Alabama 2022 Regular Session

Alabama House Bill HB466 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB466
2	2	2 216065-1
3	3	3 By Representative Pringle
4	4	4 RFD: Judiciary
5	5	5 First Read: 08-MAR-22
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7	7	Page 0 1 216065-1:n:01/12/2022:KMS/cmg LSA2021-2677
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10	10	4
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13	13	7
14	14	8 SYNOPSIS: Under existing law, the Bail Bond Reform Act
15	15	9 of 1993, defines and provides for the use of bail
16	16	10 bonds and the duties and responsibilities of
17	17	11 professional bail and professional surety
18	18	12 companies.
19	19	13 This bill would remove the requirement of
20	20	14 cash bail only for an initial custody arrest under
21	21	15 certain circumstances, would provide for the
22	22	16 acceptance of certain filing fees by the sheriff or
23	23	17 jailer, and would provide further for the
24	24	18 definitions of cash bail and property bail.
25	25	19 This bill would provide further for the
26	26	20 arrest and delivery of a defendant to jail by a
27	27	21 surety with no court costs to be entered on the
28	28	22 surety, would provide that a surety not be charged
29	29	23 for a bondsman's process or for a certified copy of
30	30	24 a bond, and would require the license number of the
31	31	25 bondsman or recovery to be listed on a bondsman's
32	32	26 process form.
33	33	Page 1 1 This bill would increase the time frames for
34	34	2 notice and conducting hearings in conditional
35	35	3 forfeiture proceedings.
36	36	4 This bill would remove the requirement that
37	37	5 a conditional judgment to set aside shall be made
38	38	6 absolute for the entire sum and would provide
39	39	7 further for instances when a court may set aside
40	40	8 forfeiture, may not release a defendant on judicial
41	41	9 public bail, and eligibility for judicial public
42	42	10 bail.
43	43	11 This bill would provide further for the
44	44	12 amount of new corporate surety bonds and escrow
45	45	13 agreements required in counties with a populations
46	46	14 of 200,000 or more.
47	47	15 This bill would provide further for criminal
48	48	16 penalties for certain unlawful behavior.
49	49	17 This bill would also make nonsubstantive,
50	50	18 technical revisions to update the existing code
51	51	19 language to current style.
52	52	20 Amendment 621 of the Constitution of Alabama
53	53	21 of 1901, as amended by Amendment 890, now appearing
54	54	22 as Section 111.05 of the Official Recompilation of
55	55	23 the Constitution of Alabama of 1901, prohibits a
56	56	24 general law whose purpose or effect would be to
57	57	25 require a new or increased expenditure of local
58	58	26 funds from becoming effective with regard to a
59	59	27 local governmental entity without enactment by a
60	60	Page 2 1 2/3 vote unless: it comes within one of a number of
61	61	2 specified exceptions; it is approved by the
62	62	3 affected entity; or the Legislature appropriates
63	63	4 funds, or provides a local source of revenue, to
64	64	5 the entity for the purpose.
65	65	6 The purpose or effect of this bill would be
66	66	7 to require a new or increased expenditure of local
67	67	8 funds within the meaning of the amendment. However,
68	68	9 the bill does not require approval of a local
69	69	10 governmental entity or enactment by a 2/3 vote to
70	70	11 become effective because it comes within one of the
71	71	12 specified exceptions contained in the amendment.
72	72	13
73	73	14 A BILL
74	74	15 TO BE ENTITLED
75	75	16 AN ACT
76	76	17
77	77	18 Relating to the Bail Bond Reform Act of 1993; to
78	78	19 amend Sections 15-13-103, 15-13-107, 15-13-111, 15-13-114,
79	79	20 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132,
80	80	21 15-13-136, 15-13-137, 15-13-138, 15-13-141, 15-13-145,
81	81	22 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to
82	82	23 remove the requirement of cash bail only for certain initial
83	83	24 custody arrests; to provide for the acceptance of certain
84	84	25 filing fees by the sheriff or jailer; to further define cash
85	85	26 bail and property bail; to provide further for the arrest and
86	86	27 delivery of a defendant to jail by a surety with no court
87	87	Page 3 1 costs to be entered on the surety; to provide that a surety
88	88	2 not be charged for a bondsman's process or for a certified
89	89	3 copy of a bond; to require the license number of the bondsman
90	90	4 or recovery on a bondsman's process form; to increase the time
91	91	5 frames for providing notice and conducting hearings in
92	92	6 conditional forfeiture proceedings; to remove the requirement
93	93	7 that a conditional judgment to set aside be made absolute for
94	94	8 the entire sum; to provide further for instances when a court
95	95	9 may set aside forfeiture and may not release a defendant on
96	96	10 judicial public bail; to provide further for eligibility for
97	97	11 judicial public bail; to provide further for the amount of new
98	98	12 corporate surety bonds and escrow agreements required in
99	99	13 counties with populations of 200,000 or more; to provide
100	100	14 further for criminal penalties for certain unlawful behavior;
101	101	15 to make nonsubstantive, technical revisions to update the
102	102	16 existing code language to current stye; and in connection
103	103	17 therewith would have as its purpose or effect the requirement
104	104	18 of a new or increased expenditure of local funds within the
105	105	19 meaning of Amendment 621 of the Constitution of Alabama of
106	106	20 1901, as amended by Amendment 890, now appearing as Section
107	107	21 111.05 of the Official Recompilation of the Constitution of
108	108	22 Alabama of 1901.
