HB113ENROLLED
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By Representatives Crawford, Whitt, Rigsby, Moore (P),
Harrison (N & P)
RFD: Limestone County Legislation
First Read: 21-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to Limestone County; to establish a service of
process fee for the service or attempted service of documents
by the Limestone County Sheriff's Office in the civil division
of the circuit and district courts; to establish a fingerprint
fee for fingerprinting certain persons and a local background
check fee; to ratify and confirm fingerprint fees and local
background check fees collected prior to the effective date of
this act; and to provide for a booking fee to be imposed on
each person booked into the Limestone County Jail and
subsequently convicted of a crime, the collection of the fees,
and for the distribution of the revenues derived from the
fees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply to Limestone
County.
Section 2.(a) In addition to all other charges, fees,
judgments, and costs of court in the civil division of the
district and circuit courts of Limestone County, a service of
process fee of up to fifty dollars ($50) shall be assessed and
collected for service of process by the Limestone County
Sheriff's Office on each delivery requiring personal service
of process.
(b) In addition to all other charges, fees, judgments,
and costs of court, a service of process fee of up to
seventy-five dollars ($75) shall be assessed and collected for
service of process by the Limestone County Sheriff's Office
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for matters pending or to be commenced in a court outside of
this state.
(c) The amount of the service of process fees provided
for in subsection (a) and (b) shall be set by the sheriff with
approval of the county commission.
(d) The clerk of the court shall collect the service of
process fee provided for in subsections (a) and (b). The fees,
when collected, shall be distributed at least monthly to the
Limestone County Sheriff's Law Enforcement Fund or to another
fund that may be established by law for the sheriff's fees.
Section 3.(a) In addition to all other charges, fees,
and costs, a fingerprint fee of up to sixty dollars ($60)
shall be collected for fingerprinting individuals for passport
identification, employment applications, or for any other
non-law enforcement purpose. A fee shall not be charged for
fingerprinting performed for law enforcement purposes or for
an application for a pistol permit.
(b)(1) At the request of a resident of the county, the
Sheriff of Limestone County or his or her designee may provide
a local background check to the resident based on a search of
local criminal records available to the sheriff's office. The
search shall not include national or state databases of
criminal records.
(2) In addition to all other charges, fees, and costs,
a service fee of up to twenty dollars ($20) shall be collected
for local background checks performed by the sheriff's office.
(c) The amount of the fingerprint fee and the fee for a
local background check provided for in subsection (a) and (b)
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shall be set by the sheriff with approval of the county
commission.
(d) The Sheriff of Limestone County or his or her
designee shall collect the fees provided for in subsection (a)
and (b). The fees, when collected, shall be distributed to the
Limestone County Sheriff's Law Enforcement Fund, or to another
fund that may be established by law for the sheriff's office.
Section 4.(1) A booking fee in the amount of thirty
dollars ($30) shall be assessed against and collected from
each individual booked or incarcerated in the Limestone County
Jail and subsequently convicted. The fee assessed pursuant to
this section shall be in addition to any fines, court costs,
or other charges imposed.
(2) The booking fee imposed by this section shall be
assessed against a defendant upon conviction by a court of law
where the defendant is convicted. The clerk of the court shall
enter the amount of the fee on the docket sheet and shall
collect the fee in the same manner and the same time as court
costs.
(3) The revenues derived from the booking fee shall be
deposited in the Limestone County Sheriff’s Office Law
Enforcement Fund to be used by the Sheriff of Limestone County
for salaries, training, operational expenses, or other law
enforcement uses as determined by the sheriff to best meet the
needs of his or her agency. Notwithstanding the foregoing, the
fee shall not be deemed a court cost based on collection by
the clerk.
(4) In any case where the booking fee is not paid, the
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district attorney of the county may assist in the collection
of the fees in the same manner as court—ordered monies. In
addition, the sheriff may contract for the collection of the
fees and pay a portion of the fees as a cost for collection.
(5) The sheriff may withhold funds equal to the amount
of the booking fee from any funds held while an individual is
incarcerated in the Limestone County Jail and those funds may
be applied toward any assessment of a booking fee pursuant to
this section. Any funds withheld shall be repaid to the
defendant if no conviction results after dismissal of all
charges or acquittal.
Section 5.(a) All funds collected and deposited in the
Sheriff's Law Enforcement Fund pursuant to Sections 1 through
4 may be expended at the discretion of the Sheriff of
Limestone County for any law enforcement purpose.
(b) The fees deposited into the Sheriff's Law
Enforcement Fund shall not diminish, offset, or take the place
of budgeted funds or any other source of income established
for the sheriff or for the operation of the sheriff's office.
(c) Any funds remaining in the Sheriff's Law
Enforcement Fund at the end of each fiscal year shall not
revert to the county general fund.
Section 6. The district attorney, law enforcement,
grand juries, and Limestone County shall be exempt from
payment of the fees provided for in Sections 1 through 4.
Section 7. Any actions of the sheriff or the sheriff's
office prior to the effective date of this act in the charging
and collecting of any fingerprint fees for fingerprinting
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persons by the sheriff's office and for local background
checks by the sheriff's office, the payment of the fees to the
Sheriff's Law Enforcement Fund in Limestone County, and the
expenditure of any of the funds for law enforcement purposes
prior to the effective date of this act are ratified,
validated, and confirmed.
Section 8. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 06-Apr-23, as amended.
John Treadwell
Clerk
Senate 03-May-23 Passed
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