Alabama 2022 Regular Session

Alabama Senate Bill SB75 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB75
2		-	2 214974-4
	2	+	2 214974-2
3	3		3 By Senator Barfoot
4	4		4 RFD: Judiciary
5	5		5 First Read: 13-JAN-22
6	6
7		-	Page 0 SB75
8		-	1 SB75
	7	+	Page 0 1 SB75
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to probate courts; to amend Sections
13		-	6 12-13-1, 38-9-2, and 38-9F-4, Code of Alabama 1975, and to add
14		-	7 Sections 38-9-3.1 and 38-9-6.1 to the Code of Alabama 1975, to
15		-	8 further provide for the original and general jurisdiction of
16		-	9 probate courts; to provide probate courts with jurisdiction
17		-	10 over certain proceedings under the Adult Protective Services
18		-	11 Act of 1976; to authorize certain judges of probate to issue
19		-	12 elder abuse protection orders under certain conditions; and to
20		-	13 make nonsubstantive, technical revisions to update existing
21		-	14 code language to current style.
22		-	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	16 Section 1. Sections 12-13-1 and 38-9-2, Code of
24		-	17 Alabama 1975, are amended to read as follows:
25		-	18 "§12-13-1.
26		-	19 "(a) The probate court shall have original and
27		-	20 general jurisdiction as to all matters mentioned in this
28		-	21 section and shall have original and general jurisdiction as to
29		-	22 all other matters which may be conferred upon them by statute
30		-	23 law, unless the statute law so conferring jurisdiction
31		-	24 expressly makes the jurisdiction special or limited.
32		-	Page 1 SB75
33		-	1 "(b) The probate court shall have original and
34		-	2 general jurisdiction over the following matters:
35		-	3 "(1) The probate of wills.
36		-	4 "(2) The granting of letters testamentary and of
37		-	5 administration and the repeal or revocation of the same.
38		-	6 "(3) All controversies in relation to the right of
39		-	7 executorship or of administration.
40		-	8 "(4) The settlement of accounts of executors and
41		-	9 administrators.
42		-	10 "(5) The sale and disposition of the real and
43		-	11 personal property belonging to and the distribution of
44		-	12 intestate's estates.
45		-	13 "(6) The appointment and removal of guardians for
46		-	14 minors and persons of unsound mind.
47		-	15 "(7) All controversies as to the right of
48		-	16 guardianship and the settlement of guardians' accounts.
49		-	17 "(8) The allotment of dower in land in the cases
50		-	18 provided by law.
51		-	19 "(9) The partition of lands within their counties.
52		-	20 "(10) The change of the name of any person adult
53		-	21 residing in their county, upon his or her filing a declaration
54		-	22 in writing, signed by him or her, stating the name by which he
55		-	23 or she is known and the name to which he or she wishes it to
56		-	24 be changed.
57		-	Page 2 SB75
58		-	1 "(11) The change of the name of any minor residing
	10	+	4 ENGROSSED
	11	+	5
	12	+	6
	13	+	7 A BILL
	14	+	8 TO BE ENTITLED
	15	+	9 AN ACT
	16	+	10
	17	+	11 Relating to probate courts; to amend Sections
	18	+	12 12-13-1, 38-9-2, and 38-9F-4, Code of Alabama 1975, and to add
	19	+	13 Sections 38-9-3.1 and 38-9-6.1 to the Code of Alabama 1975, to
	20	+	14 further provide for the original and general jurisdiction of
	21	+	15 probate courts; to provide probate courts with jurisdiction
	22	+	16 over certain proceedings under the Adult Protective Services
	23	+	17 Act of 1976; to authorize certain judges of probate to issue
	24	+	18 elder abuse protection orders under certain conditions; and to
	25	+	19 make nonsubstantive, technical revisions to update existing
	26	+	20 code language to current style.
	27	+	21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	28	+	22 Section 1. Sections 12-13-1 and 38-9-2, Code of
	29	+	23 Alabama 1975, are amended to read as follows:
	30	+	24 "§12-13-1.
	31	+	25 "(a) The probate court shall have original and
	32	+	26 general jurisdiction as to all matters mentioned in this
	33	+	27 section and shall have original and general jurisdiction as to
	34	+	Page 1 1 all other matters which may be conferred upon them by statute
	35	+	2 law, unless the statute law so conferring jurisdiction
	36	+	3 expressly makes the jurisdiction special or limited.
