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AL SB345
Bill
Status
3/14/2013
Primary Sponsor
Clay Scofield
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AI Summary
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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.
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Removes liability for ordinary neglect or omission in taking bonds from conservators, executors, or administrators, replacing it with a higher misconduct standard.
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Grants judges of probate the same immunity protections as circuit judges in Alabama.
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Allows injured parties to maintain legal action against the judge and sureties only when misconduct meets the wanton, fraudulent, or intentional threshold.
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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