Alabama 2022 Regular Session

Alabama Senate Bill SB73 Compare Versions

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

Old	New	Differences
1	1	1 SB73
2	2	2 216065-1
3	3	3 By Senator Williams
4	4	4 RFD: Banking and Insurance
5	5	5 First Read: 13-JAN-22
6	6
7	7	Page 0 1 216065-1:n:01/12/2022:KMS/cmg LSA2021-2677
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9	9	3
10	10	4
11	11	5
12	12	6
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 re-
278	278	10 quired 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. (Sure-18
337	337	19 ties)__________
338	338
339	339	"It being known to the court that A.B., together20
340	340	21 with (Sureties) _____ , agreed to pay the State of Alabama (or
341	341	22 City of _____,) _____ dollars (the sum specified in the
342	342	23 undertaking), unless A.B. appeared at the time and place
343	343	Page 13 1 mentioned and fixed in the bond or undertaking to answer in
344	344	2 this case and A.B. having failed to appear at the time and
345	345	3 place mentioned in the bond or undertaking, it is therefore
346	346	4 ordered by the court that the State of Alabama (or City of
347	347	5 _____,) for the use of _____ State (or City), recover of the
348	348	6 defendant and sureties on the undertakings, the sum of _____
349	349	7 dollars (the sum specified in the undertaking), unless they
350	350	8 file a written response and show cause why this judgment
351	351	9 should not be made absolute within 28 45 days of the date of
352	352	10 service of this conditional forfeiture order.
353	353	11 "(c) The state shall remit one-half of the funds it
354	354	12 receives under subsections (a) and (b) to the county in which
355	355	13 the defendant was charged. The funds shall be deposited into
356	356	14 the general fund of the county and used for the maintenance
357	357	15 and operation of the county jail.
358	358	16 "§15-13-132.
359	359	17 "A notice of the rendition of the judgment set forth
360	360	18 in Section 15-13-131 shall be issued by the clerk of the court
361	361	19 and served according to the terms as established in this arti-
362	362	20 cle within 90 days of the court's conditional forfeiture order
363	363	21 to the defendant and sureties. The notice may be in the fol-
364	364	22 lowing form of the defendant's failure to appear in court:
365	365	"STATE OF ALABAMA23 _____________
366	366	"(or City of ___________)24 Defendant
367	367	Page 14 vs1
368	368	2
369	369	"___________ County3 _____________
370	370	4 "Surety
371	371	"Case No. ___________5 _____________
372	372	6 "Surety
373	373	"Charge: ___________7
374	374	"Conditional Forfeiture Notice8
375	375	9
376	376	"To: ___________10 ___________ Court
377	377	"Defendant11
378	378	"______________12 ___________
379	379	"Surety13
380	380	"You are hereby notified that your name appears as a14
381	381	15 surety on the bond in the above styled case. This case was
382	382	16 called for trial on _______ (date) and the defendant was not
383	383	17 present to answer. Therefore, a conditional forfeiture of
384	384	18 _______ dollars was entered against you.
385	385	Page 15 1 "You shall file a written response within 28 45 days
386	386	2 after you receive this notice and show cause to the court why
387	387	3 this bond amount and the court cost incident to this
388	388	4 forfeiture should not be made final.
389	389	5 "If no action on your part is taken 28 45 days after
390	390	6 the date you receive this notice, a final forfeiture may be
391	391	7 entered against you by the court. The sheriff shall collect
392	392	8 the amount of the bond and court cost from you or levy on your
393	393	9 property to satisfy the forfeiture case. If you file a written
394	394	10 response and the court is of the opinion your written response
395	395	11 is not sufficient to set aside the conditional forfeiture,
396	396	12 then the court shall set a final forfeiture hearing date and
397	397	13 you will be notified at the address provided on the response.
398	398	14 "This bond forfeiture is a court case against you
399	399	15 separate from the defendant's criminal case. The court has
400	400	16 also ordered that the defendant be re-arrested in the original
401	401	17 case.
