HB560 Alabama 2015 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2015

Title

Court costs, fines and restitution, attachment to certain benefits and the Teachers' Retirement System and the Employees' Retirement System, suspension of licenses for failure to pay, payment procedures revised, amnesty, Secs. 16-25-23, 36-27-28 am'd.

Summary

HB560 changes how retirement benefits can be used to pay court-ordered debts, expands license enforcement for unpaid fines, adds card payments and an amnesty period, and updates collection notice rules.

What This Bill Does

It removes the exemption for certain court-ordered restitution and fines from Teachers' Retirement System and Employees' Retirement System benefits under specific conditions, potentially directing up to 25% of a retiree's gross monthly benefit to the restitution balance. It allows courts and licensing authorities to suspend or revoke a variety of licenses if a person is delinquent in criminal payments or has an outstanding writ of arrest, with hearings and restoration options. It authorizes district attorneys to accept credit, charge, and debit card payments for court-ordered obligations, potentially with surcharges, and requires an amnesty period in 2016 for those with outstanding obligations. It also expands notice requirements to the district attorney regarding defaulted payments and sets a 90-to-270 day notification window, and establishes a defined delinquency period of more than 90 days.

Who It Affects

• Retirees or beneficiaries receiving benefits from the Teachers' Retirement System (TRS) or Employees' Retirement System (ERS) who have restitution, fines, or other court-ordered obligations and may have up to 25% of their gross monthly benefits diverted to those payments (if conditions are met).
• Criminal defendants and judgment debtors who owe restitution, fines, court costs, or other obligations and may face license suspensions or revocations for delinquency or failure to appear.
• District attorneys and their designees, who may collect payments using credit/debit cards and may impose surcharges, and who must coordinate with courts for distribution of funds.
• Licensing authorities and licensees (drivers, hunters, anglers, concealed carry permit holders, and other occupational or regulatory licenses) who could have licenses withheld, restricted, revoked, or suspended for delinquency or related writs, with hearings and restoration processes.
• Counties and the court system, which must provide at least one amnesty period in 2016 for those with outstanding obligations and manage related procedures.
• Court clerks and licensing authorities, who must process notices and enforcement actions and handle refunds or distributions when obligations are paid.

Key Provisions

• Amendments to Sections 16-25-23 and 36-27-28 to treat restitution, fines, court costs, fees, and other financial obligations in felony criminal cases as non-exempt from retirement benefit protections under certain conditions (10,000+ restitution, TRS/ERS retiree still receiving benefits, case assigned to the restitution recovery division).
• If conditions are met, the court may order that up to 25% of the retiree's or beneficiary's gross monthly benefit be paid to satisfy the outstanding obligations, with deductions for child support or health insurance considered; the court must specify the beneficiary's identifying details and payment amounts, and the circuit clerk must be notified when paid in full.
• Licensing actions: courts may revoke or suspend driver’s, hunting, fishing, and concealed carry licenses (and withhold/restrict other licenses) for delinquency or outstanding writs, potentially without a hearing, with hearings available for other license types and notice requirements for licensing authorities.
• District attorneys and their designees may accept credit/debit card payments for restitution and other obligations, may impose surcharges, and must ensure underlying obligations are not extinguished solely by card payments; funds collected via cards must be processed and reported to the appropriate court or clerk.
• Amnesty provisions: at least one amnesty period in the 2016 Fiscal Year for those with unpaid restitution, fines, costs, or obligations due to failure to pay or failure to appear, with the writ recalled upon full or partial payment.
• Notification and recovery changes: the 12-17-225.2 notice to district attorneys is amended to require notification within a 90 to 270-day window for unpaid or defaulted payments, with defined timelines and conditions for enforcement.
• Effective date: the act becomes law on the first day of the third month after the Governor signs it, with severability and standard legal provisions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court Costs