Section 41-9-85 Short Title.
This division shall be known and may be cited as Lisa’s Law.
Section 41-9-85.1 Definitions.
As used in this division, the following terms shall have the following meanings:
(1) CONVICTED INDIVIDUAL. An individual convicted of a specified crime or a representative of the individual.
(2) EARNED INCOME. Income derived from an individual’s own labor or active participation in a business. The term does not include income from dividends or investments.
(3) FUNDS OF A CONVICTED INDIVIDUAL. Funds and property received from any source by a convicted individual. The term includes funds that a superintendent, sheriff, municipal official, or other correctional official receives on behalf of a convicted individual and deposits into the individual’s inmate or prisoner account to the credit of the individual. The term does not include funds from child support payments and earned income, except any income defined as profits from a crime.
(4) PERSON. An individual, corporation, estate, partnership, association, or other legal entity, or representative of such. The term does not include the state, a political subdivision of the state, or an individual who is a superintendent, sheriff, municipal official, or other correctional official required to give notice by this division.
(5) PROFITS FROM A CRIME. Any of the following:
a. Property or income of a convicted individual that the individual obtained or generated from the commission of the crime of which the individual was convicted.
b. Property or income that a convicted individual obtained or generated from the sale, conversion, or exchange of proceeds of a specified crime of which the individual was convicted.
c. Property or income generated as a result of having committed a specified crime of which a convicted individual was convicted, including through the use of unique knowledge obtained during the commission of, or in preparation for, the commission of a specified crime, as well as any property or income obtained or generated from the sale, conversion, or exchange of the property.
(6) REPRESENTATIVE. A person who represents or stands in the place of another person, including, but not limited to, an agent, assignee, attorney, guardian, committee, conservator, partner, receiver, administrator, executor or heir of another person, third-party beneficiary, or parent of a minor.
(7) SECURITIES COMMISSION. The Alabama Securities Commission.
(8) SPECIFIED CRIME. A felony offense involving moral turpitude, as described in Section 17-3-30.1, where the victim was a resident of this state at the time of the offense or the act or acts constituting the offense occurred in whole or in part of this state.
(9) VICTIM OF A CRIME. Any of the following:
a. A victim of a specified crime.
b. If the victim of a specified crime is deceased:
1. The surviving spouse of the victim.
2. If there is no surviving spouse, the next surviving person or surviving group of people in the order of intestate succession as listed in Section 43-8-42.
Section 41-9-85.2 Notice to Securities Commission of Payment, Etc., of Profits from a Crime.
(a) A person that knowingly contracts for, pays for, or agrees to pay to a convicted individual profits from the crime or to the representative of the individual, shall give written notice to the Securities Commission of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from a crime or funds of a convicted individual.
(b)(1) A superintendent, sheriff, municipal official, or other correctional official shall also give written notice to the Securities Commission of any payment or obligation to pay subject to the notice requirements of subsection (a) if he or she receives or will receive funds, the combined or aggregate value of which exceeds five thousand dollars ($5,000), on behalf of a convicted individual who is serving a sentence with the Alabama Department of Corrections or is otherwise confined at a local correctional facility and deposits or will deposit the funds into an inmate or prisoner account to the credit of the individual.
(2) Whenever the state or a political subdivision of the state makes a payment or has an obligation to pay funds of a convicted individual and the value, combined value, or aggregate value of the funds exceeds or will exceed five thousand dollars ($5,000), the state or political subdivision of the state shall also give written notice to the Securities Commission.
(3) In all other instances where the payment or obligation to pay involves funds of a convicted individual and the value, combined value, or aggregate value of the funds exceeds or will exceed five thousand dollars ($5,000), the convicted individual who receives or will receive the funds, or the representative of the individual, shall give written notice to the Securities Commission.
Section 41-9-85.3 Civil Action by Victim of Crime – Restitution or Money Damages.
