As used in this division, the following terms shall have the following meanings:

Terms Used In Alabama Code 41-9-85.1

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • CONVICTED INDIVIDUAL: An individual convicted of a specified crime or a representative of the individual. See Alabama Code 41-9-85.1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • EARNED INCOME: Income derived from an individual's own labor or active participation in a business. See Alabama Code 41-9-85.1
  • Executor: A male person named in a will to carry out the decedent
  • following: means next after. See Alabama Code 1-1-1
  • FUNDS OF A CONVICTED INDIVIDUAL: Funds and property received from any source by a convicted individual. See Alabama Code 41-9-85.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Intestate: Dying without leaving a will.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: An individual, corporation, estate, partnership, association, or other legal entity, or representative of such. See Alabama Code 41-9-85.1
  • PROFITS FROM A CRIME: Any of the following:

    a. See Alabama Code 41-9-85.1

  • property: includes both real and personal property. See Alabama Code 1-1-1
  • 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. See Alabama Code 41-9-85.1
  • SECURITIES COMMISSION: The Alabama Securities Commission. See Alabama Code 41-9-85.1
  • SPECIFIED CRIME: A felony offense involving moral turpitude, as described in Section 17-3-30. See Alabama Code 41-9-85.1
  • 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
  • VICTIM OF A CRIME: Any of the following:

    a. See Alabama Code 41-9-85.1

(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.

(Act 2019-538, §2.)