HB189 Alabama 2019 Session

Under existing law, an attorney who gives, offers, or promises to give a valuable consideration, including money, to another person for the purpose of encouraging that person to bring an action against another; or who employs another person to search for or procure clients to be brought to the attorney is guilty of a misdemeanor and is fined not more than $1,000, removed and disbarred from practicing as an attorney, and may be imprisoned for a term not exceeding six months

This bill would increase the criminal penalty by providing that the attorney would be fined not more than $10,000 and may be imprisoned for not more than one year

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 34-3-24 and 34-3-25, Code of Alabama 1975, relating to the crime of giving or receiving valuable consideration as an inducement to bring an action or make a claim against another person; to increase the criminal penalty; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.