Alabama 2023 Regular Session

Alabama House Bill HB478 Compare Versions

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

Old	New	Differences
1	1	HB478INTRODUCED
2	2	Page 0
3	3	JVGXNF-1
4	4	By Representative Stringer
5	5	RFD: Judiciary
6	6	First Read: 16-May-23
7	7	2023 Regular Session
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12	12	5 JVGXNF-1 05/10/2023 KMS (L)cr 2023-2054
13	13	Page 1
14	14	SYNOPSIS:
15	15	Under existing law, the Alabama Bail Reform Act
16	16	of 1993, defines and provides for the use of bail bonds
17	17	and the duties and responsibilities of professional
18	18	bail and professional surety companies.
19	19	This bill would provide for the acceptance of
20	20	certain filing fees by the sheriff or jailer, and would
21	21	provide further for the definitions of cash bail and
22	22	property bail.
23	23	This bill would provide further for the arrest
24	24	and delivery of a defendant to jail by a surety with no
25	25	court costs to be entered on the surety, would provide
26	26	that a surety not be charged for a bondsman's process
27	27	or for a certified copy of a bond, and would require
28	28	the license number of the bondsman or recovery to be
29	29	listed on a bondsman's process form.
30	30	This bill would authorize a surety to sign for a
31	31	conditional forfeiture notice with the clerk of the
32	32	ordering court.
33	33	This bill would increase the time frame for
34	34	which the ordering court has jurisdiction over a
35	35	forfeiture action to one year.
36	36	This bill would authorize a bail bondsman to
37	37	file motions, answers, and notices relating to a
38	38	defendant who is out on bond with that bondsman.
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68	68	This bill would increase the time frames for
69	69	notice and conducting hearings in conditional
70	70	forfeiture proceedings.
71	71	This bill would remove the requirement that a
72	72	conditional judgment to set aside shall be made
73	73	absolute for the entire sum and would provide further
74	74	for instances when a court may set aside forfeiture,
75	75	may not release a defendant on judicial public bail,
76	76	and eligibility for judicial public bail.
77	77	This bill would provide further for the amount
78	78	of new corporate surety bonds and escrow agreements
79	79	required in counties with populations of 200,000 or
80	80	more.
81	81	This bill would provide further for criminal
82	82	penalties for certain unlawful behavior.
83	83	This bill would also make nonsubstantive,
84	84	technical revisions to update the existing code
85	85	language to current style.
86	86	Section 111.05 of the Constitution of Alabama of
87	87	2022, prohibits a general law whose purpose or effect
88	88	would be to require a new or increased expenditure of
89	89	local funds from becoming effective with regard to a
90	90	local governmental entity without enactment by a 2/3
91	91	vote unless: it comes within one of a number of
92	92	specified exceptions; it is approved by the affected
93	93	entity; or the Legislature appropriates funds, or
94	94	provides a local source of revenue, to the entity for
95	95	the purpose.
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125	125	The purpose or effect of this bill would be to
126	126	require a new or increased expenditure of local funds
127	127	within the meaning of the amendment. However, the bill
128	128	does not require approval of a local governmental
129	129	entity or enactment by a 2/3 vote to become effective
130	130	because it comes within one of the specified exceptions
131	131	contained in the amendment.