109	109	23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
110	110	24 Section 1. Sections 15-13-103, 15-13-107, 15-13-111,
111	111	25 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131,
112	112	26 15-13-132, 15-13-136, 15-13-137, 15-13-138, 15-13-141,
113	113	Page 4 1 15-13-145, 15-13-159, 15-13-160, and 15-13-164 of the Code of
114	114	2 Alabama 1975, are amended to read as follows:
115	115	3 "§15-13-103.
116	116	4 "Admission to bail is the order of a judicial
117	117	5 officer of any court of the State of Alabama, or one of its
118	118	6 subdivisions, that the defendant be discharged from actual
119	119	7 custody on bail. Judicial officers of all courts in the State
120	120	8 of Alabama state shall see that every defendant arrested and
121	121	9 in custody has an opportunity to give bail, in cases in which
122	122	10 the defendant is entitled to bail and in cases pending before
123	123	11 the court, and shall see that the amount of bail is
124	124	12 established. The amount of bail shall be set in the amount
125	125	13 that the judicial officer feels, in his or her discretion,
126	126	14 feels is sufficient to guarantee the appearance of the
127	127	15 defendant. Bail amounts shall not exceed the statutory limits
128	128	16 otherwise set out in the laws of this state. The amounts of
129	129	17 bail may be set by a judicial officer in a standard bail
130	130	18 schedule as prescribed by the judge or pursuant to the bail
131	131	19 schedule promulgated adopted by Supreme Court rule. Bail for
132	132	20 an initial custody arrest of a defendant in misdemeanor cases,
133	133	21 municipal ordinance violations, violations, or traffic
134	134	22 offenses may not be set as cash bail only. Cash bail may be
135	135	23 ordered on failure to appear.
136	136	24 "§15-13-107.
137	137	25 "(a) Judges of any court within the State of Alabama
138	138	26 state may accept, take, and approve bail within the
139	139	27 jurisdiction of their respective courts.
140	140	Page 5 1 "(b) Circuit, district, and municipal court clerks,
141	141	2 including magistrates, may accept, take, and approve bail
142	142	3 within the jurisdiction of their respective courts.
143	143	4 "(c) Only judicial officers and circuit, district,
144	144	5 and municipal court clerks or a designee of the court may
145	145	6 accept and approve appeal bonds and cash bonds. Provided,
146	146	7 however, that any person designated by the court to receive
147	147	8 cash bonds, shall be bonded to receive court moneys monies and
148	148	9 have the written approval of their chief administrative
149	149	10 officer. Clerks of the courts of Alabama may delegate to their
150	150	11 employees the right to accept and approve appeal bonds and
151	151	12 cash bonds.
152	152	13 "(d) Sheriffs of the state and chiefs of police
153	153	14 having custody of a defendant may accept, take, and approve
154	154	15 property or professional surety bail. The authority may be
155	155	16 delegated to their deputies and officers.
156	156	17 "(e) The judicial officers and persons in
157	157	18 subsections (a), (b), (c), and (d) shall accept and shall
158	158	19 release the defendant when bail meets the requirements as set
159	159	20 out in Division 10, applying to professional surety. The
160	160	21 judicial officers and persons in subsection (c) shall accept,
161	161	22 approve, and release the defendant when the bail meets the
162	162	23 requirements as set out in Division 9, applying to cash bail.
163	163	24 The judicial officers and persons in subsections (a), (b),
164	164	25 (c), and (d) may accept, approve, and release the defendant
165	165	26 when the officer or person, as designated, is of the opinion
166	166	Page 6 1 the bail meets the requirements as set out in Division 8 of
167	167	2 this chapter, applying to property bail.
168	168	3 "(f) A sheriff or jailer shall accept the filing fee
169	169	4 assessed under subsection (a) of Section 12-19-311, if payment
170	170	5 has been physically attached to the bail bond form at the time
171	171	6 of posting of the bail bond for the release of the defendant.
172	172	7 The clerks may accept business checks, cashiers checks,
173	173	8 certified checks, money orders, or cash. Any check or money
174	174	9 order shall be cashed within 90 days of receipt.
175	175	10 "§15-13-111.
176	176	11 "For persons arrested and taken into custody, there
177	177	12 shall be four kinds of bail used in this state. No other form
178	178	13 of bail may be approved and accepted by any judicial officer,
179	179	14 court clerk, magistrate, or any other person designated to
180	180	15 accept and approve bail as stipulated in Division 1, Sections
181	181	16 15-13-100 to 15-13-110, inclusive. The four kinds of bail
182	182	17 shall be judicial public bail, cash bail, property bail, and
183	183	18 professional surety bail. Their definitions are as follows:
184	184	19 "(1) CASH BAIL. Cash bail is when the defendant or
185	185	20 some person on behalf of the defendant deposits cash in an
186	186	21 amount equal to a part or the total sum of the bail as set by
187	187	22 the judicial officer to the clerk of the court having
188	188	23 jurisdiction over the case. Acceptance of cash bail shall
189	189	24 conform to Division 9.
