution civil claims, including violent felony offenses. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1....
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SB23
SB23 By Senators Chambliss and Ward ENROLLED, An Act, Relating to child abuse; to provide for the crime of aggravated child abuse of a child less than six years of age; to provide for penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 26-15-3.3 is added to the Code of Alabama 1975, to read as follows: ยง26-15-3.3 (a) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years: (1) He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions. (2) He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction. (3) He or she...
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HB405
175708-1:n:03/15/2016:JET/tj LRS2016-1131 HB405 By Representative England RFD Judiciary Rd 1 15-MAR-16 SYNOPSIS: Under existing law, a person charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation and certain felony offenses may petition the circuit court to have the criminal record expunged if the charge was dismissed or if he or she meets other limited conditions. This bill would provide for the expungement of convictions for misdemeanor criminal offenses, traffic violations, or municipal ordinance violations and certain Class C and Class D felony convictions, including those adjudicated as a youthful offender, under limited circumstances. Also under existing law, the filing fee to expunge a criminal charge is $300. This bill would provide for a filing fee of $500 for the expungement of criminal convictions. A BILL TO BE ENTITLED AN ACT To amend Sections 115-27-1, 15-27-2, 15-27-3, 15-27-4, 15-27-6, 15-27-7, and 15-27-8, Code of Alabama 1975,...
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HB365
174754-1:n:02/25/2016:FC/mfc LRS2016-796 HB365 By Representative Hurst RFD Judiciary Rd 1 03-MAR-16 SYNOPSIS: Existing law does not provide for the castration of certain convicted sex offenders. This bill would provide that any person over the age of 21 years who is convicted of certain sex offenses against a child 12 years of age or younger would be surgically castrated before his or her release from the custody of the Department of Corrections. This bill would require that the cost of the procedure be paid by the adult criminal sex offender. A BILL TO BE ENTITLED AN ACT Relating to punishment of sex offenders; to provide that any person over the age of 21 years who is convicted of certain sex offenses against a child 12 years of age or younger would be surgically castrated before his or her release from the custody of the Department of Corrections; and to require the cost of the procedure to be paid by the adult criminal sex offender. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:...
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HB485
164998-3:n:04/09/2015:JMH/th LRS2015-763R2 HB485 By Representative Coleman RFD Judiciary Rd 1 05-APR-16 SYNOPSIS: This bill would prohibit the use of restraints such as handcuffs, chains, irons, or straitjackets on a juvenile during a court proceeding unless the restraints are necessary to prevent the juvenile from physically harming himself or herself or another person, are necessary to prevent disruptive behavior, or the juvenile poses a substantial flight risk. This bill would also specify the procedure for determining if one of these factors is present. This bill would also require the court to have a hearing and make findings of fact before ordering the use of restraints. A BILL TO BE ENTITLED AN ACT To provide guidelines for the use of restraints by corrections staff on a juvenile during a court proceeding. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) For purposes of this section, juvenile means a child younger than 18 years of age. (b) There is a presumption that...
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HB504
176404-1:n:04/01/2016:JMH/mfc LRS2016-1316 HB504 By Representatives Whorton (I), Hanes, Coleman, Fridy, Fincher, Whorton (R), Pettus, Poole, Drake, Hill (J), England, Melton, Carns, Beckman, Wadsworth, Morrow, Mooney, Hall and Farley RFD Judiciary Rd 1 07-APR-16 SYNOPSIS: Under existing law, the juvenile courts have jurisdiction over persons who are under the age of 18 years, while the age of majority is 19 years. Under existing law, the probate court has jurisdiction over the commitment to the State Department of Mental Health of all persons who are not minors or children. This bill would specify that the existing law specifying the procedure in the probate court for committing an adult to the State Department of Mental Health applies to persons age 18 and over. A BILL TO BE ENTITLED AN ACT Relating to commitment proceedings; to amend Section 22-52-16, Code of Alabama 1975, to specify that the procedure in the probate court for committing an adult to the State Department of Mental...
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HB8
172835-1:n:01/05/2016:JMH/tj LRS2015-3475 HB8 By Representative Beckman RFD Judiciary Rd 1 02-FEB-16 SYNOPSIS: Existing law provides for the crime of child abuse if a person tortures, willfully abuses, cruelly beats, or otherwise willfully maltreats a child under the age of 18 years. Torture or willful abuse of a child under age 18 is a Class C felony. Existing law also provides for the crime of aggravated child abuse when a person commits repeated acts of physical or mental abuse of a child or causes serious physical injury. Aggravated child abuse is a Class B felony. This bill would create the crime of aggravated child abuse of a child under age six to apply when a person commits repeated acts of physical or mental abuse or causes serious physical injury to a child under age six. This bill would make aggravated child abuse of a child under age six a Class A felony. Amendment 621 of the Constitution of Alabama of 1901 prohibits a general law whose purpose or effect would be to require...
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HB9
172852-1:n:01/06/2016:JET/tj LRS2015-3452 HB9 By Representative Holmes (M) RFD Public Safety and Homeland Security Rd 1 02-FEB-16 SYNOPSIS: Under existing law, a driver may obtain a graduated license, including a Stage I-learner's permit, Stage II-regular driver's license with restrictions based on age, and Stage III-unrestricted driver's license. Also under existing law, a violation of the restriction of a Stage II licensee is a traffic violation, but no points may be assessed for the violation. This bill would revise the penalties for a violation of the restrictions on a Stage II license, including revocation of the license and reversion to a Stage I license for a period of six months, would require the driver to revert to a Stage I license for a period of six months, would require the court to assess a fine of $250, plus court costs, and would provide for the assessment of two points. This bill would also provide that a parent, legal guardian, or other adult who knowingly allows a...
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