House Bill 481 Alabama 2026 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

2026 Regular Session

Title

Restitution; order of restitution, given priority over all other fines, costs, and fees

Summary

HB481 would make victim restitution the first money paid in Alabama criminal cases, ahead of all other fines, costs, and fees, starting October 1, 2026.

What This Bill Does

The bill makes restitution the priority payment in criminal cases and lets courts enforce it like a civil judgment. Courts must hold hearings to set the amount, considering factors such as the defendant's ability to pay, the victim's burden, and potential rehabilitation, with some offenses having minimum restitution amounts. For capital offenses and certain first-degree rape cases, it sets minimum amounts ($50,000 per capital offense; $10,000 per conviction for first-degree rape with prior convictions). The bill preserves the victim's right to sue in civil court and credits restitution paid against civil judgments; it takes effect October 1, 2026.

Who It Affects

• Defendants: must pay restitution before any other fines, costs, or fees and may pay in lump sum or installments; restitution is enforceable as a civil judgment.
• Victims and other eligible recipients (immediate family, businesses, government entities): have a right to restitution for pecuniary damages and can participate in hearings; restitution payments are prioritized and can be pursued in civil action as well.

Key Provisions

• Restitution has priority over all other fines, costs, and fees and is enforceable as a civil judgment.
• Courts must hold restitution hearings to determine the amount or type of restitution and must consider factors like the defendant's financial resources, the victim's burden, and rehabilitative effects.
• Minimum restitution amounts are set for certain offenses: at least $50,000 per capital offense under 13A-5-40 and at least $10,000 per conviction for first-degree rape with prior convictions under 13A-6-61.
• The victim and the district attorney have the right to be present and heard at restitution hearings; restitution respects victims' rights.
• Nothing in the bill prevents civil actions for damages; restitution payments are credited against civil judgments, and evidence of restitution may not be used in civil actions.
• The act becomes effective on October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 19, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure