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HB47
173331-1:n:02/01/2016:JET/tj LRS2016-346 HB47 By Representative Poole RFD Judiciary Rd 1 02-FEB-16
SYNOPSIS: Under existing law, a law enforcement officer may arrest a person without a warrant
in various specified instances. This bill would authorize a law enforcement officer to arrest
a person without a warrant under certain conditions for trespassing on the property of an
educational institution. A BILL TO BE ENTITLED AN ACT To amend Section 13A-7-1, Code of Alabama
1975, and Section 15-10-3, Code of Alabama 1975, as last amended by Act 2015-493, 2015 Regular
Session, relating to warrantless arrests, to authorize a law enforcement officer to arrest
a person without a warrant under certain conditions for trespassing on the property of an
educational institution and to further provide for the definition of "building".
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-7-1, Code of Alabama 1975,
and Section 15-10-3, Code of Alabama 1975, as last amended by Act 2015-493,...
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SB12
172434-1:n:11/03/2015:JET/tj LRS2015-3155 SB12 By Senator Allen RFD Judiciary Rd 1 02-FEB-16
SYNOPSIS: This bill would provide for expanded civil liability for injuries resulting from
acts of terrorism. This bill would provide for the forfeiture of all property used in the
course of, or derived from, an act of terrorism. This bill would authorize a person injured
by an act of terrorism and law enforcement agencies involved in the investigation, prosecution,
mitigation, seizure, or forfeiture process for acts of terrorism to file a claim for costs
or damages to be satisfied from forfeited property. This bill would provide for the allocation
of proceeds from a forfeiture and disposition, and would specify that investigation expenses
must be paid first. This bill would provide a limitation period for asserting a claim against
forfeited property. This bill would also authorize a person injured by an act of terrorism
to file an action for damages against a person committing an act of...
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HB338
174592-1:n:02/24/2016:JET/mfc LRS2016-578 HB338 By Representatives Pettus, Rowe, Harper, Weaver,
Hill (M), Johnson (K), Henry, Collins, Nordgren, Patterson, Greer, Boothe, Lee, Ledbetter,
Whorton (R) and McCutcheon RFD Judiciary Rd 1 25-FEB-16 SYNOPSIS: Under existing law, certain
periods of incarceration are required for persons convicted of first, second, or third degree
domestic violence. This bill would double the incarceration periods for convictions of first
or second degree domestic violence if a child under the age of 18 years witnessed the domestic
violence and would provide increased incarceration periods for a first conviction of third
degree domestic violence if a child under the age of 18 years witnessed the domestic violence
and enhanced penalties for second, third, or subsequent convictions of third degree domestic
violence if a child witnessed the domestic violence. Also under existing law, a person who
commits a capital offense may be sentenced to death or life without...
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SB135
SB135 SYNOPSIS: Under existing law, the state occupies and preempts the entire field of regulation
in this state touching in any way upon firearms, ammunition, and firearm accessories, with
certain limited exceptions. This bill would clarify that the occupation and preemption by
the state expressly includes taxation and use of firearms, ammunition, and firearm accessories.
This bill would also prohibit counties and municipalities from imposing user fees or other
special fees related solely to the ownership or use of a firearm, ammunition, or firearm accessory
or from imposing additional restrictions on the issuance of pistol permits. A BILL TO BE ENTITLED
AN ACT Relating to firearms; to amend Section 13A-11-61.3, Code of Alabama 1975, to specify
that the state occupies the entire field of regulation of firearms, ammunition, and firearm
accessories including taxation and use; and to specify that a county or municipality may not
impose a user fee or other special fee related solely to...
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SB144
SB144 ENGROSSED By Senator Ward A BILL TO BE ENTITLED AN ACT Relating to the Alabama Fraudulent
Transfer Act; to amend Section 8-9A-1 of the Code of the Alabama 1975; to provide that a transfer
includes those transfers made pursuant to a divorce settlement or domestic settlement for
purposes of the Alabama Fraudulent Transfer Act; to provide that to the extent necessary to
effectuate the Legislature's intent, the Act shall be applied retroactively; and to clarify
that this act is declaratory in nature and not intended to change existing law. BE IT ENACTED
BY THE LEGISLATURE OF ALABAMA:Section 1. Section 8-9A-1 of the Code of Alabama 1975, is amended
to read as follows: §8-9A-1. As used in this chapter, the following words have the following
meanings: "(1) AFFILIATE. "a. A person who directly or indirectly owns, controls,
or holds with power to vote, 20 percent or more of the outstanding voting securities of the
debtor, other than a person who holds the securities, "1. As a fiduciary...
