HB485 Alabama 2010 Session

Summary

Primary Sponsor

Johnny Mack Morrow

Democrat

Co-Sponsors

Cam WardMike HillMac McCutcheon

Session

Regular Session 2010

Title

Court costs in criminal cases, solicitor's fee assessed in all counties equal to fee for Fair Trial Tax Fund, distrib. for district attorney's office and circuit clerk for administration, application to counties with a local law specified

Summary

HB485 creates a new solicitor's fee in Alabama criminal and related cases, directing the fee to the Fair Trial Tax Fund and outlining how it is collected and distributed to county offices.

What This Bill Does

It requires a solicitor's fee in juvenile, traffic, criminal, and quasi-criminal cases across courts, with the fee amount equal to all docket fees or court costs assessed on a guilty adjudication that are distributed to the Fair Trial Tax Fund. It distributes the fee monthly: $3 from each case goes to the county circuit clerk for office operations; the remaining amount goes to the county's Solicitor's Fund or District Attorney's Fund for the solicitor or DA's use. The fee is in addition to other fees or costs and cannot be waived unless the defendant proves to the sentencing judge that they cannot pay in the reasonably foreseeable future; the district attorney may use the funds for expenses and legitimate law enforcement purposes.

Who It Affects

• Defendants in juvenile, traffic, criminal, and quasi-criminal cases who are adjudged guilty or in whose case a bond is forfeited, a penalty is imposed, or an alias/capias is issued; they will be charged the solicitor's fee unless they are proven unable to pay and it is waived by the court.
• County governments, including circuit clerks and district attorneys/solicitors, who receive the fee proceeds (a fixed amount to the circuit clerk and the remainder to county solicitor/DA funds) to support office operations and enforcement activities, with local laws influencing how the fee is collected.

Key Provisions

• Imposes a solicitor's fee in all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts, calculated as the amount of all docket fees or court costs assessed on guilt and distributed to the Fair Trial Tax Fund.
• Distributes the collected fees monthly: $3 from each case to the county circuit clerk for office operation; the remaining funds go to the county's Solicitor's Fund or District Attorney's Fund (or as otherwise prescribed by law).
• The solicitor's fee is in addition to, and not a substitute for, other fees or costs; it is not waived unless the defendant proves to the sentencing judge they cannot pay in the reasonably foreseeable future.
• The fee may be spent by the district attorney in the county for payment of expenses and for legitimate law enforcement purposes.
• The Legislature may adopt or repeal local laws establishing a solicitor's fee; this act does not supersede existing local laws unless repealed, and counties with local laws shall continue collecting under those laws until repeal and then may switch to this act or a new local act.
• The act becomes effective on the first day of the third month after its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Counties