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AL HB198
Bill
Status
5/8/2012
Primary Sponsor
Mac McCutcheon
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AI Summary
HB198 Summary
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Authorizes the District Attorney of the Thirty-ninth Judicial Circuit (Limestone County) to establish a discretionary pretrial diversion program allowing offenders to have charges reduced or dismissed upon meeting program conditions.
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Prohibits participation by offenders charged with Class A felonies, capital offenses, crimes resulting in death or serious injury, offenses involving deadly weapons, chemical endangerment of children, violence against minors under 14, law enforcement/school/military personnel, elderly persons over 65, drug trafficking, repeat DUI offenses, bribery, or public official misconduct.
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Requires written agreements between the district attorney and participating offenders including waivers of speedy trial and jury trial rights, tolling of statutes of limitations, restitution obligations, and behavioral conditions such as substance abuse treatment, employment, curfews, counseling, drug testing, and refraining from weapons.
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Establishes nonrefundable application fees determined by the district attorney, allocated as: 10% to court clerk, 5% to Limestone County Children's Advocacy Center, 5% to Limestone County Family Resource Center, and remainder to District Attorney's Solicitor's Fund; allows fee waivers or reductions for indigent offenders.
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Upon successful program completion, the district attorney requests case dismissal and offender discharge; if terminated, the court accepts guilty plea and imposes appropriate punishment while offender remains liable for all court costs, restitution, and assessments.
Legislative Description
Limestone County (39th Judicial Circuit), pretrial diversion program, district attorney authorized to establish
Limestone County
Last Action
Delivered to Governor at 4:42 p. m. on May 8, 2012.
5/8/2012