402	402	"Date issued: ___________18 By ___________
403	403	19 "Clerk
404	404	"§15-13-136.20
405	405	21 "In forfeiture cases where the clerk of the court
406	406	22 has failed to issue the conditional forfeiture notice as
407	407	23 stipulated in Section 15-13-132 and where there has been no
408	408	24 service as set out in Section 15-13-134 made within 90 days of
409	409	Page 16 1 after the order of the court defendant fails to appear as set
410	410	2 out in Section 15-13-131, and where the sureties have complied
411	411	3 with Section 15-13-133, then the sureties shall be discharged
412	412	4 from all liability of the bail and the conditional judgment
413	413	5 shall be set aside against such those sureties.
414	414	6 "§15-13-137.
415	415	7 "If the defendants appear and show sufficient cause
416	416	8 for the default to be determined by the court, the conditional
417	417	9 judgment shall be set aside. If the excuse is not sufficient,
418	418	10 or if the defendant or sureties fail to appear at the final
419	419	11 forfeiture hearing, the judgment shall may be made absolute
420	420	12 for the entire sum expressed in the undertaking, or any
421	421	13 portion thereof according to the circumstances.
422	422	14 "§15-13-138.
423	423	15 "(a) The court shall set aside the conditional
424	424	16 forfeiture in its entirety for the following reasons or under
425	425	17 the following circumstances:
426	426	18 "(1) If the sureties can show that the defendant was
427	427	19 hospitalized at the time he or she was to appear in court, or
428	428	20 if the sureties can produce sufficient evidence that the
429	429	21 defendant was not able to attend court for reason of illness,
430	430	22 by producing a doctor's certificate or letter to that effect.
431	431	23 The hospitalization may be in or out of the State of Alabama
432	432	24 this state. For the sureties to take advantage of this
433	433	25 provision subdivision, they shall put the court on notice that
434	434	26 the situation exists either prior to the issuance of the
435	435	27 conditional forfeiture order or within 28 45 days after legal
436	436	Page 17 1 service of the conditional forfeiture on the sureties. After
437	437	2 receiving notice, the court may continue the case to a future
438	438	3 date it deems proper and just for the defendant to appear. If
439	439	4 at that time the defendant is still not able to attend court
440	440	5 for the same reason, then it shall be the burden of the
441	441	6 sureties to produce the evidence within the same prescribed
442	442	7 time. This section shall does not bar the court from the
443	443	8 issuance of a bench warrant for the defendant in cases where
444	444	9 the court feels that documents of proof do not reflect the
445	445	10 truth, or where the court has reason to believe the defendant
446	446	11 may appear and he or she is using such the documents of proof
447	447	12 as an excuse to avoid appearance.
448	448	13 "(2) If the sureties show that the defendant was
449	449	14 confined in jail or in the custody of another jurisdiction in
450	450	15 the State of Alabama this state or any other state, at the
451	451	16 time of his or her original appearance or on the date of the
452	452	17 issuance of the conditional forfeiture order, or if the surety
453	453	18 shows that the defendant is still confined in any jail in the
454	454	19 State of Alabama this state or any other state, or in the
455	455	20 custody of another jurisdiction within the State of Alabama
456	456	21 this state or any other state, or in the custody of another
457	457	22 jurisdiction within the continental United States, including
458	458	23 United States federal jurisdiction, the court shall set aside
459	459	24 the conditional forfeiture and continue the case until a time
460	460	25 after the end of that confinement. If the court later learns
461	461	26 that the defendant is free from confinement before the
462	462	27 confinement was supposed to end, then the court, with notice
463	463	Page 18 1 to the sureties, may reset the case and the burden shall be on
464	464	2 the sureties to produce the defendant for the hearing or the
465	465	3 court may issue another conditional forfeiture.
466	466	4 "(3) If the sureties show the defendant is deceased.
467	467	5 "(4) If the sureties show the defendant was serving
468	468	6 on active duty in one of the military services of the United
469	469	7 States.
470	470	8 "(b) If the surety requests that a defendant who has
471	471	9 failed to appear be entered into NCIC, and the governing
472	472	10 authorities refuse to honor the request or the defendant is
473	473	11 arrested outside of the state and the governing authorities
474	474	12 decline to proceed with extradition, the surety shall be
475	475	13 discharged. A surety shall be notified by the district
476	476	14 attorney in writing of a defendant's arrest outside of the
477	477	15 state within seven days of the arrest. The defendant may be
478	478	16 charged the cost of extradition and those costs may be added
479	479	17 to court costs.