190	190	25 "(2) JUDICIAL PUBLIC BAIL. Judicial public bail is
191	191	26 the release of any defendant without any condition of an
192	192	27 undertaking relating to, or a deposit of, security. Such
193	193	Page 7 1 Judicial public bail shall be granted to persons subjected to
194	194	2 custodial arrest only by a judicial officer having
195	195	3 jurisdiction over the defendant and in accordance with the
196	196	4 procedures established in Division 7 of this article.
197	197	5 "(3) PROFESSIONAL SURETY BAIL. Professional surety
198	198	6 bail is when a defendant is released on bail by having a
199	199	7 professional surety or professional bail company execute a
200	200	8 bond on behalf of the defendant and becoming surety on the
201	201	9 bail. Such Professional surety or professional bail companies
202	202	10 shall meet the qualification requirements of Division 10.
203	203	11 "(4) PROPERTY BAIL. Property bail is when a
204	204	12 defendant is released on bail by having at least one or more
205	205	13 real property owners that own real property in the State of
206	206	14 Alabama state, execute or become bail or surety for the
207	207	15 defendant. Such property Real property owners shall qualify
208	208	16 and meet requirements applying to property bail as set out in
209	209	17 Division 8.
210	210	18 "§15-13-114.
211	211	19 "The obligation of the sureties continues throughout
212	212	20 every stage of trial, from the time the defendant is entered
213	213	21 thereon until the rendition of the verdict by the jury or
214	214	22 judge. The finding of the defendant guilty by a jury or judge
215	215	23 discharges the sureties. The obligation of the sureties are
216	216	24 also discharged when the judge takes any of the following
217	217	25 actions:
218	218	26 "(1) Sentences the defendant.
219	219	Page 8 1 "(2) Grants the prosecutor's motion to nol pros the
220	220	2 case.
221	221	3 "(3) Dismisses the case.
222	222	4 "(4) Issuance of Issues any order to the defendant
223	223	5 to attend driving-under-the-influence school, mental health
224	224	6 counseling, mental health court, pretrial diversion, drug
225	225	7 court, veterans court, or any similar order of which the court
226	226	8 would only have had the authority to do so, if there had been
227	227	9 an adjudication of guilt or in cases where there has been an
228	228	10 adjudication of guilt.
229	229	11 "(5) Issuance of Issues any order of restitution or
230	230	12 payments received from the defendant to the court for fines,
231	231	13 court costs, or restitution.
232	232	14 "(6) Announcement or order of Announces or orders
233	233	15 asentence prior to any probation determination.
234	234	16 "§15-13-118.
235	235	17 "After the entry of a conditional forfeiture against
236	236	18 any surety on an undertaking of bail, the surety may arrest
237	237	19 the defendant as provided in Section 15-13-117, but and the
238	238	20 arrest and delivery of the defendant to the authorized jail as
239	239	21 stated in Section 15-13-117 shall not exonerate the surety
240	240	22 unless, in the judgment of the court, a good and sufficient
241	241	23 cause is given for the failure of the defendant to appear at
242	242	24 the time the conditional judgement was entered. No court costs
243	243	25 shall be entered on the surety. On a conditional forfeiture,
244	244	26 defendants who are their own sureties by posting their own
245	245	Page 9 1 cash, real property, or personal recognizance bail shall be
246	246	2 assessed court costs upon a final forfeiture.
247	247	3 "§15-13-125.
248	248	4 "The clerk of the court having jurisdiction over the
249	249	5 defendant shall issue a bondsman's process to the sureties on
250	250	6 such the bail upon their request. The request may be made by
251	251	7 any one of the sureties. Before the issuance of the process,
252	252	8 the clerk shall determine if the case is still open and the
253	253	9 defendant and the sureties have not been discharged by law. A
254	254	10 surety shall not be charged for the bondsman's process or for
255	255	11 a certified copy of the bond.
256	256	12 "§15-13-128.
257	257	13 "The following shall be substantially the form to be
258	258	14 used for a bondsman's process.
259	259	"BONDSMAN'S PROCESS15
260	260	16
261	261	"STATE OF ALABAMA17
262	262	18 "COUNTY OF ___________.
263	263	19 "(or)
264	264	20 "CITY OF ______________.
265	265	21 "WHEREAS, the Sureties on the bail of the defendant
266	266	22 _____, in case number _____, have expressed their desire to
267	267	23 surrender the defendant to the custody of _____ of (City or
268	268	24 County), Alabama, and such desire has been expressed to the
269	269	Page 10 1 clerk of the _____ Court of the City/County of _____, Alabama,
270	270	2 and,
271	271	3 "WHEREAS, the clerk has checked the records and case
272	272	4 number _____ is still pending and the defendant nor his or her
273	273	5 sureties have been discharged of their obligations, or the
274	274	6 records of case number _____ reflect that the defendant has
275	275	7 failed to appear on the obligation of bail as required and a
276	276	8 warrant has been issued for the arrest of the defendant.
277	277	9 "NOW, THEREFORE, this document is issued, as
278	278	10 required by law, and the document gives the right to the Sure-
279	279	11 ties (bondsmen) to arrest the defendant, _____ at any place in
280	280	12 the State of Alabama, or the sureties may authorize another
281	281	13 person to arrest the defendant by an endorsement in writing on
282	282	14 this document or attached to this document and the surety or
283	283	15 bondsman shall forthwith, after the arrest, take the defendant
284	284	16 to the _____ jail of _____, custodian thereof.
285	285	"Executed this _____ day of17
286	286	18 _____, 20__.
