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AL HB443

Bill

Status

Introduced

3/17/2016

Primary Sponsor

Jim Hill

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Origin

House of Representatives

Regular Session 2016

AI Summary

HB443 Summary

  • Amends Sections 16-25-23 and 36-27-28 of the Alabama Code to allow restitution, fines, court costs, and fees from felony criminal cases to be collected from Teachers' Retirement System and Employees' Retirement System benefits, which were previously exempt.

  • Courts may order up to 25 percent of a retiree's or beneficiary's gross monthly benefit (minus child support and health insurance deductions) to be diverted to pay criminal obligations when restitution amounts are $1,000 or greater.

  • Applies only when the case is assigned to the district attorney's restitution recovery division and the recipient is currently receiving benefits from either system.

  • Court orders must include detailed information about the individual, case numbers, amounts owed, county jurisdiction, and the circuit clerk's information.

  • District attorney must notify the court when obligations are paid in full, at which point diversions cease; any overpayments must be returned to the retirement system within 60 days.

  • Effective on the first day of the third month following passage and approval by the Governor.

Legislative Description

Court costs, fines and restitution, attachment to certain benefits of the Teachers' Retirement System and the Employees' Retirement System, Secs. 16-25-23, 36-27-28 am'd.

Court Costs

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

3/17/2016

Committee Referrals

Judiciary3/17/2016

Full Bill Text

No bill text available