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HB86 Alabama 2017 Session

Updated Feb 26, 2026
Notable

Summary

Primary Sponsor
Matt Fridy
Matt Fridy
Republican
Session
Regular Session 2017
Title
Judge of probate, counties where judge is an attorney, probate court to have same contempt powers as circuit court, Sec. 12-13-9 am'd.
Summary

HB86 lets probate judges who are licensed attorneys punish civil contempt in their counties the same way circuit court judges can.

What This Bill Does

The bill amends Section 12-13-9 to give licensed-attorney probate judges the same civil contempt powers as circuit court judges in counties where the probate judge is an attorney. It retains the existing authority for probate courts to issue show cause orders and punish contempts with a fine up to $20 and up to 24 hours in jail (or both). When the probate judge is a licensed attorney, they would have the same civil contempt powers as circuit court judges under relevant laws and common law. The act becomes effective immediately after the governor signs it.

Who It Affects
  • Probate judges in Alabama counties who are licensed attorneys
  • People and parties appearing before those probate courts who could be subject to civil contempt
Key Provisions
  • Section 12-13-9(a): Probate court may issue show cause orders and attachments for contempts and may punish the same person by a fine not exceeding $20 and imprisonment not exceeding 24 hours, or both.
  • Section 12-13-9(b): In counties where the judge of probate is a licensed attorney, the judge of probate shall have the same power to punish for civil contempt as granted to circuit court judges under Section 12-11-30 or other law or as provided by common law.
  • Section 2: The act shall become effective immediately following its passage and approval by the Governor.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Judge, Probate

Bill Actions

H

Forwarded to Governor on May 17, 2017 at 5:13 p.m.

H

Assigned Act No. 2017-388.

H

Clerk of the House Certification

H

Enrolled

S

Signature Requested

H

Passed Second House

S

Motion to Read a Third Time and Pass adopted Roll Call 1157

S

Third Reading Passed

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Judiciary

H

Motion to Read a Third Time and Pass adopted Roll Call 180

H

Third Reading Passed

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

March 7, 2017 House Passed
Yes 70
No 25
Absent 8

Motion to Read a Third Time and Pass

May 17, 2017 Senate Passed
Yes 24
No 1
Absent 10

Documents

Source: Alabama Legislature