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HB113
173056-2:n:02/03/2016:PMG/tj LRS2016-120R1 HB113 By Representative Fridy RFD Judiciary Rd 1
03-FEB-16 SYNOPSIS: Under existing law, the Alabama Fraudulent Transfer Act prohibits the
fraudulent transfer of assets. This bill would provide that a transfer includes those transfers
made pursuant to a divorce settlement or domestic settlement for purposes of the Alabama Fraudulent
Transfer Act. This bill would provide that the act is declaratory of existing law and does
not change existing law. A BILL TO BE ENTITLED AN ACT Relating to the Alabama Fraudulent Transfer
Act; to amend Section 8-9A-1 of the Code of the Alabama 1975; to provide that a transfer includes
those transfers made pursuant to a divorce settlement or domestic settlement for purposes
of the Alabama Fraudulent Transfer Act; and to clarify that this act is declaratory in nature
and not intended to change existing law. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section
1. Section 8-9A-1 of the Code of Alabama 1975, is amended...
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SB419
176863-1:n:04/13/2016:KBH/th LRS2016-1530 SB419 By Senator Sanders RFD Judiciary Rd 1 19-APR-16
SYNOPSIS: This bill would create the Fairness in Enforcement of Fines and Fees Act and would
require all courts within the State of Alabama and all municipal or other governmental entities
to comply with basic constitutional principles relevant to the enforcement of fines and fees,
including due process, equal protection, and right to counsel. This bill would prohibit a
person from being incarcerated for nonpayment of fines or fees without a prior indigency determination
and would provide the person with certain notifications. This bill would require a person
charged with a traffic violation or minor misdemeanor be provided with adequate information,
including the charges against him or her and the options he or she has for resolving the charges.
This bill would require a court to proportion all fines, fees, and costs imposed by the court
when a sufficient showing of indigency has been made...
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HB362
175045-1:n:03/02/2016:JMH/th LRS2016-923 HB362 By Representative Hill (J) RFD Judiciary Rd
1 03-MAR-16 SYNOPSIS: Under existing law, marriage licenses are issued by the judge of probate
and the marriage is required to be solemnized by a person authorized to perform marriages.
This bill establishes the procedure for two people to enter into a marriage and requires the
recording of such marriage with the judge of probate. This bill would require the judge of
probate to transmit each recorded marriage received by the judge of probate during the preceding
calendar month to the Office of Vital Statistics on or before the fifth day of the following
calendar month. This bill would eliminate the requirement of marriage licenses. This bill
would provide that the two parties desiring to enter into a marriage must record certain affidavits,
forms, and data regarding the parties entering into the marriage with the judge of probate.
This bill would provide that it shall be the responsibility of the...
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SB143
SB143 ENGROSSED By Senator Albritton A BILL TO BE ENTITLED AN ACT To amend Sections 22-9A-17,
30-1-5, 30-1-12, and 30-1-16 of the Code of Alabama 1975, to abolish the requirement that
a marriage license be issued by the judge of probate and replace existing state statutory
marriage law with a statutory contract for marriage; to provide that a marriage would be entered
into by two parties; to provide that the judge of probate would record each marriage presented
to the probate court for recording and would forward the contract to the Office of Vital Statistics;
to provide for the content of a properly formed marriage; and to repeal Sections 30-1-9, 30-1-10,
30-1-11, 30-1-13, and 30-1-14 of the Code of Alabama 1975. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA:Section 1. Sections 22-9A-17, 30-1-5, 30-1-12, and 30-1-16 of the Code of Alabama
1975, are amended to read as follows: §22-9A-17. "(a) A record of each marriage performed
in this state shall be filed with the Office of Vital...
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SB420
SB420 By Senator Williams ENROLLED, An Act, To amend Section 13A-3-23, Code of Alabama 1975,
relating to the use of force in defense of a person, to require a pretrial hearing in which
a defendant claiming self-defense must prove by a preponderance of the evidence that the force,
including deadly force, was justified; to require the entry of an order dismissing the case
under certain conditions; and allowing certain defendants to continue to claim self-defense
at trial. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-3-23, Code of
Alabama 1975, is amended to read as follows: §13A-3-23. "(a) A person is justified in
using physical force upon another person in order to defend himself or herself or a third
person from what he or she reasonably believes to be the use or imminent use of unlawful physical
force by that other person, and he or she may use a degree of force which he or she reasonably
believes to be necessary for the purpose. A person may use deadly...
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