132	132	A BILL
133	133	TO BE ENTITLED
134	134	AN ACT
135	135	Relating to the Alabama Bail Reform Act of 1993; to
136	136	amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118,
137	137	15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134,
138	138	15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140,
139	139	15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164,
140	140	Code of Alabama 1975, to provide for the acceptance of certain
141	141	filing fees by the sheriff or jailer; to further define cash
142	142	bail and property bail; to provide further for the arrest and
143	143	delivery of a defendant to jail by a surety with no court
144	144	costs to be entered on the surety; to provide that a surety
145	145	not be charged for a bondsman's process or for a certified
146	146	copy of a bond; to require the license number of the bondsman
147	147	or recovery on a bondsman's process form; to allow a surety to
148	148	sign for a forfeiture with the clerk of the ordering court; to
149	149	increase the time frame for which the ordering court has
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179	179	jurisdiction over a forfeiture action; to authorize a bail
180	180	bondsman to file motions, answers, and notices relating to a
181	181	defendant who is out on bond with that bondsman; to increase
182	182	the time frames for providing notice and conducting hearings
183	183	in conditional forfeiture proceedings; to remove the
184	184	requirement that a conditional judgment to set aside be made
185	185	absolute for the entire sum; to provide further for instances
186	186	when a court may set aside forfeiture and may not release a
187	187	defendant on judicial public bail; to provide further for
188	188	eligibility for judicial public bail; to provide further for
189	189	the amount of new corporate surety bonds and escrow agreements
190	190	required in counties with populations of 200,000 or more; to
191	191	provide further for criminal penalties for certain unlawful
192	192	behavior; to make nonsubstantive, technical revisions to
193	193	update the existing code language to current style; and in
194	194	connection therewith would have as its purpose or effect the
195	195	requirement of a new or increased expenditure of local funds
196	196	within the meaning of Section 111.05 of the Constitution of
197	197	Alabama of 2022.
198	198	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
199	199	Section 1. Sections 15-13-107, 15-13-111, 15-13-114,
200	200	15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132,
201	201	15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139,
202	202	15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and
203	203	15-13-164 of the Code of Alabama 1975, are amended to read as
204	204	follows:
205	205	"§15-13-107
206	206	(a) Judges of any court within the State of Alabama
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236	236	state may accept, take, and approve bail within the
237	237	jurisdiction of their respective courts.
238	238	(b) Circuit, district, and municipal court clerks,
239	239	including magistrates, may accept, take, and approve bail
240	240	within the jurisdiction of their respective courts.
241	241	(c) Only judicial officers and circuit, district, and
242	242	municipal court clerks or a designee of the court may accept
243	243	and approve appeal bonds and cash bonds. Provided, however,
244	244	that any person designated by the court to receive cash bonds,
245	245	shall be bonded to receive court moneys monies and have the
246	246	written approval of their chief administrative officer. Clerks
247	247	of the courts of Alabama may delegate to their employees the
248	248	right to accept and approve appeal bonds and cash bonds.
249	249	(d) Sheriffs of the state and chiefs of police having
250	250	custody of a defendant may accept, take, and approve property
251	251	or professional surety bail. The authority may be delegated to
252	252	their deputies and officers.
253	253	(e) The judicial officers and persons in subsections
254	254	(a), (b), (c), and (d) shall accept and shall release the
255	255	defendant when bail meets the requirements as set out in
256	256	Division 10, applying to professional surety. The judicial
257	257	officers and persons in subsection (c) shall accept, approve,
258	258	and release the defendant when the bail meets the requirements
259	259	as set out in Division 9, applying to cash bail. The judicial
260	260	officers and persons in subsections (a), (b), (c), and (d) may
261	261	accept, approve, and release the defendant when the officer or
262	262	person, as designated, is of the opinion the bail meets the
263	263	requirements as set out in Division 8 of this chapter,
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293	293	applying to property bail.
294	294	(f) A sheriff or jailer may accept the filing fee
295	295	assessed under subsection (a) of Section 12-19-311, if payment
296	296	has been physically attached to the bail bond form at the time
297	297	of posting of the bail bond for the release of the defendant.
298	298	The clerks may accept business checks, cashiers checks,
299	299	certified checks, money orders, or cash. Any check or money
300	300	order shall be cashed within 90 days of receipt. "
301	301	"§15-13-111
302	302	For persons arrested and taken into custody, there
303	303	shall be four kinds of bail used in this state. No other form
304	304	of bail may be approved and accepted by any judicial officer,
305	305	court clerk, magistrate, or any other person designated to
306	306	accept and approve bail as stipulated in Division 1, Sections
307	307	15-13-100 to 15-13-110, inclusive. The four kinds of bail
308	308	shall be judicial public bail, cash bail, property bail, and
309	309	professional surety bail. Their definitions are as follows:
310	310	(1) CASH BAIL. Cash bail is when the defendant or some
311	311	person on behalf of the defendant deposits cash in an amount
312	312	equal to a part or the total sum of the bail as set by the
313	313	judicial officer to the clerk of the court having jurisdiction
314	314	over the case. Acceptance of cash bail shall conform to
315	315	Division 9.