	37	+	4 "(b) The probate court shall have original and
	38	+	5 general jurisdiction over the following matters:
	39	+	6 "(1) The probate of wills.
	40	+	7 "(2) The granting of letters testamentary and of
	41	+	8 administration and the repeal or revocation of the same.
	42	+	9 "(3) All controversies in relation to the right of
	43	+	10 executorship or of administration.
	44	+	11 "(4) The settlement of accounts of executors and
	45	+	12 administrators.
	46	+	13 "(5) The sale and disposition of the real and
	47	+	14 personal property belonging to and the distribution of
	48	+	15 intestate's estates.
	49	+	16 "(6) The appointment and removal of guardians for
	50	+	17 minors and persons of unsound mind.
	51	+	18 "(7) All controversies as to the right of
	52	+	19 guardianship and the settlement of guardians' accounts.
	53	+	20 "(8) The allotment of dower in land in the cases
	54	+	21 provided by law.
	55	+	22 "(9) The partition of lands within their counties.
	56	+	23 "(10) The change of the name of any person adult
	57	+	24 residing in their county, upon his or her filing a declaration
	58	+	25 in writing, signed by him or her, stating the name by which he
	59	+	26 or she is known and the name to which he or she wishes it to
	60	+	27 be changed.
	61	+	Page 2 1 "(11) The change of the name of any minor residing
59	62		2 in their county, upon the filing of a declaration in writing,
60	63		3 signed by the parent or legal guardian of the minor, stating
61	64		4 the name by which the minor is known and the name to which it
62	65		5 is to be changed, along with the consent from all persons who
63	66		6 have natural parental or legal rights of the minor. Consent of
64	67		7 the minor is required if the minor is 14 or more years of age.
65	68		8 This subdivision does not apply to a minor who is involved in
66	69		9 a domestic relations matter that is pending in the circuit
67	70		10 court or to a minor whose name is ordered by a court to be
68	71		11 changed pursuant to the Uniform Parentage Act.
69	72		12 "(11) Such other (12) Other cases as jurisdiction is
70	73		13 or may be given to such probate courts by law, in all cases to
71	74		14 be exercised in the manner prescribed by law.
72	75		15 "(c) The probate court and circuit court shall have
73	76		16 concurrent original and general jurisdiction of any
74	77		17 proceedings under Chapter 9 of Title 38.
75	78		18 "(c)(d) All orders, judgments, and decrees of
76	79		19 probate courts shall be accorded the same validity and
77	80		20 presumptions which are accorded to judgments and orders of
78	81		21 other courts of general jurisdiction.
79	82		22 "§38-9-2.
80	83		23 "For the purposes of this chapter, the following
81	84		24 terms shall have the following meanings:
82		-	Page 3 SB75
83		-	1 "(1) ABUSE. The infliction of physical pain, injury,
84		-	2 or the willful deprivation by a caregiver or other person of
85		-	3 services necessary to maintain mental and physical health.
86		-	4 "(2) ADULT IN NEED OF PROTECTIVE SERVICES. A person
87		-	5 18 years of age or older whose behavior indicates that he or
88		-	6 she is mentally incapable of adequately caring for himself or
89		-	7 herself and his or her interests without serious consequences
90		-	8 to himself or herself or others, or who, because of physical
91		-	9 or mental impairment, is unable to protect himself or herself
92		-	10 from abuse, neglect, exploitation, sexual abuse, or emotional
93		-	11 abuse by others, and who has no guardian, relative, or other
94		-	12 appropriate person able, willing, and available to assume the
95		-	13 kind and degree of protection and supervision required under
96		-	14 the circumstances.
97		-	15 "(3) CAREGIVER. An individual who has the
98		-	16 responsibility for the care of a protected person as a result
99		-	17 of family relationship or who has assumed the responsibility
100		-	18 for the care of the person voluntarily, by contract, or as a
101		-	19 result of the ties of friendship.
102		-	20 "(4) COURT. The circuit court or probate court.
103		-	21 "(5) DEPARTMENT. The Department of Human Resources
104		-	22 of the State of Alabama.
105		-	23 "(6) EMOTIONAL ABUSE. The willful or reckless
106		-	24 infliction of emotional or mental anguish or the use of a
107		-	25 physical or chemical restraint, medication, or isolation as
108		-	Page 4 SB75
109		-	1 punishment or as a substitute for treatment or care of any
110		-	2 protected person.
