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AL HB238

Bill

Status

Engrossed

3/5/2014

Primary Sponsor

David Standridge

Click for details

Origin

House of Representatives

Regular Session 2014

AI Summary

  • Amends Sections 26-3-13 and 43-2-82 of the Code of Alabama 1975 to modify liability standards for judges of probate regarding bonds from conservators, executors, and administrators.

  • Changes liability standard from "any neglect or omission" to require that the judge's action be "wanton, fraudulent, or intentional misconduct" before liability attaches.

  • Grants judges of probate the same immunity protections as circuit judges in Alabama, except as specifically provided in the amended sections.

  • Allows injured persons to maintain actions against the judge and sureties to recover damages for injuries proved under the new wanton, fraudulent, or intentional misconduct standard.

  • Becomes effective immediately upon passage and approval by the Governor 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

Pending third reading on day 25 Favorable from Judiciary

3/13/2014

Committee Referrals

Judiciary3/6/2014
Judiciary1/15/2014

Full Bill Text

No bill text available