316	316	(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
317	317	release of any defendant without any condition of an
318	318	undertaking relating to, or a deposit of, security. Such
319	319	Judicial public bail shall be granted to persons subjected to
320	320	custodial arrest only by a judicial officer having
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350	350	jurisdiction over the defendant and in accordance with the
351	351	procedures established in Division 7 of this article .
352	352	(3) PROFESSIONAL SURETY BAIL. Professional surety bail
353	353	is when a defendant is released on bail by having a
354	354	professional surety or professional bail company execute a
355	355	bond on behalf of the defendant and becoming surety on the
356	356	bail. Such Professional surety or professional bail companies
357	357	shall meet the qualification requirements of Division 10.
358	358	(4) PROPERTY BAIL. Property bail is when a defendant is
359	359	released on bail by having at least one or more real property
360	360	owners that own real property in the State of Alabama state,
361	361	execute or become bail or surety for the defendant. Such
362	362	property Real property owners shall qualify and meet
363	363	requirements applying to property bail as set out in Division
364	364	8."
365	365	"§15-13-114
366	366	The obligation of the sureties continues throughout
367	367	every stage of trial, from the time the defendant is entered
368	368	thereon until the rendition of the verdict by the jury or
369	369	judge. The finding of the defendant guilty by a jury or judge
370	370	discharges the sureties. The obligation of the sureties are
371	371	also discharged when the judge takes any of the following
372	372	actions:
373	373	(1) Sentences the defendant.
374	374	(2) Grants the prosecutor's motion to nol pros the
375	375	case.
376	376	(3) Dismisses the case.
377	377	(4) Issuance of Issues any order to the defendant to
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407	407	attend driving-under-the-influence school, mental health
408	408	counseling, mental health court, pretrial diversion, drug
409	409	court, veterans court, or any similar order of which the court
410	410	would only have had the authority to do so , if there had been
411	411	an adjudication of guilt or in cases where there has been an
412	412	adjudication of guilt .
413	413	(5) Issuance of Issues any order of restitution or
414	414	payments received from the defendant to the court for fines,
415	415	court costs, or restitution when a bail bond is posted before
416	416	a case is adjudicated .
417	417	(6) Announcement or order of Announces or orders
418	418	sentence prior to any probation determination."
419	419	"§15-13-118
420	420	After the entry of a conditional forfeiture against any
421	421	surety on an undertaking of bail, the surety may arrest the
422	422	defendant as provided in Section 15-13-117, but and the arrest
423	423	and delivery of the defendant to the authorized jail as stated
424	424	in Section 15-13-117 shall not exonerate the surety unless, in
425	425	the judgment of the court, a good and sufficient cause is
426	426	given for the failure of the defendant to appear at the time
427	427	the conditional judgement was entered ."
428	428	"§15-13-125
429	429	The clerk of the court having jurisdiction over the
430	430	defendant shall issue a bondsman's process to the sureties on
431	431	such the bail upon their request. The request may be made by
432	432	any one of the sureties. Before the issuance of the process,
433	433	the clerk shall determine if the case is still open and the
434	434	defendant and the sureties have not been discharged by law. A
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464	464	surety shall not be charged for the bondsman's process or for
465	465	a certified copy of the bond. "
466	466	"§15-13-128
467	467	The following shall be substantially the form to be
468	468	used for a bondsman's process. BONDSMAN'S PROCESS STATE OF
469	469	ALABAMA
470	470	COUNTY OF ___________.
471	471	(or)
472	472	CITY OF ______________.