287	287	19 " ________________
288	288	20 "CLERK OF COURT
289	289	"SEAL:21
290	290	22 "Bondsman Return
291	291	Page 11 1 "On this _____ day of ___________, 20__, I
292	292	2 ___________ agent for ___________ surrender the above named
293	293	3 defendant to the ___________ jail of ___________.
294	294	4 "Time: _____
295	295	5 "Bondsman's or Recovery License Number:
296	296	6 __________________.
297	297	7 "§15-13-131.
298	298	8 "(a) When a defendant fails to appear in court as
299	299	9 required by the undertaking of bail and no sufficient excuse
300	300	10 has been provided to the court prior to the hearing, the court
301	301	11 shall order a conditional forfeiture and show cause order
302	302	12 against the defendant and the sureties of the bail. The court
303	303	13 shall notify defendant and sureties of the order as set out in
304	304	14 this article. The defendant or sureties, or both, shall file a
305	305	15 written response with the clerk of the court within 28 45 days
306	306	16 of after the date of service of the notice why the bond should
307	307	17 not be forfeited. If a written response is filed within the
308	308	18 time allowed and the court is of the opinion the written
309	309	19 response is sufficient, the court shall set aside the
310	310	20 conditional forfeiture. If the court is of the opinion the
311	311	21 written response is not sufficient, the court shall set a
312	312	22 hearing to determine whether the bond should be forfeited. The
313	313	23 hearing shall not be set less than 90 120 days of after the
314	314	24 service of the conditional forfeiture order. If no written
315	315	25 response has been filed after 28 45 days from the date of
316	316	26 service of the notice, the court may enter an appropriate
317	317	27 order or final judgment forfeiting all or part of the amount
318	318	Page 12 1 of the bond which shall be enforceable as any civil judgment.
319	319	2 The court may take into consideration the circumstances
320	320	3 provided to the court and continue any final forfeiture
321	321	4 hearing to another day and time allowing the sureties more
322	322	5 time to apprehend the defendant.
323	323	6 "(b) When an undertaking of bail is forfeited by the
324	324	7 failure of the defendant to appear as required, except when
325	325	8 money is deposited as cash bail, a conditional judgment shall
326	326	9 be rendered by the court in favor of the state or its subdivi-
327	327	10 sions, for the use of the proper city, county, or state,
328	328	11 against the parties to the undertaking for the sum thereon
329	329	12 expressed, which judgment may be substantially as follows:
330	330	"(State of or City13
331	331	14 of)
332	332	Charge: _______
333	333	"vs15 Case No. ______
334	334	"A.B.___________16
335	335	"C.D.___________17
336	336	"E.F.18
337	337	19 (Sureties)_________
338	338	20 _
339	339
340	340	"It being known to the court that A.B., together21
341	341	22 with (Sureties) _____ , agreed to pay the State of Alabama (or
342	342	23 City of _____,) _____ dollars (the sum specified in the
343	343	Page 13 1 undertaking), unless A.B. appeared at the time and place
344	344	2 mentioned and fixed in the bond or undertaking to answer in
345	345	3 this case and A.B. having failed to appear at the time and
346	346	4 place mentioned in the bond or undertaking, it is therefore
347	347	5 ordered by the court that the State of Alabama (or City of
348	348	6 _____,) for the use of _____ State (or City), recover of the
349	349	7 defendant and sureties on the undertakings, the sum of _____
350	350	8 dollars (the sum specified in the undertaking), unless they
351	351	9 file a written response and show cause why this judgment
352	352	10 should not be made absolute within 28 45 days of the date of
353	353	11 service of this conditional forfeiture order.
354	354	12 "(c) The state shall remit one-half of the funds it
355	355	13 receives under subsections (a) and (b) to the county in which
356	356	14 the defendant was charged. The funds shall be deposited into
357	357	15 the general fund of the county and used for the maintenance
358	358	16 and operation of the county jail.
359	359	17 "§15-13-132.
360	360	18 "A notice of the rendition of the judgment set forth
361	361	19 in Section 15-13-131 shall be issued by the clerk of the court
362	362	20 and served according to the terms as established in this
363	363	21 article within 90 days of the court's conditional forfeiture
364	364	22 order to the defendant and sureties. The notice may be in the
365	365	23 following form of the defendant's failure to appear in court:
366	366	"STATE OF ALABAMA24 _____________
367	367	"(or City of ___________)25 Defendant
368	368	Page 14 vs1
369	369	2
370	370	"___________ County3 _____________
371	371	4 "Surety
372	372	"Case No. ___________5 _____________
373	373	6 "Surety
374	374	"Charge: ___________7
375	375	"Conditional Forfeiture Notice8
376	376	9
377	377	"To: ___________10 ___________ Court
378	378	"Defendant11
379	379	"______________12 ___________
380	380	"Surety13
381	381	"You are hereby notified that your name appears as a14
382	382	15 surety on the bond in the above styled case. This case was
383	383	16 called for trial on _______ (date) and the defendant was not
384	384	Page 15 1 present to answer. Therefore, a conditional forfeiture of
385	385	2 _______ dollars was entered against you.
386	386	3 "You shall file a written response within 28 45 days
387	387	4 after you receive this notice and show cause to the court why
388	388	5 this bond amount and the court cost incident to this
389	389	6 forfeiture should not be made final.
