HB494 Alabama 2010 Session

Summary

Primary Sponsor

Greg Wren

Republican

Session

Regular Session 2010

Title

Montgomery Co., solicitor's fee authorized equal to fee for Fair Trial Tax Fund, distrib. for district attorney's office

Summary

HB494 would create a solicitor's fee in Montgomery County criminal and related cases that mirrors the Fair Trial Tax Fund fees, with the money going to the county's Solicitor's Fund.

What This Bill Does

It establishes a new solicitor's fee in all juvenile, traffic, criminal, and quasi-criminal cases in Montgomery County courts. The fee equals the docket fees or court costs payable to the Fair Trial Tax Fund when a defendant is adjudicated guilty. It is collected in criminal cases where guilt is found, bonds are forfeited, penalties are imposed, or alias/capias warrants are issued, and it is in addition to other fees or costs. The fee cannot be waived unless the sentencing judge is satisfied that the defendant cannot pay in the reasonably foreseeable future, and the collected money can be used by the district attorney for law enforcement expenses and duties, with monthly distributions to the Solicitor's Fund.

Who It Affects

• Defendants in Montgomery County's juvenile, traffic, criminal, and quasi-criminal cases who would owe the new solicitor's fee.
• Montgomery County District Attorney's Office and the Solicitor's Fund, which will receive and may use the collected fees for law enforcement expenses and related duties, with monthly disbursements.

Key Provisions

• Provision 1: Creates a solicitor's fee in Montgomery County courts equal to the docket fees/costs payable to the Fair Trial Tax Fund, distributed monthly to the Solicitor's Fund.
• Provision 2: Applies to all criminal cases (and related juvenile/traffic/quasi-criminal cases) where the defendant is adjudged guilty, a bond is forfeited, a penalty is imposed, or an alias/capias warrant is issued; the fee is in addition to other costs.
• Provision 3: The solicitor's fee shall not be waived or remitted unless the sentencing judge is reasonably satisfied that the defendant cannot pay in the near future.
• Provision 4: The solicitor's fee funds may be expended by the district attorney for law enforcement expenses and duties.
• Provision 5: The act becomes effective on the first day of the third month after passage and governor approval.

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

Subjects

Montgomery County