(a) Notwithstanding any other provision of law to the contrary, a victim of a crime may bring a civil action in a court of competent jurisdiction to recover restitution or money damages, or both, from the convicted individual who committed the crime or the individual’s representative.
(b) Notwithstanding any other provision of law to the contrary, a judgment obtained pursuant to this section is not subject to execution or enforcement against the first one thousand dollars ($1,000) deposited into an inmate or prisoner account to the credit of an inmate.
(c) In actions seeking relief pursuant to subsection (a), the claim must not be considered as having accrued until: (1) the actual discovery of the profits or funds; or (2) actual notice received from or published by the Securities Commission of the discovery of the profits or funds, whichever occurs first, after which a victim of a crime must have five years within which to prosecute the action.
Section 41-9-85.4 Civil Action by Victim of Crime – Notice to Securities Commission.
Upon filing an action pursuant to subsection (a) of Section 41-9-85.3, the victim of a crime shall give notice to the Securities Commission of the filing by delivering a copy of the summons and complaint to the Securities Commission.
Section 41-9-85.5 Provisional Remedies.
(a) The Securities Commission, acting on behalf of a victim of a crime, may apply for any and all provisional remedies that are also otherwise available to the victim.
(b) The provisional remedies of attachment, injunction, receivership, and notice of pendency available to the victim of the crime under existing law and the Alabama Rules of Civil Procedure shall also be available to the Securities Commission in all actions under this division.
(c) Upon the filing of a motion for a provisional remedy, the moving party shall state whether any other provisional remedy has previously been sought in the same action against the same defendant. The court may require the moving party to elect between those remedies to which it would otherwise be entitled.
Section 41-9-85.6 Failure to Provide Notice; Penalties; Costs and Expenses of Securities Commission.
(a) If a person knowingly and willfully fails to give notice in violation of Section 41-9-85.2, the Securities Commission, after notice and hearing pursuant to the Alabama Administrative Procedure Act, may impose an assessment of up to the amount of the payment or obligation to pay and a civil penalty of up to one thousand dollars ($1,000) or ten percent of the payment or obligation to pay, whichever is greater.
(b)(1) If a person fails to pay the assessment and civil penalty imposed by subsection (a), the assessment and civil penalty may be recovered from the person by an action brought by the Securities Commission in any court of competent jurisdiction.
(2) Notwithstanding any provision of law to the contrary, an alleged failure by a convicted individual to give notice under Section 41-9-85.2 may not result in proceedings for an alleged violation of the conditions of probation, parole, conditional release, post release supervision, or supervised release, unless all of the following occur:
a. A victim of a crime makes one or more claims pursuant to this division.
b. The Securities Commission imposes an assessment or penalty, or both, against the convicted individual pursuant to this division.
c. The convicted individual fails to pay the total amount of the assessment or penalty within 60 days of the imposition of the assessment or penalty.
(c) The Securities Commission may recover, from any assessment or civil penalty imposed under subsection (a), the actual cost of investigation, negotiation, settlement, or prosecution of the violation for which a penalty has been imposed. The expenses may include personnel costs, travel, per diem expenses, and any cost associated with retaining non-employee personnel to assist in collection or prosecution of the action.
Section 41-9-85.7 Powers of Securities Commission Under This Division.
(a) The Securities Commission, or any person designated by the Securities Commission, may do any of the following:
(1) Make public or private investigations, within or outside of the state, as deemed necessary to aid in the enforcement of this division.
(2) Require or permit any person to file a statement in writing, under oath or otherwise, as the Security Commission may determine, as to all facts and circumstances relating to the matter being investigated.
(3) Publish information concerning a violation of this division.
(4) Administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records, in whatever form they may exist, that the Securities Commission deems relevant or material to an investigation.
(b) If a person fails to comply with a subpoena issued or refuses to appear, the Securities Commission may seek enforcement of the subpoena or order to appear in a court of competent jurisdiction.
Section 41-9-85.8 Implementation and Administration of This Division.
The Securities Commission may retain any person or entity as required to implement and administer this division.