390	390	7 "If no action on your part is taken 28 45 days after
391	391	8 the date you receive this notice, a final forfeiture may be
392	392	9 entered against you by the court. The sheriff shall collect
393	393	10 the amount of the bond and court cost from you or levy on your
394	394	11 property to satisfy the forfeiture case. If you file a written
395	395	12 response and the court is of the opinion your written response
396	396	13 is not sufficient to set aside the conditional forfeiture,
397	397	14 then the court shall set a final forfeiture hearing date and
398	398	15 you will be notified at the address provided on the response.
399	399	16 "This bond forfeiture is a court case against you
400	400	17 separate from the defendant's criminal case. The court has
401	401	18 also ordered that the defendant be re-arrested in the original
402	402	19 case.
403	403	"Date issued: ___________20 By ___________
404	404	21 "Clerk
405	405	"§15-13-136.22
406	406	23 "In forfeiture cases where the clerk of the court
407	407	24 has failed to issue the conditional forfeiture notice as
408	408	Page 16 1 stipulated in Section 15-13-132 and where there has been no
409	409	2 service as set out in Section 15-13-134 made within 90 days of
410	410	3 after the order of the court defendant fails to appear as set
411	411	4 out in Section 15-13-131, and where the sureties have complied
412	412	5 with Section 15-13-133, then the sureties shall be discharged
413	413	6 from all liability of the bail and the conditional judgment
414	414	7 shall be set aside against such those sureties.
415	415	8 "§15-13-137.
416	416	9 "If the defendants appear and show sufficient cause
417	417	10 for the default to be determined by the court, the conditional
418	418	11 judgment shall be set aside. If the excuse is not sufficient,
419	419	12 or if the defendant or sureties fail to appear at the final
420	420	13 forfeiture hearing, the judgment shall may be made absolute
421	421	14 for the entire sum expressed in the undertaking, or any
422	422	15 portion thereof according to the circumstances.
423	423	16 "§15-13-138.
424	424	17 "(a) The court shall set aside the conditional
425	425	18 forfeiture in its entirety for the following reasons or under
426	426	19 the following circumstances:
427	427	20 "(1) If the sureties can show that the defendant was
428	428	21 hospitalized at the time he or she was to appear in court, or
429	429	22 if the sureties can produce sufficient evidence that the
430	430	23 defendant was not able to attend court for reason of illness,
431	431	24 by producing a doctor's certificate or letter to that effect.
432	432	25 The hospitalization may be in or out of the State of Alabama
433	433	26 this state. For the sureties to take advantage of this
434	434	27 provision subdivision, they shall put the court on notice that
435	435	Page 17 1 the situation exists either prior to the issuance of the
436	436	2 conditional forfeiture order or within 28 45 days after legal
437	437	3 service of the conditional forfeiture on the sureties. After
438	438	4 receiving notice, the court may continue the case to a future
439	439	5 date it deems proper and just for the defendant to appear. If
440	440	6 at that time the defendant is still not able to attend court
441	441	7 for the same reason, then it shall be the burden of the
442	442	8 sureties to produce the evidence within the same prescribed
443	443	9 time. This section shall does not bar the court from the
444	444	10 issuance of a bench warrant for the defendant in cases where
445	445	11 the court feels that documents of proof do not reflect the
446	446	12 truth, or where the court has reason to believe the defendant
447	447	13 may appear and he or she is using such the documents of proof
448	448	14 as an excuse to avoid appearance.
449	449	15 "(2) If the sureties show that the defendant was
450	450	16 confined in jail or in the custody of another jurisdiction in
451	451	17 the State of Alabama this state or any other state, at the
452	452	18 time of his or her original appearance or on the date of the
453	453	19 issuance of the conditional forfeiture order, or if the surety
454	454	20 shows that the defendant is still confined in any jail in the
455	455	21 State of Alabama this state or any other state, or in the
456	456	22 custody of another jurisdiction within the State of Alabama
457	457	23 this state or any other state, or in the custody of another
458	458	24 jurisdiction within the continental United States, including
459	459	25 United States federal jurisdiction, the court shall set aside
460	460	26 the conditional forfeiture and continue the case until a time
461	461	27 after the end of that confinement. If the court later learns
462	462	Page 18 1 that the defendant is free from confinement before the
463	463	2 confinement was supposed to end, then the court, with notice
464	464	3 to the sureties, may reset the case and the burden shall be on
465	465	4 the sureties to produce the defendant for the hearing or the
466	466	5 court may issue another conditional forfeiture.
467	467	6 "(3) If the sureties show the defendant is deceased.
468	468	7 "(4) If the sureties show the defendant was serving
469	469	8 on active duty in one of the military services of the United
470	470	9 States.
471	471	10 "(b) If the surety requests that a defendant who has
472	472	11 failed to appear be entered into NCIC, and the governing
473	473	12 authorities refuse to honor the request or the defendant is
474	474	13 arrested outside of the state and the governing authorities
475	475	14 decline to proceed with extradition, the surety shall be
476	476	15 discharged. A surety shall be notified by the district
477	477	16 attorney in writing of a defendant's arrest outside of the
478	478	17 state within seven days of the arrest. The defendant may be
479	479	18 charged the cost of extradition and those costs may be added
480	480	19 to court costs.
481	481	20 "§15-13-141.
