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SB5
164032-2:n:01/14/2015:FC/th LRS2015-54 SB5 By Senator Allen RFD Judiciary Rd 1 03-MAR-15 SYNOPSIS:
Under existing law, when an emergency exists, the probate court may appoint a temporary guardian
for an incapacitated person for a period of 15 days. This bill would extend the time period
that a temporary guardian may be appointed for 30 days. A BILL TO BE ENTITLED AN ACT Relating
to guardianship proceedings; to amend Section 26-2A-107 of the Code of Alabama 1975, authorizing
the probate court to appoint a temporary guardian under certain conditions; to extend the
time period when a temporary guardian may act. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section
1. Section 26-2A-107 of the Code of Alabama 1975, is amended to read as follows: §26-2A-107.
"(a) If an incapacitated person has no guardian, an emergency exists, and no other person
appears to have authority to act in the circumstances, on appropriate petition the court,
without notice, may appoint a temporary guardian whose...
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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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HB161
164801-1:n:02/20/2015:FC/agb LRS2015-664 HB161 By Representative Pringle RFD Judiciary Rd 1
05-MAR-15 SYNOPSIS: Under existing law, fees in probate court are payable at the termination
of suit. This bill, at the discretion of the court, would provide for the payment of court
costs at the time that a petition, motion, and other pleading is filed. The bill would allow
the court to order the payment of a security deposit to cover expected costs. A BILL TO BE
ENTITLED AN ACT To amend Section 12-19-43, Code of Alabama 1975, relating to the probate court;
to provide for the payment of court costs at the discretion of the court at the time that
petitions, motions, and other pleadings are filed; and to provide for the payment of security
deposits as ordered by the court to cover expected costs. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA:Section 1. Section 12-19-43, Code of Alabama 1975, is amended to read as follows:
§12-19-43. "(a) Except as otherwise provided by local act or general act...
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HB474
164998-3:n:04/09/2015:JMH/th LRS2015-763R2 HB474 By Representatives Coleman-Evans and Alexander
RFD Judiciary Rd 1 09-APR-15 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...
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HB614
167888-3:n:04/28/2015:PMG/agb LRS2015-1614R2 HB614 By Representatives Ledbetter, Whorton (R),
Garrett, Pettus, Greer, Harbison, Hanes, Rowe, Wood, Faulkner, Wadsworth, Sanderford and Daniels
RFD Judiciary Rd 1 05-MAY-15 SYNOPSIS: Under existing law, if a child is found delinquent
of an act which if committed by an adult would be a Class A or B felony, the court must notify
the applicable school, and the school staff must use the information for the purpose of rehabilitating
the child and protecting students and staff. This bill would require a court to notify the
school if a child has committed an assault in the first degree or an assault in the second
degree on another student on school property. This bill would require the school to discipline
the child and, at a minimum, impose a 30-day suspension or detention. A BILL TO BE ENTITLED
AN ACT Relating to school violence; to require a court to notify the school if a child has
committed an assault in the first degree or an assault in the...
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SB138
162824-1:n:08/26/2014:JET/th LRS2014-2622 SB138 By Senator Orr RFD Education & Youth Affairs
Rd 1 03-MAR-15 SYNOPSIS: Under existing law, a juvenile court is required to notify the superintendent
of the school district of a child, when the child is found delinquent for an act that would
be a Class A or Class B felony. The juvenile court may notify the superintendent when a child
is found delinquent for committing any other crime. This bill would allow a juvenile probation
officer to share certain information and records relating to a child, excluding mental health
and medical records, with school personnel for the limited purpose of promoting safety and
enhancing education and rehabilitation services provided to the child. This bill would also
provide that all shared information and records must remain confidential and provide immunity
for the sharing or receipt of information in good faith. A BILL TO BE ENTITLED AN ACT To amend
Section 12-15-217, Code of Alabama 1975, to allow a...
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SB34
SB34 By Senator Dial ENROLLED, An Act, To provide a procedure by which a circuit or district
court judge may authorize that video testimony may be taken from a witness who is engaged
in active duty military service or an employee or representative of the Alabama Department
of Forensic Sciences; to establish requirements for taking testimony; and to provide that
the party requesting video testimony shall bear the cost. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA: Section 1. This act shall be known as the "Alabama Armed Services Accommodation
Act." Section 2. (a) The Legislature finds it to be an important matter of public policy
that an accommodation be made for military members who are asked to testify in civil or criminal
trials in this state but are unable to attend in person. The purpose of this act is to ease
the burdens on military personnel and their families brought on by the duty of appearing as
a witness in a trial in this state when summoned. The purpose of this act is also...
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SB411
SB411 By Senator Orr ENROLLED, An Act, To amend Section 36-27B-1, Code of Alabama 1975, relating
to preretirement death benefits for judges, clerks and district attorneys; to establish the
Judges' and Clerks' Plan for retirement for justices, judges, and circuit clerks; to establish
the District Attorneys' Plan for retirement for district attorneys; and to provide guidelines
for the plans. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 36-27B-1, Code
of Alabama 1975, is amended to read as follows: §36-27B-1. "There shall be created the
Preretirement Death Benefit Program effective October 1, 1985, which shall be effective as
of that date to all employees covered under the Teachers' Retirement System of Alabama and
the Employees' Retirement System of Alabama. Beginning November 8, 2016, the Preretirement
Death Benefit Program shall be effective to all members of the Judges' and Clerks' Plan and
the District Attorneys' Plan provided for in Section 3 and Section 19. In...
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SB442
168600-1:n:04/30/2015:FC/cj LRS2015-1847 SB442 By Senator Bussman RFD Health and Human Services
Rd 1 30-APR-15 SYNOPSIS: Under existing law, the venue of a civil action concerning an administrative
decision of a county department of human resources is in the circuit court in Montgomery County
or in the circuit court of the county where the county department is located. A BILL TO BE
ENTITLED AN ACT Relating to appeals of any administrative decision of a county department
of human resources; to provide for venue only in the circuit court where the county department
is located. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Notwithstanding the provisions
of subsection (b) of Section 41-22-20, Code of Alabama 1975, or any other provision of law,
a petition for review or appeal of any decision, order, or ruling of a county department of
human resources, including, but not limited to, contested cases under Chapter 22, Title 41,
Code of Alabama 1975, shall be filed only in the...
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HB213
164732-1:n:02/18/2015:PMG*/th LRS2015-610 HB213 By Representatives Butler, Nordgren, Ball,
Sanderford, Tuggle, Williams (JD), Whorton (R), Henry, Garrett, Johnson (R), Moore (B), Faust,
South, Martin, Clouse, Fridy, Drake and McMillan RFD Judiciary Rd 1 10-MAR-15 SYNOPSIS: This
bill would provide that the liberty of a parent to direct the upbringing, education, and care
of a child is a fundamental right. This bill would also prohibit the state or any agency or
locality from infringing on this fundamental right without demonstrating that its governmental
interest is of the highest order. A BILL TO BE ENTITLED AN ACT Relating to parental rights;
to provide that the liberty of a parent to direct the upbringing, education, and care of a
child is a fundamental right; and to prohibit the state or any agency or locality from infringing
on this fundamental right without demonstrating that its governmental interest is of the highest
order. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1....
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