480	480	18 "§15-13-141.
481	481	19 "In all cases where a conditional forfeiture has
482	482	20 been made final by any court of the state or any of its
483	483	21 subdivisions and there has been no further action or request
484	484	22 filed with the court, appeal taken, application to the State
485	485	23 Pardons and Paroles Board, or any other litigation of which
486	486	24 the court has knowledge has been filed by the surety with the
487	487	25 court within 30 days to the clerk of the court of the entry or
488	488	26 order of the final judgment and the same has not been paid
489	489	27 within 30 days to the clerk of the court, then the clerk shall
490	490	Page 19 1 refuse to accept and approve any bonds from the surety as
491	491	2 being insufficient. The clerk shall notify all persons
492	492	3 authorized to accept and approve bonds returnable to the court
493	493	4 of the action and they shall no longer accept or approve
494	494	5 surety on bonds until notified otherwise by the clerk. The
495	495	6 clerk shall also notify the circuit clerk of the county who
496	496	7 shall notify all other clerks of any courts in the county in
497	497	8 writing and the clerks shall refuse to accept or approve any
498	498	9 other bonds of the surety and shall notify the other
499	499	10 authorized persons having the authority to approve and accept
500	500	11 bail returnable to their courts of the action and they shall
501	501	12 no longer accept or approve the surety on bail until otherwise
502	502	13 notified by the clerk. Refusal by the clerks shall be in
503	503	14 writing and shall be known as a "clerk's revocation of
504	504	15 surety."
505	505	16 "§15-13-145.
506	506	17 "Any person charged with a felony, misdemeanor, or
507	507	18 violation shall be eligible for a judicial public bail, if:
508	508	19 "(1) The person is not charged with robbery, capital
509	509	20 murder, forcible sex crimes, escape, trafficking in drugs, or
510	510	21 the sale of drugs.
511	511	22 "(2) The person has not been convicted of a previous
512	512	23 felony or committed a felony while being released on any form
513	513	24 of bail.
514	514	25 "(3) The person is not presently under a suspended
515	515	26 sentence or on probation or parole for a previous conviction
516	516	27 on a misdemeanor or a felony.
517	517	Page 20 1 "(4) There is no evidence, satisfactory to the
518	518	2 judicial officer, that the person has violated a previous bail
519	519	3 release, whether it be judicial public bail, property, cash,
520	520	4 or professional surety bail, or failure to appear.
521	521	5 "§15-13-159.
522	522	6 "No professional surety company shall execute or
523	523	7 become surety on any appearance bond in this state, unless it
524	524	8 has an order granting authorization to become professional
525	525	9 surety on any bail. The order granting the authorization shall
526	526	10 be reissued annually, prior to January 1 of each year, by the
527	527	11 presiding circuit judge of the county in which the company
528	528	12 desires to execute bail or appearance bonds. Prior to the
529	529	13 judge's issuance of the original order and no later than
530	530	14 December 1 of each year, thereafter, professional surety
531	531	15 companies shall submit annually to the presiding circuit judge
532	532	16 the following:
533	533	17 "(1) An original or certified copy of a certificate
534	534	18 of authority or certificate of compliance from the Department
535	535	19 of Insurance reflecting that the company is qualified to write
536	536	20 a bail line of insurance and that the company is in good
537	537	21 standing with the department.
538	538	22 "(2) An original qualifying power of attorney issued
539	539	23 by the professional surety company, specifying any applicable
540	540	24 limitations and the names of the agents that may execute and
541	541	25 bind the company to a bail undertaking. The qualifying power
542	542	26 of attorney shall not name any company, corporation, or other
543	543	27 entity as an agent except a person as defined as a
544	544	Page 21 1 professional bondsman in Division 1, Section 15-13-100 of this
545	545	2 chapter, and that person shall be an agent of the company
546	546	3 licensed with the Department of Insurance.