482	482	21 "In all cases where a conditional forfeiture has
483	483	22 been made final by any court of the state or any of its
484	484	23 subdivisions and there has been no further action or request
485	485	24 filed with the court, appeal taken, application to the State
486	486	25 Pardons and Paroles Board, or any other litigation of which
487	487	26 the court has knowledge has been filed by the surety with the
488	488	27 court within 30 days to the clerk of the court of the entry or
489	489	Page 19 1 order of the final judgment and the same has not been paid
490	490	2 within 30 days to the clerk of the court, then the clerk shall
491	491	3 refuse to accept and approve any bonds from the surety as
492	492	4 being insufficient. The clerk shall notify all persons
493	493	5 authorized to accept and approve bonds returnable to the court
494	494	6 of the action and they shall no longer accept or approve
495	495	7 surety on bonds until notified otherwise by the clerk. The
496	496	8 clerk shall also notify the circuit clerk of the county who
497	497	9 shall notify all other clerks of any courts in the county in
498	498	10 writing and the clerks shall refuse to accept or approve any
499	499	11 other bonds of the surety and shall notify the other
500	500	12 authorized persons having the authority to approve and accept
501	501	13 bail returnable to their courts of the action and they shall
502	502	14 no longer accept or approve the surety on bail until otherwise
503	503	15 notified by the clerk. Refusal by the clerks shall be in
504	504	16 writing and shall be known as a "clerk's revocation of
505	505	17 surety."
506	506	18 "§15-13-145.
507	507	19 "Any person charged with a felony, misdemeanor, or
508	508	20 violation shall be eligible for a judicial public bail, if:
509	509	21 "(1) The person is not charged with robbery, capital
510	510	22 murder, forcible sex crimes, escape, trafficking in drugs, or
511	511	23 the sale of drugs.
512	512	24 "(2) The person has not been convicted of a previous
513	513	25 felony or committed a felony while being released on any form
514	514	26 of bail.
515	515	Page 20 1 "(3) The person is not presently under a suspended
516	516	2 sentence or on probation or parole for a previous conviction
517	517	3 on a misdemeanor or a felony.
518	518	4 "(4) There is no evidence, satisfactory to the
519	519	5 judicial officer, that the person has violated a previous bail
520	520	6 release, whether it be judicial public bail, property, cash,
521	521	7 or professional surety bail, or failure to appear.
522	522	8 "§15-13-159.
523	523	9 "No professional surety company shall execute or
524	524	10 become surety on any appearance bond in this state, unless it
525	525	11 has an order granting authorization to become professional
526	526	12 surety on any bail. The order granting the authorization shall
527	527	13 be reissued annually, prior to January 1 of each year, by the
528	528	14 presiding circuit judge of the county in which the company
529	529	15 desires to execute bail or appearance bonds. Prior to the
530	530	16 judge's issuance of the original order and no later than
531	531	17 December 1 of each year, thereafter, professional surety
532	532	18 companies shall submit annually to the presiding circuit judge
533	533	19 the following:
534	534	20 "(1) An original or certified copy of a certificate
535	535	21 of authority or certificate of compliance from the Department
536	536	22 of Insurance reflecting that the company is qualified to write
537	537	23 a bail line of insurance and that the company is in good
538	538	24 standing with the department.
539	539	25 "(2) An original qualifying power of attorney issued
540	540	26 by the professional surety company, specifying any applicable
541	541	27 limitations and the names of the agents that may execute and
542	542	Page 21 1 bind the company to a bail undertaking. The qualifying power
543	543	2 of attorney shall not name any company, corporation, or other
544	544	3 entity as an agent except a person as defined as a
545	545	4 professional bondsman in Division 1, Section 15-13-100 of this
546	546	5 chapter, and that person shall be an agent of the company
547	547	6 licensed with the Department of Insurance.
548	548	7 "(3) A copy of the license issued by the Department
549	549	8 of Insurance of each agent who is named in or appointed by the
550	550	9 qualifying power of attorney in subdivision (2) or a letter or
551	551	10 other documentation from the department indicating that the
552	552	11 appointed agents are temporarily licensed as agents of the
553	553	12 professional surety company for those lines of insurance.
554	554	13 "(4) An affidavit or certification in writing, under
555	555	14 oath, executed by a licensed agent of the professional surety
556	556	15 company who is the manager or an owner or president of a
557	557	16 corporation, company, partnership, or other entity that
558	558	17 represents the professional surety company, filed with the
559	559	18 clerk of the circuit court of each county in which the
560	560	19 professional surety company executes or becomes surety on
561	561	20 appearance bonds, stating the following:
562	562	21 "a. That all appearance bonds shall be executed in
563	563	22 the name of the professional surety company as surety by the
564	564	23 agents listed or appointed in the qualifying power of attorney
565	565	24 presented to the court or any other qualifying powers of
566	566	25 attorney filed with the circuit clerk of the county.
567	567	Page 22 1 "b. That all agents listed or appointed in the
568	568	2 qualifying powers of attorney shall be licensed by the
569	569	3 Department of Insurance, prior to their appointments.
