SB422 Alabama 2013 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

Republican

Session

Regular Session 2013

Title

Incarceration, claims for wrongful incarceration, payments subject to legal fee not exceeding 25 percent of claim, Sec. 29-2-160 am'd.

Summary

SB422 would cap legal fees at 25% of any compensation awarded to someone wrongly imprisoned and clarify who receives payments, including the claimant's estate if they die.

What This Bill Does

It amends the wrongful incarceration compensation law to limit legal fees to 25% of the total payment. Payments may be given as a lump sum or installments and must go to the pardoned or exonerated person, or their estate, with any remaining amount going to the estate if the claimant dies before full payment. The bill also states that the state cannot offset the award by expenses related to the arrest and imprisonment, and it specifies when the right to apply ends and when the law takes effect.

Who It Affects

• Claimants who were wrongfully incarcerated and their families or estates, who would receive payments and may receive any remaining amount if the claimant dies before full payment.
• Attornies or legal representatives for claimants, who would be paid legal fees but not more than 25% of the total payment.

Key Provisions

• Legal fees for compensation claims shall not exceed 25 percent of the total payment made to the claimant or his or her estate.
• Payments may be in a lump sum or installments and shall go to the pardoned or exonerated person; no part may be paid to others for services related to collection.
• If the claimant dies before full payment is received, the estate is eligible to receive any remaining compensation.
• If a claimant dies before certifying the application, the estate is eligible to receive the compensation.
• Right to apply for compensation ceases upon the death of the claimant.
• Awarded compensation shall not be offset by expenses incurred by the state or its subdivisions related to arrest, prosecution, or imprisonment.
• The act becomes effective on the first day of the third month after it is passed and approved 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

Incarceration