SB85 Alabama 2021 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2021

Title

Elder abuse, require redaction of contract information from court documents released to the public, to clarify that an elderly person of sound mind or body may hire legal counsel for representation, Sec. 38-9F-6 am'd.

Summary

SB85 protects elder abuse plaintiffs' personal contact information in public court records and clarifies they may hire legal counsel to represent them.

What This Bill Does

It amends Section 38-9F-6 to require redaction of the plaintiff's home and business addresses, as well as home, cellular, and business phone numbers, and the addresses or numbers of their family or household members from court documents available to the public. It also protects the location of shelters by redacting related addresses. If disclosure is needed for jurisdiction or venue, it must occur only in private, in the judge's chambers; if the plaintiff does not provide an address, an alternative address or the attorney's business address may be used. The bill also clarifies that an elderly person who is capable may hire legal representation for petitions under elder abuse, and it specifies cost rules for filings and service. Finally, standardized petitions will be available, but court staff are not required to help fill them out.

Who It Affects

• Elderly plaintiffs in elder abuse cases (and their family/household members) whose contact information would be redacted from public court documents.
• Court clerks, staff, and attorneys representing plaintiffs who must implement the redaction rules, manage private disclosures, and handle providing attorney contact information when needed.

Key Provisions

• Redacts the plaintiff's home address and, if applicable, business address; redacts the plaintiff's home, cellular, and business phone numbers; and redacts any address of a family or household member from court documents filed after the act's effective date.
• Redacts any address that could reveal the confidential location of a shelter for domestic violence; if necessary for jurisdiction or venue, disclosure is allowed only orally in the private chambers of the judge.
• If the plaintiff or representative does not disclose an address, the court may require an alternative address or the plaintiff's attorney's business address for filings and notices.
• A plaintiff with physical or mental capacity may represent themselves or hire legal counsel for all matters under this chapter.
• Standardized petitions are available but circuit clerks are not required to assist in completing forms or presenting the case.
• The court may not charge costs for filing, service of the petition, or subpoenas against the petitioner; costs may be assessed against the defendant at the court's discretion.
• Effective date: the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

ElderlyElder Abuse