570	570	4 "c. That any agency, company, corporation, or other
571	571	5 entity that represents the professional surety company in the
572	572	6 county, has no owners or other persons having a direct or
573	573	7 indirect financial interest in such agency, company,
574	574	8 corporation, or other entity, that have been convicted of a
575	575	9 felony or a crime involving moral turpitude. If any person
576	576	10 having a direct or indirect financial interest in such agency,
577	577	11 company, corporation, or other entity has been convicted of a
578	578	12 felony or a crime involving moral turpitude, then the
579	579	13 affidavit or certification shall certify that there has been
580	580	14 such conviction, providing the name of the person convicted,
581	581	15 and certify that the person convicted has been pardoned or has
582	582	16 had a restoration of civil rights.
583	583	17 "d. That the professional surety company has no
584	584	18 knowledge of forfeitures that have been final for more than 30
585	585	19 days that have not been paid to the clerk of the court arising
586	586	20 out of surety undertaking, and that the professional surety
587	587	21 company has no petitions, motions, or other litigation matters
588	588	22 pending.
589	589	23 "e. That no agents of the professional surety
590	590	24 company who have the authority to execute appearance bonds in
591	591	25 its behalf or any person having a financial interest, direct
592	592	26 or indirect, in the ownership or management of any agency,
593	593	27 company, corporation, or other entity that represents the
594	594	Page 23 1 professional surety company in the execution of appearance
595	595	2 bonds, is an attorney, a judicial official, a person
596	596	3 authorized to accept an appearance bond, or an agent of an
597	597	4 attorney, judicial official, or person authorized to accept an
598	598	5 appearance bond.
599	599	6 "f. The names and addresses of all persons,
600	600	7 officers, employees, and agents of the agency, company,
601	601	8 corporation, or other entity that represents the professional
602	602	9 surety company becoming surety on appearance bonds who have a
603	603	10 direct or indirect financial interest in the agency, company,
604	604	11 corporation, or other entity representing the professional
605	605	12 surety company and the nature and extent of each interest.
606	606	13 "g. That those persons stated in this section have
607	607	14 not, within a period of two years, violated any provisions of
608	608	15 this chapter or any rules adopted by the Supreme Court of
609	609	16 Alabama in accordance with this chapter.
610	610	17 "(5) A copy of the license issued by the Alabama
611	611	18 Professional Bail Bonding Board pursuant to the Alabama Bail
612	612	19 Bond Regulatory Act, Article 8, commencing with Section
613	613	20 15-13-200.
614	614	21 "§15-13-160.
615	615	22 "No professional bail company shall execute or
616	616	23 become surety on any appearance bond in this state, unless it
617	617	24 the company has an order granting authorization to become
618	618	25 professional surety on any bail. The order granting
619	619	26 authorization shall be reissued annually prior to January 1 of
620	620	27 each year by the presiding circuit judge of the county in
621	621	Page 24 1 which the company desires to execute bail or appearance bonds.
622	622	2 Prior to the judge's issuance of the original order and no
623	623	3 later than December 1 of each year, thereafter, professional
624	624	4 bail companies shall submit annually to the presiding circuit
625	625	5 judge the following:
626	626	6 "(1)a. An original corporate surety bond or escrow
627	627	7 agreement, filed and approved by the presiding circuit judge
628	628	8 of the county in which the professional bail company executes
629	629	9 or becomes surety on appearance bonds, in the amount of
630	630	10 $25,000 twenty-five thousand dollars ($25,000), guaranteeing
631	631	11 the payment of all sums of money that may become due by virtue
632	632	12 of any judgment absolute that may be rendered against the
633	633	13 professional bail company on a forfeiture entered by any court
634	634	14 in the county. Corporate surety bonds shall be executed only
635	635	15 by a surety company authorized to do business in the State of
636	636	16 Alabama this state and qualified to write bonds by the
637	637	17 Department of Insurance. The corporate surety bond shall
638	638	18 provide that it may be cancelled as to any future liability by
639	639	19 the corporate surety company or the professional bail company
640	640	20 giving 30 days prior written notice of the cancellation to the
641	641	21 clerk of the circuit court in which the bond or instrument was
642	642	22 filed. A bank in the State of Alabama this state shall be a
643	643	23 party to all escrow agreements, and those agreements shall
644	644	24 provide that the agreement may be cancelled as to any future
645	645	25 liability only by the professional bail company and bank
646	646	26 giving 30 days prior written notice of the cancellation to the
647	647	27 clerk of the circuit court in which the escrow agreement or
648	648	Page 25 1 instrument is filed. Once a professional bail company has
649	649	2 filed an original continuous corporate surety bond or escrow
650	650	3 agreement with the circuit clerk and it has been approved by
651	651	4 the presiding circuit judge, then the professional bail
652	652	5 company does not have to file any other original continuous
653	653	6 corporate surety bond or escrow agreement upon annual
654	654	7 recertification. The professional bail company shall submit an
655	655	8 original certificate from the insurance company which executed
656	656	9 the corporate surety bond reflecting that it is still in force
657	657	10 or an original letter from the bank stating the escrow
658	658	11 agreement is still effective and the moneys monies are still
659	659	12 held in trust. When any professional bail company is annually
660	660	13 recertifying, the circuit clerk shall send the original
661	661	14 corporate surety bond or original escrow agreement with any
662	662	15 cancellations received by the circuit clerk to the presiding
663	663	16 circuit judge for review and approval.
664	664	17 "b. Any new original corporate surety bond or escrow
665	665	18 agreement made after the effective date of the act adding this
666	666	19 paragraph, in a county with a population of 200,000 or more,
667	667	20 shall require a surety bond or escrow agreement in the amount
668	668	21 of fifty thousand dollars ($50,000). This paragraph does not
669	669	22 affect any corporate surety bond or escrow agreement made
670	670	23 before the effective date of the act adding this paragraph.