547	547	4 "(3) A copy of the license issued by the Department
548	548	5 of Insurance of each agent who is named in or appointed by the
549	549	6 qualifying power of attorney in subdivision (2) or a letter or
550	550	7 other documentation from the department indicating that the
551	551	8 appointed agents are temporarily licensed as agents of the
552	552	9 professional surety company for those lines of insurance.
553	553	10 "(4) An affidavit or certification in writing, under
554	554	11 oath, executed by a licensed agent of the professional surety
555	555	12 company who is the manager or an owner or president of a
556	556	13 corporation, company, partnership, or other entity that
557	557	14 represents the professional surety company, filed with the
558	558	15 clerk of the circuit court of each county in which the
559	559	16 professional surety company executes or becomes surety on
560	560	17 appearance bonds, stating the following:
561	561	18 "a. That all appearance bonds shall be executed in
562	562	19 the name of the professional surety company as surety by the
563	563	20 agents listed or appointed in the qualifying power of attorney
564	564	21 presented to the court or any other qualifying powers of
565	565	22 attorney filed with the circuit clerk of the county.
566	566	23 "b. That all agents listed or appointed in the
567	567	24 qualifying powers of attorney shall be licensed by the
568	568	25 Department of Insurance, prior to their appointments.
569	569	26 "c. That any agency, company, corporation, or other
570	570	27 entity that represents the professional surety company in the
571	571	Page 22 1 county, has no owners or other persons having a direct or
572	572	2 indirect financial interest in such agency, company,
573	573	3 corporation, or other entity, that have been convicted of a
574	574	4 felony or a crime involving moral turpitude. If any person
575	575	5 having a direct or indirect financial interest in such agency,
576	576	6 company, corporation, or other entity has been convicted of a
577	577	7 felony or a crime involving moral turpitude, then the
578	578	8 affidavit or certification shall certify that there has been
579	579	9 such conviction, providing the name of the person convicted,
580	580	10 and certify that the person convicted has been pardoned or has
581	581	11 had a restoration of civil rights.
582	582	12 "d. That the professional surety company has no
583	583	13 knowledge of forfeitures that have been final for more than 30
584	584	14 days that have not been paid to the clerk of the court arising
585	585	15 out of surety undertaking, and that the professional surety
586	586	16 company has no petitions, motions, or other litigation matters
587	587	17 pending.
588	588	18 "e. That no agents of the professional surety
589	589	19 company who have the authority to execute appearance bonds in
590	590	20 its behalf or any person having a financial interest, direct
591	591	21 or indirect, in the ownership or management of any agency,
592	592	22 company, corporation, or other entity that represents the
593	593	23 professional surety company in the execution of appearance
594	594	24 bonds, is an attorney, a judicial official, a person
595	595	25 authorized to accept an appearance bond, or an agent of an
596	596	26 attorney, judicial official, or person authorized to accept an
597	597	27 appearance bond.
598	598	Page 23 1 "f. The names and addresses of all persons,
599	599	2 officers, employees, and agents of the agency, company,
600	600	3 corporation, or other entity that represents the professional
601	601	4 surety company becoming surety on appearance bonds who have a
602	602	5 direct or indirect financial interest in the agency, company,
603	603	6 corporation, or other entity representing the professional
604	604	7 surety company and the nature and extent of each interest.
605	605	8 "g. That those persons stated in this section have
606	606	9 not, within a period of two years, violated any provisions of
607	607	10 this chapter or any rules adopted by the Supreme Court of
608	608	11 Alabama in accordance with this chapter.
609	609	12 "(5) A copy of the license issued by the Alabama
610	610	13 Professional Bail Bonding Board pursuant to the Alabama Bail
611	611	14 Bond Regulatory Act, Article 8, commencing with Section
612	612	15 15-13-200.
613	613	16 "§15-13-160.
614	614	17 "No professional bail company shall execute or
615	615	18 become surety on any appearance bond in this state, unless it
616	616	19 the company has an order granting authorization to become
617	617	20 professional surety on any bail. The order granting
618	618	21 authorization shall be reissued annually prior to January 1 of
619	619	22 each year by the presiding circuit judge of the county in
620	620	23 which the company desires to execute bail or appearance bonds.
