Alabama 2023 Regular Session

Alabama House Bill HB113 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB113ENROLLED~~
	1	+	HB113INTRODUCED
2	2		Page 0
3		-	XDRJ7Z-3
	3	+	XDRJ7Z-1
4	4		By Representatives Crawford, Whitt, Rigsby, Moore (P),
5	5		Harrison (N & P)
6	6		RFD: Limestone County Legislation
7	7		First Read: 21-Mar-23
8		-	2023 Regular Session
9	8		1
10	9		2
11	10		3
12	11		4
13	12		5
14		-	6
15		-	7 HB113 EnrolledHB113 Enrolled
	13	+	6 XDRJ7Z-1 02/02/2023 FC (L)ma 2023-226
16	14		Page 1
17		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
18	18		Relating to Limestone County; to establish a service of
19	19		process fee for the service or attempted service of documents
20	20		by the Limestone County Sheriff's Office in the civil division
21	21		of the circuit and district courts; to establish a fingerprint
22	22		fee for fingerprinting certain persons and a local background
23	23		check fee; to ratify and confirm fingerprint fees and local
24	24		background check fees collected prior to the effective date of
25	25		this act; and to provide for a booking fee to be imposed on
26	26		each person booked into the Limestone County Jail and
27	27		subsequently convicted of a crime, the collection of the fees,
28	28		and for the distribution of the revenues derived from the
29	29		fees.
30	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	31		Section 1. This act shall only apply to Limestone
32	32		County.
33	33		Section 2.(a) In addition to all other charges, fees,
34	34		judgments, and costs of court in the civil division of the
35	35		district and circuit courts of Limestone County, a service of
36	36		process fee of up to fifty dollars ($50) shall be assessed and
37		-	collected for service of process by the Limestone County
38		-	Sheriff's Office on each delivery requiring personal service
39		-	of process.
40		-	(b) In addition to all other charges, fees, judgments,
41		-	and costs of court, a service of process fee of up to
42		-	seventy-five dollars ($75) shall be assessed and collected for
43		-	service of process by the Limestone County Sheriff's Office
	37	+	collected for service or attempted service of process by the
44	38		1
45	39		2
46	40		3
47	41		4
48	42		5
49	43		6
50	44		7
51	45		8
52	46		9
53	47		10
54	48		11
55	49		12
56	50		13
57	51		14
58	52		15
59	53		16
60	54		17
61	55		18
62	56		19
63	57		20
64	58		21
65	59		22
66	60		23
67	61		24
68	62		25
69	63		26
70	64		27
71		-	28 HB113 ~~EnrolledHB113 Enrolled~~
	65	+	28 HB113 INTRODUCEDHB113 INTRODUCED
72	66		Page 2
73		-	for matters pending or to be commenced in a court outside of
74		-	this state.
	67	+	Limestone County Sheriff's Office on each delivery requiring
	68	+	personal service of process.
	69	+	(b) In addition to all other charges, fees, judgments,
	70	+	and costs of court, a service of process fee of up to
	71	+	seventy-five dollars ($75) shall be assessed and collected for
	72	+	service or attempted service of process by the Limestone
	73	+	County Sheriff's Office for matters pending or to be commenced
	74	+	in a court outside of this state.
75	75		(c) The amount of the service of process fees provided
76	76		for in subsection (a) and (b) shall be set by the sheriff with
77	77		approval of the county commission.
78	78		(d) The clerk of the court shall collect the service of
79	79		process fee provided for in subsections (a) and (b). The fees,
80	80		when collected, shall be distributed at least monthly to the
81	81		Limestone County Sheriff's Law Enforcement Fund or to another
82	82		fund that may be established by law for the sheriff's fees.
83	83		Section 3.(a) In addition to all other charges, fees,
84	84		and costs, a fingerprint fee of up to sixty dollars ($60)
85	85		shall be collected for fingerprinting individuals for passport
86	86		identification, employment applications, or for any other
87	87		non-law enforcement purpose. A fee shall not be charged for
88	88		fingerprinting performed for law enforcement purposes or for
89	89		an application for a pistol permit.