671	671	24 Current escrow agreements shall remain at twenty-five thousand
672	672	25 dollars ($25,000) for any renewal thereafter.
673	673	26 "(2) An original qualifying power of attorney,
674	674	27 letter, or other document issued by the professional bail
675	675	Page 26 1 company specifying any applicable limitations and specifying
676	676	2 the agents who are authorized to execute and bind the
677	677	3 professional bail company to a bail undertaking or to
678	678	4 appearance bonds. The qualifying power of attorney, letter, or
679	679	5 other document may only name persons as agents.
680	680	6 "(3) An original affidavit or certificate in
681	681	7 writing, under oath, executed by an owner or officer of a
682	682	8 professional bail company, to the clerk of the circuit court
683	683	9 of the county in which the professional bail company shall
684	684	10 execute or become surety on appearance bonds which contains
685	685	11 all of the following:
686	686	12 "a. That all appearance bonds shall be executed in
687	687	13 the name of the professional bail company as surety by the
688	688	14 agents listed or appointed in the qualifying power of
689	689	15 attorney, letter, or other document presented to the court or
690	690	16 any other person so named in any future qualifying powers of
691	691	17 attorney, letters, or documents filed with the circuit clerk
692	692	18 of the county.
693	693	19 "b. That the professional bail company is qualified
694	694	20 to do business in this state and its resident address.
695	695	21 "c. That the professional bail company has
696	696	22 sufficient financial net worth to satisfy its obligations as a
697	697	23 surety.
698	698	24 "d. That no person having a direct or indirect
699	699	25 financial interest in the professional bail company has been
700	700	26 convicted of a felony or a crime involving moral turpitude.
701	701	27 Notwithstanding the foregoing, if any person having a direct
702	702	Page 27 1 or indirect financial interest in the bonding business has
703	703	2 been convicted of a felony or a crime involving moral
704	704	3 turpitude, then the person making the certification shall
705	705	4 certify that there has been a conviction, provide the name of
706	706	5 the person convicted, and certify that the person convicted
707	707	6 has been pardoned or has had a restoration of civil rights.
708	708	7 "e. That the professional bail company has no
709	709	8 knowledge of any forfeiture that has been made final for more
710	710	9 than 30 days that has not been paid arising out of surety
711	711	10 undertakings and as to which the professional bail company has
712	712	11 no petitions, motions, or other litigation matters pending.
713	713	12 "f. That there are no persons, including employees,
714	714	13 agents, or persons with a financial interest in the
715	715	14 professional bail company, who, within a period of two years,
716	716	15 violated this chapter, or any rules adopted by the Supreme
717	717	16 Court governing the qualifications of professional surety or
718	718	17 bail companies.
719	719	18 "g. That no employee, agent, or any other person
720	720	19 having a direct or indirect financial interest in the
721	721	20 professional bail company is an attorney, a judicial official,
722	722	21 a person authorized to accept an appearance bond, or an agent
723	723	22 of an attorney, judicial official, or person authorized to
724	724	23 accept an appearance bond.
725	725	24 "h. The names and addresses of all officers,
726	726	25 employees, and agents of the professional bail company who
727	727	26 have a direct or indirect financial interest in the
728	728	Page 28 1 professional bail company and the nature and extent of each
729	729	2 interest.
730	730	3 "§15-13-164.
731	731	4 "(a) Any person who becomes surety on any bail for a
732	732	5 defendant in this state and receives something of value or
733	733	6 charges a fee therefor, and who is not authorized as a
734	734	7 professional surety or bail company under this chapter shall
735	735	8 be guilty of a Class A misdemeanor and, upon conviction, shall
736	736	9 be sentenced in accordance with the laws of this state for
737	737	10 such an offense.
738	738	11 "(b) Any defendant or other individual who contracts
739	739	12 with a surety or court, who provides false information to the
740	740	13 court or to the sureties on any bail bond forms or contracts,
741	741	14 shall be guilty of a Class A misdemeanor and, upon conviction,
742	742	15 shall be sentenced in accordance with the laws of this state
743	743	16 for the offense.
744	744	17 "(c) Any surety who exchanges sexual services in
745	745	18 exchange for bail bond services shall be guilty of a Class C
746	746	19 felony and, upon conviction, shall be sentenced in accordance
747	747	20 with the laws of this state for the offense."
748	748	21 Section 2. Although this bill would have as its
749	749	22 purpose or effect the requirement of a new or increased
750	750	23 expenditure of local funds, the bill is excluded from further
751	751	24 requirements and application under Amendment 621, as amended
752	752	25 by Amendment 890, now appearing as Section 111.05 of the
753	753	26 Official Recompilation of the Constitution of Alabama of 1901,
754	754	Page 29 1 as amended, because the bill defines a new crime or amends the
755	755	2 definition of an existing crime.
756	756	3 Section 3. The provisions of this act are severable.
757	757	4 If any part of this act is declared invalid or
758	758	5 unconstitutional, such declaration shall not affect the part
759	759	6 which remains.
760	760	7 Section 4. This act shall become effective on the
761	761	8 first day of the third month following its passage and
762	762	9 approval by the Governor, or its otherwise becoming law.
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