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SB116 Alabama 2017 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Tom Whatley
Tom Whatley
Republican
Session
Regular Session 2017
Title
Attorneys, indigent defense fees, waiver of maximum allowed fee by trial court or Director in Indigent Defense Services, Sec. 15-12-21 am'd.
Summary

SB116 would allow waivers of the $4,000 maximum indigent defense fee for Class A felonies, with documentation and an $8,000 overall cap.

What This Bill Does

SB116 would allow waivers of the $4,000 maximum indigent defense fee for Class A felonies. Courts or the Director of Indigent Defense Services could grant the waiver in certain cases, but they must document the justification. If the court waives, it must issue a written order detailing the factors used, and if the director waives, the director must send a memo to the State Finance Director explaining the reasons. Even with a waiver, the total fee may not exceed $8,000, and the existing caps for Class B, Class C, and Class D felonies, juvenile cases, and all other cases remain unchanged.

Who It Affects
  • Indigent defendants charged with Class A felonies, who could see higher attorney-fee payments approved if a waiver is granted
  • Courts, the Director of Indigent Defense Services, and the State Finance Director, who would be involved in approving and documenting waivers
Key Provisions
  • Authorizes waivers of the $4,000 Class A felony indigent-defense fee.
  • Waivers can be granted by the trial court or the Director of Indigent Defense Services.
  • If the court waives, it must issue a written order detailing the factors considered; if the director waives, the director must send a memo to the State Finance Director explaining the reasons.
  • Total fees, with any waiver, may not exceed $8,000; existing caps for other offense classes and juvenile cases remain unchanged.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Attorneys

Bill Actions

S

Judiciary first Substitute Offered

H

Pending third reading on day 26 Favorable from Judiciary

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

S

Motion to Read a Third Time and Pass adopted Roll Call 846

S

Whatley motion to Table adopted Voice Vote

S

Judiciary Substitute Offered

S

Third Reading Passed

S

Whatley motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Third Reading Carried Over to Call of the Chair

S

Read for the second time and placed on the calendar with 1 substitute and

S

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

Bill Text

Votes

Motion to Read a Third Time and Pass

May 2, 2017 Senate Passed
Yes 20
No 4
Abstained 1
Absent 10

Documents

Source: Alabama Legislature