90	90		(b)(1) At the request of a resident of the county, the
91	91		Sheriff of Limestone County or his or her designee may provide
92	92		a local background check to the resident based on a search of
93	93		local criminal records available to the sheriff's office. The
94	94		search shall not include national or state databases of
95		-	criminal records.
96		-	(2) In addition to all other charges, fees, and costs,
97		-	a service fee of up to twenty dollars ($20) shall be collected
98		-	for local background checks performed by the sheriff's office.
99		-	(c) The amount of the fingerprint fee and the fee for a
100		-	local background check provided for in subsection (a) and (b)
101	95		29
102	96		30
103	97		31
104	98		32
105	99		33
106	100		34
107	101		35
108	102		36
109	103		37
110	104		38
111	105		39
112	106		40
113	107		41
114	108		42
115	109		43
116	110		44
117	111		45
118	112		46
119	113		47
120	114		48
121	115		49
122	116		50
123	117		51
124	118		52
125	119		53
126	120		54
127	121		55
128		-	56 HB113 ~~EnrolledHB113 Enrolled~~
	122	+	56 HB113 INTRODUCEDHB113 INTRODUCED
129	123		Page 3
	124	+	criminal records.
	125	+	(2) In addition to all other charges, fees, and costs,
	126	+	a service fee of up to twenty dollars ($20) shall be collected
	127	+	for local background checks performed by the sheriff's office.
	128	+	(c) The amount of the fingerprint fee and the fee for a
	129	+	local background check provided for in subsection (a) and (b)
130	130		shall be set by the sheriff with approval of the county
131	131		commission.
132	132		(d) The Sheriff of Limestone County or his or her
133	133		designee shall collect the fees provided for in subsection (a)
134	134		and (b). The fees, when collected, shall be distributed to the
135	135		Limestone County Sheriff's Law Enforcement Fund, or to another
136	136		fund that may be established by law for the sheriff's office.
137	137		Section 4.(1) A booking fee in the amount of thirty
138	138		dollars ($30) shall be assessed against and collected from
139	139		each individual booked or incarcerated in the Limestone County
140	140		Jail and subsequently convicted. The fee assessed pursuant to
141	141		this section shall be in addition to any fines, court costs,
142	142		or other charges imposed.
143	143		(2) The booking fee imposed by this section shall be
144	144		assessed against a defendant upon conviction by a court of law
145	145		where the defendant is convicted. The clerk of the court shall
146	146		enter the amount of the fee on the docket sheet and shall
147	147		collect the fee in the same manner and the same time as court
148	148		costs.
149	149		(3) The revenues derived from the booking fee shall be
150	150		deposited in the Limestone County Sheriff’s Office Law
151	151		Enforcement Fund to be used by the Sheriff of Limestone County
152		-	for salaries, training, operational expenses, or other law
153		-	enforcement uses as determined by the sheriff to best meet the
154		-	needs of his or her agency. Notwithstanding the foregoing, the
155		-	fee shall not be deemed a court cost based on collection by
156		-	the clerk.
157		-	(4) In any case where the booking fee is not paid, the
158	152		57
159	153		58
160	154		59
161	155		60
162	156		61
163	157		62
164	158		63
165	159		64
166	160		65
167	161		66
168	162		67
169	163		68
170	164		69
171	165		70
172	166		71
173	167		72
174	168		73
175	169		74
176	170		75
177	171		76
178	172		77
179	173		78
180	174		79
181	175		80
182	176		81
183	177		82
184	178		83
185		-	84 HB113 ~~EnrolledHB113 Enrolled~~
	179	+	84 HB113 INTRODUCEDHB113 INTRODUCED
186	180		Page 4
	181	+	for salaries, training, operational expenses, or other law
	182	+	enforcement uses as determined by the sheriff to best meet the
	183	+	needs of his or her agency. Notwithstanding the foregoing, the
	184	+	fee shall not be deemed a court cost based on collection by
	185	+	the clerk.
