HB61 Alabama 2010 Session

Summary

Primary Sponsor

James O. Gordon

Democrat

Session

Regular Session 2010

Title

Wrongful deaths caused by state officer or employee, State of Alabama to pay compensation to estate of decedant, attorney fees

Summary

HB61 would allow the estate of someone killed by a state employee or official to receive a direct monetary award from Alabama, with a capped amount and a portion for attorney fees.

What This Bill Does

The bill would provide direct monetary compensation from the State of Alabama to the deceased’s estate for deaths caused by a state employee or official, rather than only pursuing damages through the Board of Adjustment. The payout is capped at $500,000 initially and would increase to $750,000 five years after enactment; up to 25% of the award may be used to pay the decedent's attorney fees. The term 'official' includes both elected and appointed state positions, and the act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Estates of decedents whose deaths were caused by wrongful acts, omissions, or negligence of state employees or officials, who would receive a direct monetary award from the State of Alabama up to the specified cap.
• Attornies representing those estates, who would be paid from the award with up to 25% allocated for attorney fees.

Key Provisions

• Estates receive monetary compensation from the State of Alabama for wrongful deaths caused by state employees or officials, replacing or supplementing the Board of Adjustment damages claim (subject to the monetary cap).
• Initial compensation cap is $500,000, increasing to $750,000 five years after enactment.
• Up to 25% of the compensation may be used to pay the attorneys for representing the decedent's estate.
• Definition of 'official' includes elected or appointed state positions.
• Effective date is the first day of the third month after the act is passed and approved.

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

Subjects

Wrongful Deaths