Alabama 2023 Regular Session

Alabama House Bill HB446 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB446ENROLLED~~
	1	+	HB446INTRODUCED
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3		-	BVRF4Q-2
	3	+	BVRF4Q-1
4	4		By Representatives Marques, Hammett, Sells, Paramore (N & P)
5	5		RFD: Local Legislation
6	6		First Read: 09-May-23
7	7		2023 Regular Session
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	12	+	5
	13	+	6 BVRF4Q-1 03/24/2023 THR (L)THR 2023-1017
13	14		Page 1
14		-	Enrolled, An Act,
	15	+	A BILL
	16	+	TO BE ENTITLED
	17	+	AN ACT
15	18		Relating to Coffee and Pike Counties and the Twelfth
16	19		Judicial Circuit; to amend Section 45-16-82.27, Code of
17	20		Alabama 1975, to further provide for fees related to the
18	21		pretrial diversion program; and to make nonsubstantive,
19	22		technical revisions to update the existing code language to
20	23		current style.
21	24		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22	25		Section 1. Section 45-16-82.27, Code of Alabama 1975,
23	26		is amended to read as follow:
24	27		"§45-16-82.27
25	28		(a) An applicant may be assessed a fee when the
26	29		applicant is approved for the program. The amount of the
27	30		assessment for participation in the program shall be in
28	31		addition to any court costs and assessments for victims or
29	32		drug, alcohol, or anger management treatment required by law,
30	33		the district attorney, or the court, and are in addition to
31	34		costs of supervision, treatment, and restitution for which the
32	35		pretrial diversion admittee may be responsible. Pretrial
33	36		diversion program fees as established by this subpart may be
34	37		waived or reduced due to indigency or reduced ability to pay
35		-	or for other just cause at the discretion of the district
36		-	attorney. The determination of indigency of the offender, for
37		-	the purpose of pretrial diversion admission, fee waiver, or
38		-	reduction, shall be made by the district attorney. A schedule
39		-	of payments for any of these fees may be established by the
40		-	district attorney.
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68		-	28 HB446 ~~EnrolledHB446 Enrolled~~
	65	+	28 HB446 INTRODUCEDHB446 INTRODUCED
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	67	+	or for other just cause at the discretion of the district
	68	+	attorney. The determination of indigency of the offender, for
	69	+	the purpose of pretrial diversion admission, fee waiver, or
	70	+	reduction, shall be made by the district attorney. A schedule
	71	+	of payments for any of these fees may be established by the
	72	+	district attorney.
70	73		(b) The following fees shall be paid by applicants
71	74		accepted into the pretrial diversion program:
72	75		(1) Felony offenses: Up to eight hundred fifty two
73	76		thousand dollars ($850)($2,000).
74	77		(2) Driving Under the Influence offenses: Up to two
75	78		thousand one hundred dollars ($2,100).
76	79		(2)(3) Misdemeanor offenses, excluding traffic: Up to
77	80		five hundred fifty one thousand dollars ($550)($1,000).
78	81		(3)(4) Traffic offenses: Up to three four hundred fifty
79	82		dollars ($350)($450).
80	83		(4)(5) Violations: Up to two hundred three hundred
81	84		fifty dollars ($200)($350).
82	85		(c) In cases where the applicant is not indigent, as
83	86		determined by the district attorney, in felony cases, fifty
84	87		dollars ($50) of the fee, and in misdemeanor and violation
85	88		cases, twenty-five dollars ($25) of the fee, for each
86	89		applicant accepted into the pretrial diversion program, shall
87	90		be allocated to the Coffee County Circuit Clerk's Office, for
88	91		offenses filed in Coffee County, and to the Pike County
89	92		Circuit Clerk's Office, for offenses filed in Pike County.
90	93		Money allocated to a circuit clerk pursuant to this subsection
91	94		shall be available for use, at the clerk's discretion, to
92		-	support the clerk's office operation. These uses may include,
93		-	but are not limited to, hiring employees, buying needed
94		-	equipment and supplies, or providing training opportunities.