	186	+	(4) In any case where the booking fee is not paid, the
187	187		district attorney of the county may assist in the collection
188	188		of the fees in the same manner as court—ordered monies. In
189	189		addition, the sheriff may contract for the collection of the
190	190		fees and pay a portion of the fees as a cost for collection.
191	191		(5) The sheriff may withhold funds equal to the amount
192	192		of the booking fee from any funds held while an individual is
193	193		incarcerated in the Limestone County Jail and those funds may
194	194		be applied toward any assessment of a booking fee pursuant to
195	195		this section. Any funds withheld shall be repaid to the
196	196		defendant if no conviction results after dismissal of all
197	197		charges or acquittal.
198	198		Section 5.(a) All funds collected and deposited in the
199	199		Sheriff's Law Enforcement Fund pursuant to Sections 1 through
200	200		4 may be expended at the discretion of the Sheriff of
201	201		Limestone County for any law enforcement purpose.
202	202		(b) The fees deposited into the Sheriff's Law
203	203		Enforcement Fund shall not diminish, offset, or take the place
204	204		of budgeted funds or any other source of income established
205	205		for the sheriff or for the operation of the sheriff's office.
206	206		(c) Any funds remaining in the Sheriff's Law
207	207		Enforcement Fund at the end of each fiscal year shall not
208	208		revert to the county general fund.
209		-	Section 6. The district attorney, law enforcement,
210		-	grand juries, and Limestone County shall be exempt from
211		-	payment of the fees provided for in Sections 1 through 4.
212		-	Section 7. Any actions of the sheriff or the sheriff's
213		-	office prior to the effective date of this act in the charging
214		-	and collecting of any fingerprint fees for fingerprinting
215	209		85
216	210		86
217	211		87
218	212		88
219	213		89
220	214		90
221	215		91
222	216		92
223	217		93
224	218		94
225	219		95
226	220		96
227	221		97
228	222		98
229	223		99
230	224		100
231	225		101
232	226		102
233	227		103
234	228		104
235	229		105
236	230		106
237	231		107
238	232		108
239	233		109
240	234		110
241	235		111
242		-	112 HB113 ~~EnrolledHB113 Enrolled~~
	236	+	112 HB113 INTRODUCEDHB113 INTRODUCED
243	237		Page 5
	238	+	Section 6. The district attorney, law enforcement,
	239	+	grand juries, and Limestone County shall be exempt from
	240	+	payment of the fees provided for in Sections 1 through 4.
	241	+	Section 7. Any actions of the sheriff or the sheriff's
	242	+	office prior to the effective date of this act in the charging
	243	+	and collecting of any fingerprint fees for fingerprinting
244	244		persons by the sheriff's office and for local background
245	245		checks by the sheriff's office, the payment of the fees to the
246	246		Sheriff's Law Enforcement Fund in Limestone County, and the
247	247		expenditure of any of the funds for law enforcement purposes
248	248		prior to the effective date of this act are ratified,
249	249		validated, and confirmed.
250	250		Section 8. This act shall become effective on the first
251	251		day of the third month following its passage and approval by
252	252		the Governor, or its otherwise becoming law.
253	253		113
254	254		114
255	255		115
256	256		116
257	257		117
258	258		118
259	259		119
260	260		120
261		-	121 HB113 EnrolledHB113 Enrolled
262		-	Page 6
263		-	________________________________________________
264		-	Speaker of the House of Representatives
265		-	________________________________________________
266		-	President and Presiding Officer of the Senate
267		-	House of Representatives
268		-	I hereby certify that the within Act originated in and
269		-	was passed by the House 06-Apr-23, as amended.
270		-	John Treadwell
271		-	Clerk
272		-	Senate 03-May-23 Passed
	261	+	121
273	262		122
274	263		123
275	264		124
276	265		125
277	266		126
278	267		127
279		-	128
280		-	129
281		-	130
282		-	131
283		-	132
284		-	133
285		-	134
286		-	135
287		-	136
288		-	137
289		-	138
290		-	139
291		-	140
292		-	141
293		-	142
294		-	143
295		-	144
296		-	145
297		-	146
298		-	147