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HB481 INTRODUCED
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HB481
FK8Q95C-1
By Representative England
RFD: Judiciary
First Read: 19-Feb-26
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FK8Q95C-1 01/12/2026 CMH (L)bm 2025-3001
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First Read: 19-Feb-26
SYNOPSIS:
Under existing law, when a defendant is
convicted of a crime that results in pecuniary damages
or loss to a victim, the court is required to order
that the defendant make restitution to the victim for
the damage or loss.
This bill would provide that any order of
restitution shall be paid by the defendant and
collected before all other fines, court costs, and
other fees associated with that criminal case.
A BILL
TO BE ENTITLED
AN ACT
Relating to restitution; to amend Sections 15-18-65,
15-18-66, 15-18-67, 15-18-68, and 15-18-70, Code of Alabama
1975, to further provide for orders of restitution in criminal
cases; to require the restitution to a victim to be paid
before all other fines, court costs, and fees.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-18-65, 15-18-66, 15-18-67,
15-18-68, and 15-18-70, Code of Alabama 1975, are amended to
read as follows:
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read as follows:
"§15-18-65
(a) The Legislature hereby finds, declares , and
determines that it all of the following:
(1) It is essential to be fair and impartial in the
administration of justice , that all .
(2) All perpetrators of criminal activity or conduct
should be required to fully compensate all victims of such
conduct or activity for any pecuniary loss, damage , or injury
as a direct or indirect result thereof.
(3) All victims of criminal activity have a right to
restitution paid by the offender.
(b) It is the intent of the Legislature that no other
debt owed by a criminal defendant be satisfied before the
restitution to the victim is first satisfied. Accordingly, the
Legislature declares that an order of restitution shall have
priority over all other fines, costs, and fees associated with
that criminal conviction.
(c) The provisions of this article shall be construed
so as to accomplish this purpose and to promote the same which
shall be the public policy of this state."
"§15-18-66
As used in this article, the following words and terms
shall have the meanings respectively ascribed by this section:
(1) CRIMINAL ACTIVITIES. Any offense with respect to
which the defendant is convicted or any other criminal conduct
admitted by the defendant.
(2) PECUNIARY DAMAGES. All special damages which that a
person shall recover against the defendant in a civil action
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person shall recover against the defendant in a civil action
arising out of the facts or events constituting the
defendant's criminal activities ; the. The term shall include,
but not be limited to , the money or other equivalent of
property taken, broken, destroyed, or otherwise used or harmed
and losses such as travel, medical, dental , or burial expenses
and wages including , but not limited to , wages lost as a
result of court appearances.
(3) RESTITUTION. Full, partial , or nominal payment to
the victim of pecuniary damages to the victim or to its
equivalent in services performed or work or labor done for the
benefit of the victim as determined by the court of record.
(4) VICTIM. Any person whom the court determines has
suffered a direct or indirect pecuniary damage as a result of
the defendant's criminal activities. "Victim" shall The term
does not include any participant in the defendant's criminal
activities. The term includes all of the following:
a. The immediate surviving family of the actual victim.
b. A corporation, trust, estate, partnership,
association, government, political subdivision, or other legal
or commercial entity when that entity is a direct victim of a
crime.
c. An individual who has sustained economic loss as a
result of the criminal activity and who has satisfied either
of the following conditions:
1. At the time of the crime, the individual was the
parent, grandparent, sibling, spouse, child, or grandchild of
the victim.
2. At the time of the crime, the individual was living
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2. At the time of the crime, the individual was living
in the household of the victim.
d. A government agency that is responsible for
repairing, replacing, or restoring public or privately owned
property that has been defaced with graffiti or other
inscribed material, and that has sustained an economic loss as
a result of the criminal activity. "
"§15-18-67
(a) When a defendant is convicted of a criminal
activity or conduct which that has resulted in pecuniary
damages or loss to a victim, the court shall hold a hearing to
determine the amount or type of restitution due the victim or
victims of such the defendant's criminal acts. Such The
restitution hearings shall be held as a matter of course and
in.
(b) In addition to any other sentence which it may
impose imposed , the court shall order that the defendant make
restitution to or otherwise compensate such any victim of the
defendant's criminal acts for any pecuniary damages. The order
of restitution shall be enforceable as if the order were a
civil judgment and shall be paid and collected before all
fines, court costs, and other fees imposed by the court.
(c) The defendant, the victim or victims , or their
representatives , or the administrator of any victim's estate ,
as well as the district attorney shall have the right to be
present and be heard upon the issue of restitution at any such
hearings."
"§15-18-68
(a) In determining the manner, method, or amount of
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(a) In determining the manner, method, or amount of
restitution to be ordered, the court may take into
consideration all of the following:
(1) The financial resources of the defendant and the
victim and the burden that the manner or method of restitution
will impose upon the victim or the defendant.
(2) The ability of the defendant to pay restitution on
an installment basis or on other conditions to be fixed by the
court.
(3)(1) The anticipated rehabilitative effect on the
defendant regarding the manner of restitution or the method of
payment.
(4)(2) Any burden or hardship upon the victim as a
direct or indirect result of the defendant's criminal acts.
(5)(3) The mental, physical, and financial well-being
of the victim.
(b) When a defendant has been convicted of the
following offenses after February 1, 2009, the court may
consider the factors enumerated in subsection (a) and shall
order restitution to be paid as follows:
(1) When a defendant has been convicted of a capital
offense under subsection (a) of Section 13A-5-40, the court
shall order restitution for an amount not less than fifty
thousand dollars ($50,000) for each conviction under
subsection (a) of Section 13A-5-40 .
(2) When a defendant has been convicted of rape in the
first degree under Section 13A-6-61 and the person has one or
more prior convictions under Section 13A-6-61, the court shall
order restitution for an amount not less than ten thousand
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order restitution for an amount not less than ten thousand
dollars ($10,000) for each conviction under Section 13A-6-61 .
(c) Nothing in this section shall limit or impair the
right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil
action. Evidence that the defendant has paid, or has been
ordered to pay, restitution pursuant to this section may not
be introduced in any civil action arising out of the facts or
events which that were the basis for the restitution. However,
the court shall credit any restitution paid by the defendant
to a victim against any judgment in favor of the victim in the
civil action."
"§15-18-70
(a) When a defendant is sentenced or ordered to make
restitution, the court may order payment to be made forthwith
to be paid to the circuit clerk as other fines and costs are
made. The court may also order restitution to be made within a
specified period of time or in specified installments to the
circuit clerk as a condition of suspension of execution of
sentence or as a condition of probation.
(b) An order of restitution under this article shall be
satisfied before any other fine, court cost, or fee associated
with the criminal conviction is satisfied. "
Section 2. This act shall become effective on October
1, 2026.
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