473	473	WHEREAS, the Sureties on the bail of the defendant
474	474	_____, in case number _____, have expressed their desire to
475	475	surrender the defendant to the custody of _____ of (City or
476	476	County), Alabama, and such desire has been expressed to the
477	477	clerk of the _____ Court of the City/County of _____, Alabama,
478	478	and,
479	479	WHEREAS, the clerk has checked the records and case
480	480	number _____ is still pending and the defendant nor his or her
481	481	sureties have been discharged of their obligations, or the
482	482	records of case number _____ reflect that the defendant has
483	483	failed to appear on the obligation of bail as required and a
484	484	warrant has been issued for the arrest of the defendant.
485	485	NOW, THEREFORE, this document is issued, as required by
486	486	law, and the document gives the right to the Sureties
487	487	(bondsmen) to arrest the defendant, _____ at any place in the
488	488	State of Alabama, or the sureties may authorize another person
489	489	to arrest the defendant by an endorsement in writing on this
490	490	document or attached to this document and the surety or
491	491	bondsman shall forthwith, after the arrest, take the defendant
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521	521	to the _____ jail of _____, custodian thereof.
522	522	Executed this _____ day of _____, 20__.
523	523	________________ CLERK OF COURT
524	524	SEAL:
525	525	Bondsman Return
526	526	On this _____ day of ___________, 20__, I ___________
527	527	agent for ___________ surrender the above named defendant to
528	528	the ___________ jail of ___________.
529	529	Time: _____
530	530	Bondsman's or Recovery License Number: __________. "
531	531	"§15-13-131
532	532	(a) When a defendant fails to appear in court as
533	533	required by the undertaking of bail and no sufficient excuse
534	534	has been provided to the court prior to the hearing, the court
535	535	shall order a conditional forfeiture and show cause order
536	536	against the defendant and the sureties of the bail. The court
537	537	shall notify defendant and sureties of the order as set out in
538	538	this article. The defendant or sureties, or both, shall file a
539	539	written response with the clerk of the court within 28 30 days
540	540	of after the date of service of the notice why the bond should
541	541	not be forfeited. If a written response is filed within the
542	542	time allowed and the court is of the opinion the written
543	543	response is sufficient, the court shall set aside the
544	544	conditional forfeiture. If the court is of the opinion the
545	545	written response is not sufficient, the court shall set a
546	546	hearing to determine whether the bond should be forfeited. The
547	547	hearing shall not be set less than 90 120 days of after the
548	548	service of the conditional forfeiture order. If no written
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578	578	response has been filed after 28 30 days from the date of
579	579	service of the notice, the court may enter an appropriate
580	580	order or final judgment forfeiting all or part of the amount
581	581	of the bond which shall be enforceable as any civil judgment.
582	582	The court may take into consideration the circumstances
583	583	provided to the court and continue any final forfeiture
584	584	hearing to another day and time allowing the sureties more
585	585	time to apprehend the defendant.
586	586	(b) When an undertaking of bail is forfeited by the
587	587	failure of the defendant to appear as required, except when
588	588	money is deposited as cash bail, a conditional judgment shall
589	589	be rendered by the court in favor of the state or its
590	590	subdivisions, for the use of the proper city, county, or
591	591	state, against the parties to the undertaking for the sum
592	592	thereon expressed, which judgment may be substantially as
593	593	follows:
594	594	(State of or City of)Charge: _______vsCase No.
595	595	______A.B.___________ C.D.___________ E.F.
596	596	(Sureties)__________
597	597	It being known to the court that A.B., together with
598	598	(Sureties) _____ , agreed to pay the State of Alabama (or City
599	599	of _____,) _____ dollars (the sum specified in the
600	600	undertaking), unless A.B. appeared at the time and place
601	601	mentioned and fixed in the bond or undertaking to answer in
602	602	this case and A.B. having failed to appear at the time and
603	603	place mentioned in the bond or undertaking, it is therefore
604	604	ordered by the court that the State of Alabama (or City of
605	605	_____,) for the use of _____ State (or City), recover of the
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635	635	defendant and sureties on the undertakings, the sum of _____
636	636	dollars (the sum specified in the undertaking), unless they
637	637	file a written response and show cause why this judgment
638	638	should not be made absolute within 28 30 days of after the
639	639	date of service of this conditional forfeiture order.