621	621	24 Prior to the judge's issuance of the original order and no
622	622	25 later than December 1 of each year, thereafter, professional
623	623	26 bail companies shall submit annually to the presiding circuit
624	624	27 judge the following:
625	625	Page 24 1 "(1)a. An original corporate surety bond or escrow
626	626	2 agreement, filed and approved by the presiding circuit judge
627	627	3 of the county in which the professional bail company executes
628	628	4 or becomes surety on appearance bonds, in the amount of
629	629	5 $25,000 twenty-five thousand dollars ($25,000), guaranteeing
630	630	6 the payment of all sums of money that may become due by virtue
631	631	7 of any judgment absolute that may be rendered against the
632	632	8 professional bail company on a forfeiture entered by any court
633	633	9 in the county. Corporate surety bonds shall be executed only
634	634	10 by a surety company authorized to do business in the State of
635	635	11 Alabama this state and qualified to write bonds by the
636	636	12 Department of Insurance. The corporate surety bond shall
637	637	13 provide that it may be cancelled as to any future liability by
638	638	14 the corporate surety company or the professional bail company
639	639	15 giving 30 days prior written notice of the cancellation to the
640	640	16 clerk of the circuit court in which the bond or instrument was
641	641	17 filed. A bank in the State of Alabama this state shall be a
642	642	18 party to all escrow agreements, and those agreements shall
643	643	19 provide that the agreement may be cancelled as to any future
644	644	20 liability only by the professional bail company and bank
645	645	21 giving 30 days prior written notice of the cancellation to the
646	646	22 clerk of the circuit court in which the escrow agreement or
647	647	23 instrument is filed. Once a professional bail company has
648	648	24 filed an original continuous corporate surety bond or escrow
649	649	25 agreement with the circuit clerk and it has been approved by
650	650	26 the presiding circuit judge, then the professional bail
651	651	27 company does not have to file any other original continuous
652	652	Page 25 1 corporate surety bond or escrow agreement upon annual
653	653	2 recertification. The professional bail company shall submit an
654	654	3 original certificate from the insurance company which executed
655	655	4 the corporate surety bond reflecting that it is still in force
656	656	5 or an original letter from the bank stating the escrow
657	657	6 agreement is still effective and the moneys monies are still
658	658	7 held in trust. When any professional bail company is annually
659	659	8 recertifying, the circuit clerk shall send the original
660	660	9 corporate surety bond or original escrow agreement with any
661	661	10 cancellations received by the circuit clerk to the presiding
662	662	11 circuit judge for review and approval.
663	663	12 "b. Any new original corporate surety bond or escrow
664	664	13 agreement made after the effective date of the act adding this
665	665	14 paragraph, in a county with a population of 200,000 or more,
666	666	15 shall require a surety bond or escrow agreement in the amount
667	667	16 of fifty thousand dollars ($50,000). This paragraph does not
668	668	17 affect any corporate surety bond or escrow agreement made
669	669	18 before the effective date of the act adding this paragraph.
670	670	19 Current escrow agreements shall remain at twenty-five thousand
671	671	20 dollars ($25,000) for any renewal thereafter.
672	672	21 "(2) An original qualifying power of attorney,
673	673	22 letter, or other document issued by the professional bail
674	674	23 company specifying any applicable limitations and specifying
675	675	24 the agents who are authorized to execute and bind the
676	676	25 professional bail company to a bail undertaking or to
677	677	26 appearance bonds. The qualifying power of attorney, letter, or
678	678	27 other document may only name persons as agents.
679	679	Page 26 1 "(3) An original affidavit or certificate in
680	680	2 writing, under oath, executed by an owner or officer of a
681	681	3 professional bail company, to the clerk of the circuit court
682	682	4 of the county in which the professional bail company shall
683	683	5 execute or become surety on appearance bonds which contains
684	684	6 all of the following:
685	685	7 "a. That all appearance bonds shall be executed in
686	686	8 the name of the professional bail company as surety by the
687	687	9 agents listed or appointed in the qualifying power of
688	688	10 attorney, letter, or other document presented to the court or
689	689	11 any other person so named in any future qualifying powers of
690	690	12 attorney, letters, or documents filed with the circuit clerk
691	691	13 of the county.