111		-	3 "(7) EMPLOYEE OF A NURSING HOME. A person permitted
112		-	4 to perform work in a nursing home by the nursing home
113		-	5 administrator or by a person or an entity with an ownership
114		-	6 interest in the facility, or by both. A person shall be
115		-	7 considered an employee whether or not he or she receives
116		-	8 compensation for the work performed.
117		-	9 "(8) EXPLOITATION. The expenditure, diminution, or
118		-	10 use of the property, assets, or resources of a protected
119		-	11 person without the express voluntary consent of that person or
120		-	12 his or her legally authorized representative or the admission
121		-	13 of or provision of care to a protected person who needs to be
122		-	14 in the care of a licensed hospital by an unlicensed hospital
123		-	15 after a court order obtained by the State Board of Health has
124		-	16 directed closure of the unlicensed hospital. For the purpose
125		-	17 of this section and Sections 38-9-6 and 38-9-7, the term
126		-	18 "unlicensed hospital" shall have the meaning ascribed to it in
127		-	19 Section 22-21-33, and the term "licensed hospital" shall have
128		-	20 the meaning ascribed to it in Section 22-21-20.
129		-	21 "(9) INTENTIONALLY. A person acts intentionally with
130		-	22 respect to a result or to conduct described by a statute
131		-	23 defining an offense, when his or her purpose is to cause that
132		-	24 result or to engage in that conduct.
133		-	Page 5 SB75
134		-	1 "(10) INTERESTED PERSON. Any adult relative, friend,
135		-	2 or guardian of a protected person, or any official or
136		-	3 representative of a public or private agency, corporation, or
137		-	4 association concerned with his or her the welfare of the
138		-	5 protected person.
139		-	6 "(11) MISAPPROPRIATION OF PROPERTY OF A NURSING HOME
140		-	7 RESIDENT. The deliberate misplacement or wrongful, temporary,
141		-	8 or permanent use or withholding of belongings or money of a
142		-	9 resident of a nursing home without the consent of the
143		-	10 resident.
144		-	11 "(12) NEGLECT. The failure of a caregiver to provide
145		-	12 food, shelter, clothing, medical services, or health care for
146		-	13 the person unable to care for himself or herself; or the
147		-	14 failure of the person to provide these basic needs for himself
148		-	15 or herself when the failure is the result of the person's
149		-	16 mental or physical inability.
150		-	17 "(13) NEURODEGENERATIVE. Relating to or being a
151		-	18 progressive loss of neurologic function.
152		-	19 "(14) NURSING FACILITY. A facility which that is
153		-	20 licensed as a nursing home by the Alabama Department of Public
154		-	21 Health pursuant to Article 2, Chapter 21, Title 22.
155		-	22 "(15) OTHER LIKE INCAPACITIES. Those conditions
156		-	23 incurred as the result of accident or mental or physical
157		-	24 illness, producing a condition which that substantially
158		-	25 impairs an individual from adequately providing for his or her
159		-	Page 6 SB75
160		-	1 own care or protecting his or her own interests or protecting
161		-	2 himself or herself from physical or mental injury or abuse.
162		-	3 "(16) PERSON. Any natural human being.
163		-	4 "(17) PHYSICAL INJURY. Impairment of physical
164		-	5 condition or substantial pain.
165		-	6 "(18) PROTECTED PERSON. Any person over 18 years of
166		-	7 age or older subject to protection under this chapter and not
167		-	8 otherwise subject to the jurisdiction of the juvenile court or
168		-	9 any person, including, but not limited to, persons with a
169		-	10 neurodegenerative disease, persons with intellectual
170		-	11 disabilities and developmental disabilities, or any person
171		-	12 over 18 years of age or older who is not otherwise subject to
172		-	13 the jurisdiction of the juvenile court and who that is
173		-	14 mentally or physically incapable of adequately caring for
174		-	15 himself or herself and his or her interests without serious
175		-	16 consequences to himself or herself or others.
176		-	17 "(19) PROTECTIVE SERVICES. Those services whose
177		-	18 objective is to protect an incapacitated person from himself
178		-	19 or herself and from others.
