Ala. Code § 41-9-85.1

Current through the 2024 Regular Session.

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.

Ala. Code § 41-9-85.1 (1975)

Added by Act 2019-538,§ 2, eff. 6/10/2019.