640	640	(c) The state shall remit one-half of the funds it
641	641	receives under subsections (a) and (b) to the county in which
642	642	the defendant was charged. The funds shall be deposited into
643	643	the general fund of the county and used for the maintenance
644	644	and operation of the county jail."
645	645	"§15-13-132
646	646	A notice of the rendition of the judgment set forth in
647	647	Section 15-13-131 shall be issued by the clerk of the court
648	648	and served according to the terms as established in this
649	649	article within 90 days of the court's conditional forfeiture
650	650	order to the defendant and sureties. The notice may be in the
651	651	following form after the defendant's failure to appear in
652	652	court:
653	653	STATE OF ALABAMA_____________(or City of
654	654	___________)Defendant vs ___________ County_____________
655	655	SuretyCase No. ________________________ SuretyCharge:
656	656	___________ Conditional Forfeiture Notice To:
657	657	______________________
658	658	CourtDefendant_________________________Surety
659	659	You are hereby notified that your name appears as a
660	660	surety on the bond in the above styled case. This case was
661	661	called for trial on _______ (date) and the defendant was not
662	662	present to answer. Therefore, a conditional forfeiture of
663	663	309
664	664	310
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691	691	Page 13
692	692	_______ dollars was entered against you.
693	693	You shall file a written response within 28 30 days
694	694	after you receive this notice and show cause to the court why
695	695	this bond amount and the court cost incident to this
696	696	forfeiture should not be made final.
697	697	If no action on your part is taken 28 30 days after the
698	698	date you receive this notice, a final forfeiture may be
699	699	entered against you by the court. The sheriff shall collect
700	700	the amount of the bond and court cost from you or levy on your
701	701	property to satisfy the forfeiture case. If you file a written
702	702	response and the court is of the opinion your written response
703	703	is not sufficient to set aside the conditional forfeiture,
704	704	then the court shall set a final forfeiture hearing date and
705	705	you will be notified at the address provided on the response.
706	706	This bond forfeiture is a court case against you
707	707	separate from the defendant's criminal case. The court has
708	708	also ordered that the defendant be re-arrested in the original
709	709	case.
710	710	Date issued: ___________By ___________ Clerk "
711	711	"§15-13-134
712	712	A conditional forfeiture notice may be served by any
713	713	law enforcement officer, at the law enforcement office in the
714	714	same manner as a summons in a civil action, except that
715	715	service may not be by publication. At the law enforcement
716	716	officer's discretion and expense, the notice may be served by
717	717	certified mail, requiring a signed receipt or some equivalent
718	718	thereof. In the event the notice is served by certified mail,
719	719	return of the receipt properly signed shall be prima facie
720	720	337
721	721	338
722	722	339
723	723	340
724	724	341
725	725	342
726	726	343
727	727	344
728	728	345
729	729	346
730	730	347
731	731	348
732	732	349
733	733	350
734	734	351
735	735	352
736	736	353
737	737	354
738	738	355
739	739	356
740	740	357
741	741	358
742	742	359
743	743	360
744	744	361
745	745	362
746	746	363
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748	748	Page 14
749	749	evidence of service. A surety may sign for the forfeiture with
750	750	the clerk of the court. The notice required by this subsection
751	751	must shall be returned by the person individual serving it,
752	752	with his or her proper return endorsed thereon, within
753	753	twenty-eight 30 days of the date of issuance or within five
754	754	days of service, whichever period of time is shorter."