179		-	20 "(20) RECKLESSLY. A person acts recklessly with
180		-	21 respect to a result or to a circumstance described by a
181		-	22 statute defining an offense when he or she is aware of and
182		-	23 consciously disregards a substantial and unjustifiable risk
183		-	24 that the result will occur or that the circumstance exists.
184		-	25 The risk shall be of such nature and degree that its disregard
185		-	Page 7 SB75
186		-	1 constitutes a gross deviation from the standard conduct that a
187		-	2 reasonable person would observe in the situation. A person who
188		-	3 creates a risk but is unaware of that risk solely by reason of
189		-	4 voluntary intoxication, as defined in subdivision (e)(2) of
190		-	5 Section 13A-3-2, acts recklessly with respect thereto.
191		-	6 "(21) SERIOUS PHYSICAL INJURY. Physical injury which
192		-	7 that creates a risk of death, or which that causes serious and
193		-	8 protracted disfigurement, protracted impairment of health,
194		-	9 protracted loss of the function of any bodily organ, or the
195		-	10 impairment of the function of any bodily organ.
196		-	11 "(22) SEXUAL ABUSE. Any conduct that is constitutes
197		-	12 a crime as defined in Sections 13A-6-60 to 13A-6-70, inclusive
198		-	13 under Article 4 of Chapter 6 of Title 13A."
199		-	14 Section 2. Section 38-9-3.1 is added to the Code of
200		-	15 Alabama 1975, to read as follows:
201		-	16 §38-9-3.1.
202		-	17 The probate court and circuit court shall have
203		-	18 concurrent original and general jurisdiction as to all matters
204		-	19 mentioned in this chapter.
205		-	20 Section 3. Section 38-9-6.1 is added to the Code of
206		-	21 Alabama 1975, to read as follows:
207		-	22 §38-9-6.1.
208		-	23 (a) Nothing in this section applies to actions
209		-	24 pending in a probate court where the judge of probate is a
210		-	25 member in good standing with the Alabama State Bar.
211		-	Page 8 SB75
212		-	1 (b) At any time after the filing of a petition, but
213		-	2 before a hearing contemplated in Section 38-9-6, any protected
214		-	3 person, interested person, or party to an action under this
215		-	4 chapter may remove the action from the probate court to the
216		-	5 circuit court for the county in which the probate court is
217		-	6 located by doing all of the following, which shall effect the
218		-	7 removal:
219		-	8 (1) Filing in the circuit court a notice of removal
220		-	9 together with a copy of all processes, pleadings, and orders
221		-	10 filed in the probate court.
222		-	11 (2) Serving all parties to the action with a copy of
223		-	12 the removal notice.
224		-	13 (3) Filing a copy of the removal notice with the
225		-	14 clerk of the probate court.
226		-	15 (c) Upon completion of all of the requirements of
227		-	16 subsection (b), jurisdiction shall immediately vest in the
228		-	17 circuit court, and the probate court shall proceed no further.
229		-	18 Section 4. Section 38-9F-4, Code of Alabama 1975, is
230		-	19 amended to read as follows:
231		-	20 "§38-9F-4.
232		-	21 "(a) The following courts shall have jurisdiction to
233		-	22 issue elder abuse protection orders under this chapter:
234		-	23 "(1) Circuit courts.
235		-	24 "(2) A special circuit court judge appointed
236		-	25 pursuant to Section 12-1-14 or 12-1-14.1.
237		-	Page 9 SB75
238		-	1 "(3) A district court judge designated by a written
239		-	2 standing order from the presiding circuit court judge.
240		-	3 "(4) A judge of probate designated by a written
241		-	4 standing order from the presiding circuit court judge, where
242		-	5 the judge of probate is a member in good standing with the
243		-	6 Alabama State Bar.
244		-	7 "(b) An elder abuse protection order may be
245		-	8 requested in any pending civil or domestic relations action,
246		-	9 as an independent civil action, or in connection with the
247		-	10 preliminary, final, or post-judgment relief in a civil action.
248		-	11 "(c) A petition for an elder abuse protection order
249		-	12 may be filed in any of the following locations:
250		-	13 "(1) Where the plaintiff or defendant resides.
251		-	14 "(2) Where the plaintiff is temporarily located if
252		-	15 he or she has left his or her residence to avoid further
253		-	16 abuse.
254		-	17 "(3) Where the abuse occurred.
