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AL SB166
Bill
Status
1/11/2018
Primary Sponsor
Hank Sanders
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AI Summary
SB166 Summary
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Creates the Fairness in Enforcement of Fines and Fees Act requiring Alabama courts and governmental entities to comply with constitutional principles (due process, equal protection, right to counsel) when enforcing fines and fees.
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Prohibits incarceration for nonpayment of fines or fees without prior indigency determination and requires courts to proportion fines, fees, and costs to a person's financial capacity based on a standard affidavit.
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Mandates courts provide alternatives to incarceration including reasonable installment payment plans and community service options, with detailed notice requirements including court date, charges, payment options, and right to counsel.
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Restricts use of arrest warrants by prohibiting their issuance solely for inability to pay and requiring exhaustion of other mechanisms; requires release on own recognizance within 12 hours of booking for initial violations or outstanding warrants.
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Prohibits driver's license suspension for failure to appear or pay fines in traffic violations or minor misdemeanors and requires immediate reinstatement; requires prosecutors to operate independently from courts and ensures municipal judge independence.
Legislative Description
Courts, fines and fees, Fairness in Enforcement of Fines and Fees Act, required to comply with basic constitutional principles of due process, equal protection, and right to counsel when enforcing fines and fees
Courts
Last Action
Read for the first time and referred to the Senate committee on Judiciary
1/11/2018