Alabama 2023 Regular Session

Alabama House Bill HB232 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB232ENROLLED~~
	1	+	HB232INTRODUCED
2	2		Page 0
3		-	7BDC22-2
	3	+	7BDC22-1
4	4		By Representative Almond (N & P)
5	5		RFD: Tuscaloosa County Legislation
6	6		First Read: 04-Apr-23
7		-	2023 Regular Session
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13		-	6 HB232 EnrolledHB232 Enrolled
	11	+	5 7BDC22-1 02/28/2023 JC (L)ma 2023-344
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15		-	Enrolled, An Act,
	13	+	A BILL
	14	+	TO BE ENTITLED
	15	+	AN ACT
16	16		Relating to the City of Tuscaloosa; to amend Section 8
17	17		of Act 2011-660, 2011 Regular Session (Acts 2011, p. 1751) to
18	18		further provide that crime prevention programs and the
19	19		Behavioral Health Unit of the Tuscaloosa Police Department
20	20		shall share in the disbursement of application fees from the
21	21		pretrial diversion program.
22	22		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	23		Section 1. Section 8 of Act 2011-660, 2011 Regular
24	24		Session (Acts 2011, p. 1751) is amended to read as follows:
25	25		"Section 8.(a) An offender may be assessed a
26	26		nonrefundable application fee when the offender is approved
27	27		for the pretrial diversion program. The amount of the
28	28		assessment for participation in the program shall be in
29	29		addition to any court costs, fees, and assessments for the
30	30		Crime Victim's Compensation Fund, Department of Forensic
31	31		Sciences assessments, drug, alcohol, or anger management
32	32		treatment required by law, and any costs of supervision,
33	33		treatment, and restitution for which the offender may be
34	34		responsible. A schedule of payments for any of these fees may
35	35		be established by the city attorney.
36		-	(b) The following application fees shall be applied to
37		-	offenders accepted into the program:
38		-	(1) Misdemeanor offenses and Driving Under the
39		-	Influence: One thousand dollars ($1,000).
40		-	(2) Traffic offenses not including DUI: Five hundred
41		-	dollars ($500).
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69		-	28 HB232 ~~EnrolledHB232 Enrolled~~
	63	+	28 HB232 INTRODUCEDHB232 INTRODUCED
70	64		Page 2
	65	+	(b) The following application fees shall be applied to
	66	+	offenders accepted into the program:
	67	+	(1) Misdemeanor offenses and Driving Under the
	68	+	Influence: One thousand dollars ($1,000).
	69	+	(2) Traffic offenses not including DUI: Five hundred
	70	+	dollars ($500).
71	71		(3) Violations: One hundred dollars ($100).
72	72		(c) The amount of the application fee for each offender
73	73		shall be established by the city attorney.
74	74		(d) The application fee shall be allocated to the
75	75		general fund of the City of Tuscaloosa except that a minimum
76	76		of 25 percent shall fund technology and training for law
77	77		enforcement and a minimum of 25 percent shall fund crime
78	78		prevention programs, the Tuscaloosa Police Department's
79	79		Behavioral Health Unit, or the Indigent Treatment Fund as
80	80		established by the City of Tuscaloosa.
81	81		(e) An applicant offender may not be denied access into
82	82		the pretrial diversion program based solely on the inability
83	83		of the offender to pay the application fee. Application fees
84	84		may be waived or reduced for just cause, including indigency
85	85		of the offender, at the discretion of the city. Any
86	86		determination of the indigency of the offender for purposes of
87	87		program fee mitigation shall be made by the city but such
88	88		mitigation shall be done only upon the determination by the
89	89		city that there is no reasonable likelihood within the
90	90		reasonably foreseeable future that the offender will have the
91	91		ability to pay the application fee."
92	92		Section 2. This act shall become effective on the
93		-	first day of the third month following its passage and
94		-	approval by the Governor, or its otherwise becoming law.
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120		-	________________________________________________
121		-	Speaker of the House of Representatives
122		-	________________________________________________
123		-	President and Presiding Officer of the Senate
124		-	House of Representatives
125		-	I hereby certify that the within Act originated in and
126		-	was passed by the House 13-Apr-23.
127		-	John Treadwell
128		-	Clerk
129		-	Senate 03-May-23 Passed
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	120	+	56 HB232 INTRODUCEDHB232 INTRODUCED
	121	+	Page 3
	122	+	first day of the third month following its passage and
	123	+	approval by the Governor, or its otherwise becoming law.
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