255		-	18 "(d) There is no minimum period of residence for the
256		-	19 plaintiff in the State of Alabama or in the county in which a
257		-	20 case is filed.
258		-	21 "(e) An elder abuse protection order shall be a
259		-	22 status order that is specifically designed to protect the
260		-	23 elderly person, and in personam jurisdiction over the
261		-	24 defendant shall not be required in order to issue an ex parte
262		-	25 or final order under this chapter."
263		-	Page 10 SB75
264		-	1 Section 5. This act shall become effective on the
265		-	2 first day of the third month following its passage and
266		-	3 approval by the Governor, or its otherwise becoming law.
267		-	Page 11 SB75
268		-	1
	85	+	25 "(1) ABUSE. The infliction of physical pain, injury,
	86	+	26 or the willful deprivation by a caregiver or other person of
	87	+	27 services necessary to maintain mental and physical health.
	88	+	Page 3 1 "(2) ADULT IN NEED OF PROTECTIVE SERVICES. A person
	89	+	2 18 years of age or older whose behavior indicates that he or
	90	+	3 she is mentally incapable of adequately caring for himself or
	91	+	4 herself and his or her interests without serious consequences
	92	+	5 to himself or herself or others, or who, because of physical
	93	+	6 or mental impairment, is unable to protect himself or herself
	94	+	7 from abuse, neglect, exploitation, sexual abuse, or emotional
	95	+	8 abuse by others, and who has no guardian, relative, or other
	96	+	9 appropriate person able, willing, and available to assume the
	97	+	10 kind and degree of protection and supervision required under
	98	+	11 the circumstances.
	99	+	12 "(3) CAREGIVER. An individual who has the
	100	+	13 responsibility for the care of a protected person as a result
	101	+	14 of family relationship or who has assumed the responsibility
	102	+	15 for the care of the person voluntarily, by contract, or as a
	103	+	16 result of the ties of friendship.
	104	+	17 "(4) COURT. The circuit court or probate court.
	105	+	18 "(5) DEPARTMENT. The Department of Human Resources
	106	+	19 of the State of Alabama.
	107	+	20 "(6) EMOTIONAL ABUSE. The willful or reckless
	108	+	21 infliction of emotional or mental anguish or the use of a
	109	+	22 physical or chemical restraint, medication, or isolation as
	110	+	23 punishment or as a substitute for treatment or care of any
	111	+	24 protected person.
	112	+	25 "(7) EMPLOYEE OF A NURSING HOME. A person permitted
	113	+	26 to perform work in a nursing home by the nursing home
	114	+	27 administrator or by a person or an entity with an ownership
	115	+	Page 4 1 interest in the facility, or by both. A person shall be
	116	+	2 considered an employee whether or not he or she receives
	117	+	3 compensation for the work performed.
	118	+	4 "(8) EXPLOITATION. The expenditure, diminution, or
	119	+	5 use of the property, assets, or resources of a protected
	120	+	6 person without the express voluntary consent of that person or
	121	+	7 his or her legally authorized representative or the admission
	122	+	8 of or provision of care to a protected person who needs to be
	123	+	9 in the care of a licensed hospital by an unlicensed hospital
	124	+	10 after a court order obtained by the State Board of Health has
	125	+	11 directed closure of the unlicensed hospital. For the purpose
	126	+	12 of this section and Sections 38-9-6 and 38-9-7, the term
	127	+	13 "unlicensed hospital" shall have the meaning ascribed to it in
	128	+	14 Section 22-21-33, and the term "licensed hospital" shall have
	129	+	15 the meaning ascribed to it in Section 22-21-20.
	130	+	16 "(9) INTENTIONALLY. A person acts intentionally with
	131	+	17 respect to a result or to conduct described by a statute
	132	+	18 defining an offense, when his or her purpose is to cause that
	133	+	19 result or to engage in that conduct.
	134	+	20 "(10) INTERESTED PERSON. Any adult relative, friend,
	135	+	21 or guardian of a protected person, or any official or
	136	+	22 representative of a public or private agency, corporation, or
	137	+	23 association concerned with his or her the welfare of the
	138	+	24 protected person.
	139	+	25 "(11) MISAPPROPRIATION OF PROPERTY OF A NURSING HOME
	140	+	26 RESIDENT. The deliberate misplacement or wrongful, temporary,
	141	+	27 or permanent use or withholding of belongings or money of a
	142	+	Page 5 1 resident of a nursing home without the consent of the
	143	+	2 resident.
