SB428 Alabama 2015 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Greg AlbrittonSenator
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: SB428 would end the retirement-exemption for certain court-ordered fines, restitution, and fees for Teachers' and Employees' Retirement System beneficiaries and expand enforcement tools, payment options, and amnesty programs.
What This Bill Does
It allows restitution, fines, court costs, and related obligations in felony cases to be collected from TRS and ERS benefits (up to 25% of gross monthly benefits, under specified conditions). It authorizes courts to suspend or revoke various licenses (driver, hunting, fishing, concealed carry, and others) for delinquency or failures to appear, with defined notice and hearing rules. It lets district attorneys accept credit or debit card payments for these obligations (potential surcharges) and requires at least one amnesty period in 2016 for those with outstanding court-ordered amounts. It also tightens notice requirements to district attorneys regarding unpaid amounts and clarifies enforcement timelines.

Who It Affects
Retirees or beneficiaries in the Teachers' Retirement System or Employees' Retirement System who owe restitution, fines, or court costs (and meet the bill's criteria), as up to 25% of their monthly benefits could be diverted to satisfy these debts.
License holders and licensing authorities (including drivers, hunters, anglers, concealed carry permit holders, and other licensed activities) as the court may suspend or revoke licenses for failure to pay or for outstanding warrants, with structured notice, hearing, and reinstatement rules.

Key Provisions
Exemption for TRS/ERS funds removed for restitution, fines, court costs, or other court-ordered obligations when the amount is $10,000+ and the case is in the restitution recovery division; up to 25% of the retiree's or beneficiary's gross monthly benefit may be diverted to the restitution balance.
Same TRS/ERS provision mirrored for the Employees' Retirement System with a similar 25% diversion mechanism and required notice to the court and proper handling of funds.
Courts may withhold, restrict, revoke, or suspend licenses (driver, hunting, fishing, concealed carry, etc.) for delinquency or warrants; hearings and notices are required in many cases; licensing authorities must implement the court's orders.
District attorneys or their designees may accept credit/debit card payments for court-ordered obligations and may impose surcharges; underlying debt remains enforceable if card payment does not satisfy the obligation.
At least one amnesty period in the 2016 Fiscal Year for counties to collect outstanding restitution, fines, costs, or other obligations, with the writs recalled upon payment.
Notice requirements (12-17-225.2) ensure the district attorney is informed of unpaid amounts within defined time windows (90 to 270 days) and that collections may proceed accordingly.
Effective date and severability: the act takes effect on the first day of the third month after passage, with provisions remaining severable.

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