Alabama House Bill HB478

Alabama 2023 Regular Session

• Introduced: 5/16/23
• Refer: 5/16/23

Caption

Relating to the Alabama Bail Reform Act of 1993; to amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to provide for the acceptance of certain filing fees by the sheriff or jailer; to further define cash bail and property bail; to provide further for the arrest and delivery of a defendant to jail by a surety with no court costs to be entered on the surety; to provide that a surety not be charged for a bondsman's process or for a certified copy of a bond; to require the license number of the bondsman or recovery on a bondsman's process form; to allow a surety to sign for a forfeiture with the clerk of the ordering court; to increase the time frame for which the ordering court has jurisdiction over a forfeiture action; to authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman; to increase the time frames for providing notice and conducting hearings in conditional forfeiture proceedings; to remove the requirement that a conditional judgment to set aside be made absolute for the entire sum; to provide further for instances when a court may set aside forfeiture and may not release a defendant on judicial public bail; to provide further for eligibility for judicial public bail; to provide further for the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more; to provide further for criminal penalties for certain unlawful behavior; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Impact

If enacted, HB478 is expected to enhance operational efficiency within the bail process by offering clear guidelines for the acceptance of bail by court officials. It increases the time frames within which judicial actions must be taken regarding conditional forfeiture cases, thereby reducing ambiguity in the bail process. The modifications in bond amounts required in larger counties reflect an effort to adapt the bail system to varying local needs.

Summary

House Bill 478 aims to amend the Alabama Bail Reform Act of 1993 by updating regulations related to the acceptance and processing of bail bonds. The bill provides for several changes including the acceptance of certain filing fees by sheriffs or jailers, and revises the definitions of cash bail and property bail. Notably, it introduces new provisions that clarify the responsibilities of bail bondsmen and establish timelines for actions related to bail forfeitures.

Contention

While supporters argue that these amendments will simplify the existing bail procedures and ensure fairer outcomes for defendants, critics raise concerns about potential increased costs for local governments. Furthermore, there is apprehension regarding the impact on defendants who may not be able to meet the new bail requirements, particularly in economically disadvantaged areas. The requirement for new corporate surety bonds and escrow agreements in populous counties could lead to heightened scrutiny of local bail practices, potentially affecting access to bail for specific groups.