HB232 Alabama 2018 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2018

Title

Controlled substances, persons licensed to distribute or dispense, expert testimony required for prosecution, fines, Secs. 20-2-58, 20-2-71 am'd.

Summary

HB 232 would require expert testimony in prosecutions of unlawful distribution or dispensing of controlled substances, create a $50,000 fine to fund prosecution costs for expert witnesses, and establish a dedicated fund to pay those costs.

What This Bill Does

If enacted, the bill changes how prosecutors prove unlawful distribution or dispensing of controlled substances by requiring testimony from a similarly situated health care practitioner with specific qualifications. It adds a new $50,000 fine for violations of this expert-testimony requirement, with the money going into a state fund to cover expert witness and trial costs for prosecutions. The funds are managed by the state and District Attorneys, and transfers to the dedicated Expert Witness Fund are made monthly.

Who It Affects

• Licensed health care practitioners who prescribe or dispense controlled substances, as prosecutions involving them would now need expert testimony from qualified, similarly situated professionals.
• Defendants charged with unlawful distribution or dispensing of controlled substances, who would face an additional $50,000 fine if prosecuted under the new expert-testimony provision, with funds used to pay prosecution costs.

Key Provisions

• Adds that a violation of unlawfully distributing or dispensing a controlled substance must be proven by expert testimony from a similarly situated health care practitioner who meets specified licensing, practice, and board-certification criteria.
• Imposes an additional fine of $50,000 for a violation of the expert-testimony provision, with all proceeds deposited into the Office of Prosecution Services Expert Witness Fund to support prosecution expenses including expert witness fees.
• Creates and funds the Expert Witness Fund, to be administered by the Comptroller and used by district attorneys for prosecution-related expert-witness costs and trial expenses, with monthly transfers of collected fines to the fund.
• The act becomes effective immediately upon passage and approval, and includes provisions clarifying its relation to local funding requirements under Amendment 621.

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

Subjects

Physicians