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AL SB345

Bill

Status

Introduced

3/14/2013

Primary Sponsor

Clay Scofield

Click for details

Origin

Senate

Regular Session 2013

AI Summary

  • Amends Alabama Code Sections 26-3-13 and 43-2-82 to limit judge of probate liability for bond-related actions to cases involving wanton, fraudulent, or intentional misconduct.

  • Removes liability for ordinary neglect or omission in taking bonds from conservators, executors, or administrators, replacing it with a higher misconduct standard.

  • Grants judges of probate the same immunity protections as circuit judges in Alabama.

  • Allows injured parties to maintain legal action against the judge and sureties only when misconduct meets the wanton, fraudulent, or intentional threshold.

  • Becomes effective immediately upon passage and gubernatorial approval or upon otherwise becoming law.

Legislative Description

Judge of probate, estates, bond of conservators, executors, administrators, liability limited unless grossly negligent, judicial immunity further provided for, Secs. 26-3-13, 43-2-82 am'd.

Judge, Probate

Last Action

Read for the first time and referred to the Senate committee on Governmental Affairs

3/14/2013

Committee Referrals

Governmental Affairs3/14/2013

Full Bill Text

No bill text available