	144	+	3 "(12) NEGLECT. The failure of a caregiver to provide
	145	+	4 food, shelter, clothing, medical services, or health care for
	146	+	5 the person unable to care for himself or herself; or the
	147	+	6 failure of the person to provide these basic needs for himself
	148	+	7 or herself when the failure is the result of the person's
	149	+	8 mental or physical inability.
	150	+	9 "(13) NEURODEGENERATIVE. Relating to or being a
	151	+	10 progressive loss of neurologic function.
	152	+	11 "(14) NURSING FACILITY. A facility which that is
	153	+	12 licensed as a nursing home by the Alabama Department of Public
	154	+	13 Health pursuant to Article 2, Chapter 21, Title 22.
	155	+	14 "(15) OTHER LIKE INCAPACITIES. Those conditions
	156	+	15 incurred as the result of accident or mental or physical
	157	+	16 illness, producing a condition which that substantially
	158	+	17 impairs an individual from adequately providing for his or her
	159	+	18 own care or protecting his or her own interests or protecting
	160	+	19 himself or herself from physical or mental injury or abuse.
	161	+	20 "(16) PERSON. Any natural human being.
	162	+	21 "(17) PHYSICAL INJURY. Impairment of physical
	163	+	22 condition or substantial pain.
	164	+	23 "(18) PROTECTED PERSON. Any person over 18 years of
	165	+	24 age or older subject to protection under this chapter and not
	166	+	25 otherwise subject to the jurisdiction of the juvenile court or
	167	+	26 any person, including, but not limited to, persons with a
	168	+	27 neurodegenerative disease, persons with intellectual
	169	+	Page 6 1 disabilities and developmental disabilities, or any person
	170	+	2 over 18 years of age or older who is not otherwise subject to
	171	+	3 the jurisdiction of the juvenile court and who that is
	172	+	4 mentally or physically incapable of adequately caring for
	173	+	5 himself or herself and his or her interests without serious
	174	+	6 consequences to himself or herself or others.
	175	+	7 "(19) PROTECTIVE SERVICES. Those services whose
	176	+	8 objective is to protect an incapacitated person from himself
	177	+	9 or herself and from others.
	178	+	10 "(20) RECKLESSLY. A person acts recklessly with
	179	+	11 respect to a result or to a circumstance described by a
	180	+	12 statute defining an offense when he or she is aware of and
	181	+	13 consciously disregards a substantial and unjustifiable risk
	182	+	14 that the result will occur or that the circumstance exists.
	183	+	15 The risk shall be of such nature and degree that its disregard
	184	+	16 constitutes a gross deviation from the standard conduct that a
	185	+	17 reasonable person would observe in the situation. A person who
	186	+	18 creates a risk but is unaware of that risk solely by reason of
	187	+	19 voluntary intoxication, as defined in subdivision (e)(2) of
	188	+	20 Section 13A-3-2, acts recklessly with respect thereto.
	189	+	21 "(21) SERIOUS PHYSICAL INJURY. Physical injury which
	190	+	22 that creates a risk of death, or which that causes serious and
	191	+	23 protracted disfigurement, protracted impairment of health,
	192	+	24 protracted loss of the function of any bodily organ, or the
	193	+	25 impairment of the function of any bodily organ.
	194	+	Page 7 1 "(22) SEXUAL ABUSE. Any conduct that is constitutes
	195	+	2 a crime as defined in Sections 13A-6-60 to 13A-6-70, inclusive
	196	+	3 under Article 4 of Chapter 6 of Title 13A."
	197	+	4 Section 2. Section 38-9-3.1 is added to the Code of
	198	+	5 Alabama 1975, to read as follows:
	199	+	6 §38-9-3.1.
	200	+	7 The probate court and circuit court shall have
	201	+	8 concurrent original and general jurisdiction as to all matters
	202	+	9 mentioned in this chapter.
	203	+	10 Section 3. Section 38-9-6.1 is added to the Code of
	204	+	11 Alabama 1975, to read as follows:
	205	+	12 §38-9-6.1.
	206	+	13 (a) Nothing in this section applies to actions
	207	+	14 pending in a probate court where the judge of probate is a
	208	+	15 member in good standing with the Alabama State Bar.