692	692	14 "b. That the professional bail company is qualified
693	693	15 to do business in this state and its resident address.
694	694	16 "c. That the professional bail company has
695	695	17 sufficient financial net worth to satisfy its obligations as a
696	696	18 surety.
697	697	19 "d. That no person having a direct or indirect
698	698	20 financial interest in the professional bail company has been
699	699	21 convicted of a felony or a crime involving moral turpitude.
700	700	22 Notwithstanding the foregoing, if any person having a direct
701	701	23 or indirect financial interest in the bonding business has
702	702	24 been convicted of a felony or a crime involving moral
703	703	25 turpitude, then the person making the certification shall
704	704	26 certify that there has been a conviction, provide the name of
705	705	Page 27 1 the person convicted, and certify that the person convicted
706	706	2 has been pardoned or has had a restoration of civil rights.
707	707	3 "e. That the professional bail company has no
708	708	4 knowledge of any forfeiture that has been made final for more
709	709	5 than 30 days that has not been paid arising out of surety
710	710	6 undertakings and as to which the professional bail company has
711	711	7 no petitions, motions, or other litigation matters pending.
712	712	8 "f. That there are no persons, including employees,
713	713	9 agents, or persons with a financial interest in the
714	714	10 professional bail company, who, within a period of two years,
715	715	11 violated this chapter, or any rules adopted by the Supreme
716	716	12 Court governing the qualifications of professional surety or
717	717	13 bail companies.
718	718	14 "g. That no employee, agent, or any other person
719	719	15 having a direct or indirect financial interest in the
720	720	16 professional bail company is an attorney, a judicial official,
721	721	17 a person authorized to accept an appearance bond, or an agent
722	722	18 of an attorney, judicial official, or person authorized to
723	723	19 accept an appearance bond.
724	724	20 "h. The names and addresses of all officers,
725	725	21 employees, and agents of the professional bail company who
726	726	22 have a direct or indirect financial interest in the
727	727	23 professional bail company and the nature and extent of each
728	728	24 interest.
729	729	25 "§15-13-164.
730	730	26 "(a) Any person who becomes surety on any bail for a
731	731	27 defendant in this state and receives something of value or
732	732	Page 28 1 charges a fee therefor, and who is not authorized as a
733	733	2 professional surety or bail company under this chapter shall
734	734	3 be guilty of a Class A misdemeanor and, upon conviction, shall
735	735	4 be sentenced in accordance with the laws of this state for
736	736	5 such an offense.
737	737	6 "(b) Any defendant or other individual who contracts
738	738	7 with a surety or court, who provides false information to the
739	739	8 court or to the sureties on any bail bond forms or contracts,
740	740	9 shall be guilty of a Class A misdemeanor and, upon conviction,
741	741	10 shall be sentenced in accordance with the laws of this state
742	742	11 for the offense.
743	743	12 "(c) Any surety who exchanges sexual services in
744	744	13 exchange for bail bond services shall be guilty of a Class C
745	745	14 felony and, upon conviction, shall be sentenced in accordance
746	746	15 with the laws of this state for the offense."
747	747	16 Section 2. Although this bill would have as its
748	748	17 purpose or effect the requirement of a new or increased
749	749	18 expenditure of local funds, the bill is excluded from further
750	750	19 requirements and application under Amendment 621, as amended
751	751	20 by Amendment 890, now appearing as Section 111.05 of the
752	752	21 Official Recompilation of the Constitution of Alabama of 1901,
753	753	22 as amended, because the bill defines a new crime or amends the
754	754	23 definition of an existing crime.
755	755	24 Section 3. The provisions of this act are severable.
756	756	25 If any part of this act is declared invalid or
757	757	26 unconstitutional, such declaration shall not affect the part
758	758	27 which remains.
759	759	Page 29 1 Section 4. This act shall become effective on the
760	760	2 first day of the third month following its passage and
761	761	3 approval by the Governor, or its otherwise becoming law.
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