Draft legislation for the 2026 session would create a new crime of public corruption in Alabama.
The proposed law would apply to elected officials and public employees who embezzle or steal funds or misuse confidential information, Sen. Arthur Orr, R-Decatur, told Alabama Daily News. It could be a misdemeanor or felony offense, depending on the amount of funds wrongfully taken.
“We want to be able to help prosecutors by tightening the law to get money back and punish the bad actors,” Orr said.
His proposed bill would also require the former public servant, upon conviction of a felony related to their job, to forfeit his or her contributions to the state retirement system. That money would be used as restitution to the harmed office or entity. Any funds left over would be returned to the individual. Currently, those convicted of a felony related to their jobs lose the state’s contribution to their retirement funds, but not what the individual has put into it.
“If they steal from the state, (their retirement contributions) ought to be used to pay the state back,” Orr said.
The bill also says a public employee can’t use public funds to defend themselves if indicted for a felony related to their job.
And if the accused were on paid leave pending a conviction, they must pay back that money if convicted. He said suspects receiving pay while awaiting their cases have an incentive to delay a final resolution at the cost of taxpayers.
“That’s infuriating,” Orr said.
For example, Lauderdale County Circuit Judge Gil Self has been suspended with pay since being indicted in early 2024 on more than a dozen charges that he misspent court funds. He’s awaiting trial next month.
In 2023, ADN reported state audits showed more than $146,000 in undocumented or unallowable expenses from two court-fee funded accounts Self oversaw. Some of that money was spent on travel, handguns, ammunition and alcohol. Self blamed sloppy bookkeeping during the COVID-19 pandemic for accounting errors.
Several elected public officials have been convicted in recent years of abuse of their offices.
In 2023, Barbour County Sheriff Leroy Upshaw was sentenced to prison after being convicted of using his office for personal gain.
The same year, a former Tuscaloosa County license commissioner was convicted of using her public office for personal gain, theft and fraud.
In 2021, a former Washington County revenue commissioner was ordered to repay about $650,000 after pleading guilty to taking the funds from the county parks board.
Also in 2021, former Lee County District Attorney Brandon Hughes pleaded guilty to using his office for personal gain and perjury.
In 2019, a Chambers County Probate Court employee was convicted of stealing nearly $300,000.
In 2018, a former Franklin County administrator was sentenced to two 20-year prison terms after taking more than $750,000.
The 2026 legislative session starts Jan. 13.