(a) The Alabama Crime Victims Compensation Commission is created and shall be composed of three residents of this state, who shall be appointed by the Governor with the advice and consent of the Senate, for terms of four years each or until their successors are appointed and qualified. Provided however, initial appointments shall be as follows:
One member shall be appointed for two years, one member shall be appointed for three years, and one member shall be appointed for four years. All appointments to fill vacancies shall be for the duration of the unexpired term and subsequent appointments shall be for four-year terms. The membership of the board shall be inclusive and the Governor shall coordinate his or her appointments so that the diversity of gender, race, and geographical areas is reflective of the makeup of this state.
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Terms Used In Alabama Code 15-23-4
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- property: includes both real and personal property. See Alabama Code 1-1-1
- Quorum: The number of legislators that must be present to do business.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b) At least one member shall be a law enforcement officer with a minimum of 10 years’ experience in or with a law enforcement agency which has among its primary duties and responsibilities the investigation of violent crimes and the apprehension or arrest of the perpetrators .
(c) At least one member shall be a victim of a crime of violence who suffered serious personal injury as a result of the crime, a member of a victim’s immediate family or a member of a deceased victim’s immediate family if the deceased victim died as a result of a crime of violence, or an officer of a nonprofit charitable crime victims organization established pursuant to the laws of Alabama.
(d) Each year the commission shall elect a chair from its membership.
(e) The commission may appoint an executive director who shall serve at the pleasure of the commission and shall be paid a salary in an amount to be determined by the commission.
(f) The commission shall have its principal place of business in the county where the State Capitol is located.
(g) The commission shall quarterly hold, at its principal place of business public meetings at times and places as its members may elect.
(h) Any two members of the commission shall constitute a quorum for purposes of transacting the business of the commission and two votes in favor shall be necessary for a decision by the commission at any meeting of the commission.
(i) The commission shall establish rules and regulations for the administration of its duties and responsibilities pursuant to this chapter.
(j) The chair of the commission shall keep a true record of all of the proceedings of the meetings of the commission. At the call of any member, the vote on any pending question shall be taken by ayes and nays, and the same shall be entered in the record. The record of the proceedings of the commission shall be open to any member of the commission and to the public . A copy of the record, certified by the chair, shall be competent evidence in all courts.
(k) The commission may not disclose the names and addresses of victims or claimants who have applied for compensation pursuant to this article or the facts or circumstances of the criminally injurious conduct perpetrated against them.
(l) All members and employees of the commission handling money or exercising authority over any property , before entering the discharge of their duties, shall provide a bond with a surety company authorized to do business in this state, as surety, payable to the commission in an amount or amounts sufficient to protect the commission against any loss with respect to the funds, money, or property handled, conditioned for the faithful discharge of their duties and responsibilities and further conditioned upon their faithfully accounting for all monies, funds, or properties coming into their possession in the capacity of their employment.
(m) The Attorney General or the district attorney of the county where the State Capitol is located , upon written request by the commission, shall represent the commission in all litigation where the commission is a party or in which the commission has an interest. The Attorney General shall serve as a legal advisor to the commission.
(n) All commission members shall be paid two hundred fifty dollars ($250) per day and mileage for attendance of commission meetings. Mileage and per diem shall be the same as allowed state employees when a commission member is traveling on official business of the commission and shall be paid from the Alabama Crime Victims Compensation Fund.