95		-	(d) In cases where the applicant is not indigent, as
96		-	determined by the district attorney, in felony cases, fifty
97		-	dollars ($50) of the fee, and in misdemeanor and violation
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	122	+	56 HB446 INTRODUCEDHB446 INTRODUCED
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	124	+	support the clerk's office operation. These uses may include,
	125	+	but are not limited to, hiring employees, buying needed
	126	+	equipment and supplies, or providing training opportunities.
	127	+	(d) In cases where the applicant is not indigent, as
	128	+	determined by the district attorney, in felony cases, fifty
	129	+	dollars ($50) of the fee, and in misdemeanor and violation
127	130		cases, twenty-five dollars ($25) of the fee, for each
128	131		applicant accepted into the pretrial diversion program, shall
129	132		be allocated to the Coffee County General Fund for offenses
130	133		filed in Coffee County or to the Pike County General Fund for
131	134		offenses filed in Pike County.
132	135		(e) In cases where the applicant is not indigent, as
133	136		determined by the district attorney, in felony cases, fifty
134	137		dollars ($50) of the fee, and in misdemeanor and violation
135	138		cases twenty-five dollars ($25) of the fee, for each applicant
136	139		accepted into the pretrial diversion program, shall be
137	140		allocated to the arresting or ticketing law enforcement agency
138	141		making the case. Those fees may be used at the agency's
139	142		discretion to support its operations. These uses may include,
140	143		but are not limited to, hiring employees, buying needed
141	144		equipment and supplies, providing training opportunities, or
142	145		any other lawful purpose.
143	146		(f) Except as herein specifically allocated, the
144	147		district attorney may use fees collected by the pretrial
145	148		diversion program to fund the pretrial diversion program; for
146	149		the prosecution of state criminal cases; to help support local
147	150		and state law enforcement and coroners; for education programs
148	151		which relate to the prosecution of, detection of, or
149		-	prevention of crime; or, to benefit any agency or department
150		-	of state, city, or county government which assists local law
151		-	enforcement. This support shall be provided to help employ
152		-	more prosecutors, law enforcement officers, investigators, or
153		-	staff, buy needed equipment or supplies, provide training
154		-	opportunities, or for any other prosecutorial or law
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	179	+	84 HB446 INTRODUCEDHB446 INTRODUCED
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	181	+	prevention of crime; or, to benefit any agency or department
	182	+	of state, city, or county government which assists local law
	183	+	enforcement. This support shall be provided to help employ
	184	+	more prosecutors, law enforcement officers, investigators, or
	185	+	staff, buy needed equipment or supplies, provide training
	186	+	opportunities, or for any other prosecutorial or law
184	187		enforcement purpose.
185	188		(g) Except for court costs , which are payable by the
186	189		applicant directly to the clerk of court, fees required by
187	190		this subpart shall be collected by the office of the District
188	191		Attorney of the Twelfth Judicial Circuit in the county and
189	192		division in which the offense was filed. Those fees collected
190	193		shall be deposited by the district attorney into the Pretrial
191	194		Diversion Fund as described in Section 45-16-82.30. The
192	195		district attorney shall timely make disbursement as provided
193	196		in this subpart.
194	197		(h) The district attorney shall be allowed without
195	198		further legislative action to raise fees to meet and equal
196	199		those prescribed by the Alabama Legislature in the event a
197	200		state pretrial diversion program is enacted after the passage
198	201		of this subpart. Any state pretrial diversion program may
199	202		supersede this subpart, but may be construed to require
200	203		further and additional penalties."
201	204		Section 2. This act shall become effective on the first
202	205		day of the third month following its passage and approval by
203	206		the Governor, or its otherwise becoming law.
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225		-	________________________________________________
226		-	Speaker of the House of Representatives
227		-	________________________________________________
228		-	President and Presiding Officer of the Senate
229		-	House of Representatives
230		-	I hereby certify that the within Act originated in and
231		-	was passed by the House 16-May-23.
232		-	John Treadwell
233		-	Clerk
234		-	Senate 23-May-23 Passed
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