	209	+	16 (b) At any time after the filing of a petition, but
	210	+	17 before a hearing contemplated in Section 38-9-6, any protected
	211	+	18 person, interested person, or party to an action under this
	212	+	19 chapter may remove the action from the probate court to the
	213	+	20 circuit court for the county in which the probate court is
	214	+	21 located by doing all of the following, which shall effect the
	215	+	22 removal:
	216	+	23 (1) Filing in the circuit court a notice of removal
	217	+	24 together with a copy of all processes, pleadings, and orders
	218	+	25 filed in the probate court.
	219	+	26 (2) Serving all parties to the action with a copy of
	220	+	27 the removal notice.
	221	+	Page 8 1 (3) Filing a copy of the removal notice with the
	222	+	2 clerk of the probate court.
	223	+	3 (c) Upon completion of all of the requirements of
	224	+	4 subsection (b), jurisdiction shall immediately vest in the
	225	+	5 circuit court, and the probate court shall proceed no further.
	226	+	6 Section 4. Section 38-9F-4, Code of Alabama 1975, is
	227	+	7 amended to read as follows:
	228	+	8 "§38-9F-4.
	229	+	9 "(a) The following courts shall have jurisdiction to
	230	+	10 issue elder abuse protection orders under this chapter:
	231	+	11 "(1) Circuit courts.
	232	+	12 "(2) A special circuit court judge appointed
	233	+	13 pursuant to Section 12-1-14 or 12-1-14.1.
	234	+	14 "(3) A district court judge designated by a written
	235	+	15 standing order from the presiding circuit court judge.
	236	+	16 "(4) A judge of probate designated by a written
	237	+	17 standing order from the presiding circuit court judge, where
	238	+	18 the judge of probate is a member in good standing with the
	239	+	19 Alabama State Bar.
	240	+	20 "(b) An elder abuse protection order may be
	241	+	21 requested in any pending civil or domestic relations action,
	242	+	22 as an independent civil action, or in connection with the
	243	+	23 preliminary, final, or post-judgment relief in a civil action.
	244	+	24 "(c) A petition for an elder abuse protection order
	245	+	25 may be filed in any of the following locations:
	246	+	26 "(1) Where the plaintiff or defendant resides.
	247	+	Page 9 1 "(2) Where the plaintiff is temporarily located if
	248	+	2 he or she has left his or her residence to avoid further
	249	+	3 abuse.
	250	+	4 "(3) Where the abuse occurred.
	251	+	5 "(d) There is no minimum period of residence for the
	252	+	6 plaintiff in the State of Alabama or in the county in which a
	253	+	7 case is filed.
	254	+	8 "(e) An elder abuse protection order shall be a
	255	+	9 status order that is specifically designed to protect the
	256	+	10 elderly person, and in personam jurisdiction over the
	257	+	11 defendant shall not be required in order to issue an ex parte
	258	+	12 or final order under this chapter."
	259	+	13 Section 5. This act shall become effective on the
	260	+	14 first day of the third month following its passage and
	261	+	15 approval by the Governor, or its otherwise becoming law.
	262	+	Page 10 1
269	263		2
270		-	3
271		-	4
272		-	President and Presiding Officer of the Senate
273		-
274		-	5
275		-	6 Speaker of the House of Representatives
276		-	SB757
277		-	8 Senate 16-FEB-22
278		-	9 I hereby certify that the within Act originated in and passed
279		-	10 the Senate, as amended.
280		-	11
281		-	12 Patrick Harris,
282		-	13 Secretary.
	264	+	3 Senate
	265	+	Read for the first time and referred to the Senate4
	266	+	committee on Judiciary............................5 1.3-JAN-22
	267	+	6
	268	+	Read for the second time and placed on the calen-7
	269	+	dar...............................................8 0.9-FEB-22
	270	+	9
	271	+	Read for the third time and passed as amended ....10 1.6-FEB-22
	272	+	Yeas 2911
	273	+	12 Nays 0
	274	+	13
283	275		14
284		-	15
285		-	16
286		-	17 House of Representatives
287		-	18 Passed: 03-MAR-22
288		-	19
289		-	20
290		-	21 By: Senator Barfoot
291		-	Page 12
	276	+	15 Patrick Harris,
	277	+	16 Secretary.
	278	+	17
	279	+	Page 11