HB180 Alabama 2019 Session

Summary

Primary Sponsor

Proncey Robertson

Republican

Session

Regular Session 2019

Title

Criminal procedure, crime victims' compensation, Lisa's Law, entity contract, with convicted felons, escrow account for benefit of crime victims created, procedure, Sec. 41-9-80.1 to 41-9-80.8, inclusive, added; 41-9-80 to 41-9-84, inclusive, repealed.

Summary

HB 180 creates Lisa's Law to recover profits or funds from crimes and lets crime victims or the Securities Commission seek civil remedies, replacing the old crime victims' compensation provisions.

What This Bill Does

It repeals the old Division 2 of Article 4, Chapter 9 and introduces Division 2A, known as Lisa's Law, with new definitions and procedures. It sets up rules for identifying funds or profits from crimes and requires notice to the Alabama Securities Commission when payments or potential payments exceed certain amounts. It allows victims or the Securities Commission to pursue civil restitution or damages and to seek provisional remedies like attachments or injunctions, while outlining penalties for failing to give required notices and enabling enforcement costs to be recovered. It empowers the Securities Commission with investigative and enforcement tools to administer and enforce these provisions.

Who It Affects

• Victims of specified crimes: can seek civil restitution or damages and may benefit from Commission actions; claims may accrue on discovery or notice and must be pursued within five years.
• Convicted individuals and their representatives: affected by new notice requirements, potential civil actions to recover funds or profits, and possible penalties and costs.
• Payors (state, local governments, and others): must notify the Securities Commission when payments or obligations involve profits or funds above thresholds.
• Correctional officials and those handling funds for convicted individuals: must provide notice to the Securities Commission when applicable funds exceed thresholds.
• Alabama Securities Commission: given authority to enforce Lisa's Law, seek provisional remedies, impose penalties, and recover enforcement costs.
• Inmates and their accounts: funds in inmate accounts may be involved, with certain protections (e.g., a portion up to $1,000 may be exempt from enforcement).

Key Provisions

• The bill replaces Division 2 (41-9-80 to 41-9-84) with Division 2A (41-9-80.1 onward) and names it Lisa's Law.
• Defines key terms: convicted individual, funds of a convicted individual, profits from a crime, and specified crime (a felony of moral turpitude with Alabama-based involvement).
• Requires written notice to the Alabama Securities Commission from payors of profits or funds and from correctional or state entities when funds exceed $5,000, or in other specified cases, about payments to convicted individuals or their representatives.
• Allows victims or the Securities Commission to file civil actions to recover restitution or damages, with a five-year limit measured from discovery or Commission notice.
• Permits provisional remedies such as attachment, injunctions, receivership, and notice of pendency, usable by the Securities Commission in actions under this division.
• Imposes penalties for failing to provide required notice (up to the greater of the payment amount or 10% or $1,000), and allows recovery of investigative and related costs through court action.
• Grants the Securities Commission enforcement tools, including investigations, subpoenas, publication of information, and other usual civil procedure powers.

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

Subjects

Criminal Law and Procedure