AGO 1997-012.

• Case Date: October 11, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1997-012. 1997-012October 11, 1996Honorable Frank Gregory Administrative Director of Courts Administrative Office of Courts 300 Dexter Avenue Montgomery, AL 36104-3741 DNA Database Fund - Bail Bonds - Forfeiture The DNA database fee of Code, _ 36-18-32(h) is assessed upon each type of bond forfeiture proceedings, when the final bond forfeiture is entered, and is not conditioned upon the initiation of the other proceedings set out in _ 36-18-32(h).Dear Mr. Gregory: This opinion is issued in response to your request for clarification of a portion of A.G. Opinion No. 96-00219, issued May 20, 1996, to the Honorable Stephanie Werdehoff, Presiding Judge for the Municipal Court of Huntsville, concerning whether the $2.00 DNA database fee authorized pursuant to _ 36-18-32(h), Code of Alabama 1975, should be assessed in all types of bond forfeiture proceedings. Your specific question is as follows: QUESTION

Should the $2.00 DNA database fee authorized pursuant to _ 36-18-32(h), Code of Alabama 1975, be assessed when a conditional forfeiture is entered? When a final forfeiture is entered?

FACTS AND ANALYSIS The "Facts and Analysis" portion to Question No. 4 of A.G. Opinion No. 96-00219 provided the following interpretation of _ 36-18-32(h):

"The provisions of the DNA Database Fund Act make that fee applicable to bond forfeiture proceedings upon the initiation of attachment, garnishment, or execution proceedings and upon the issuance of any alias capias warrant of arrest. . . ."

Section 36-18-32(h) provides that the DNA database fee is assessed on each type of bond forfeiture proceeding, and is not conditioned upon the initiation of an attachment, garnishment, execution or the issuance of alias or capias warrants of arrest arising therefrom. Section 36-18-32(h) separates the phrase "bond forfeiture proceedings" and the phrase "upon initiation of attachment, garnishment or execution proceedings . . ." by a comma, thereby specifying that the fee should be assessed...