755	755	"§15-13-136
756	756	In forfeiture cases where the clerk of the court has
757	757	failed to issue the conditional forfeiture notice as
758	758	stipulated in Section 15-13-132 and where there has been no
759	759	service as set out in Section 15-13-134 made within 90 days of
760	760	after the order of the court defendant fails to appear as set
761	761	out in Section 15-13-131, and where the sureties have complied
762	762	with Section 15-13-133, then the sureties shall be discharged
763	763	from all liability of the bail and the conditional judgment
764	764	shall be set aside against such those sureties."
765	765	"§15-13-137
766	766	If the defendants appear and show sufficient cause for
767	767	the default to be determined by the court, the conditional
768	768	judgment shall be set aside. If the excuse is not sufficient,
769	769	or if the defendant or sureties fail to appear at the final
770	770	forfeiture hearing, the judgment shall may be made absolute
771	771	for the entire sum expressed in the undertaking, or any
772	772	portion thereof according to the circumstances."
773	773	"§15-13-138
774	774	(a) The court shall set aside the conditional
775	775	forfeiture in its entirety for the following reasons or under
776	776	the following circumstances:
777	777	365
778	778	366
779	779	367
780	780	368
781	781	369
782	782	370
783	783	371
784	784	372
785	785	373
786	786	374
787	787	375
788	788	376
789	789	377
790	790	378
791	791	379
792	792	380
793	793	381
794	794	382
795	795	383
796	796	384
797	797	385
798	798	386
799	799	387
800	800	388
801	801	389
802	802	390
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805	805	Page 15
806	806	(1) If the sureties can show that the defendant was
807	807	hospitalized at the time he or she was to appear in court, or
808	808	if the sureties can produce sufficient evidence that the
809	809	defendant was not able to attend court for reason of illness,
810	810	by producing a doctor's certificate or letter to that effect.
811	811	The hospitalization may be in or out of the State of Alabama
812	812	this state. For the sureties to take advantage of this
813	813	provision subdivision, they shall put the court on notice that
814	814	the situation exists either prior to the issuance of the
815	815	conditional forfeiture order or within 28 30 days after legal
816	816	service of the conditional forfeiture on the sureties. After
817	817	receiving notice, the court may continue the case to a future
818	818	date it deems proper and just for the defendant to appear. If
819	819	at that time the defendant is still not able to attend court
820	820	for the same reason, then it shall be the burden of the
821	821	sureties to produce the evidence within the same prescribed
822	822	time. This section shall does not bar the court from the
823	823	issuance of a bench warrant for the defendant in cases where
824	824	the court feels that documents of proof do not reflect the
825	825	truth, or where the court has reason to believe the defendant
826	826	may appear and he or she is using such the documents of proof
827	827	as an excuse to avoid appearance.
828	828	(2) If the sureties show that the defendant was
829	829	confined in jail or in the custody of another jurisdiction in
830	830	the State of Alabama this state or any other state, at the
831	831	time of his or her original appearance or on the date of the
832	832	issuance of the conditional forfeiture order, or if the surety
833	833	shows that the defendant is still confined in any jail in the
834	834	393
835	835	394
836	836	395
837	837	396
838	838	397
839	839	398
840	840	399
841	841	400
842	842	401
843	843	402
844	844	403
845	845	404
846	846	405
847	847	406
848	848	407
849	849	408
850	850	409
851	851	410
852	852	411
853	853	412
854	854	413
855	855	414
856	856	415
857	857	416
858	858	417
859	859	418
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862	862	Page 16
863	863	State of Alabama this state or any other state, or in the
864	864	custody of another jurisdiction within the State of Alabama
865	865	this state or any other state, or in the custody of another
866	866	jurisdiction within the continental United States, including
867	867	United States federal jurisdiction, the court shall set aside
868	868	the conditional forfeiture and continue the case until a time
869	869	after the end of that confinement. If the court later learns
870	870	that the defendant is free from confinement before the
871	871	confinement was supposed to end, then the court, with notice
872	872	to the sureties, may reset the case and the burden shall be on
873	873	the sureties to produce the defendant for the hearing or the
874	874	court may issue another conditional forfeiture.
875	875	(3) If the sureties show the defendant is deceased.
876	876	(4) If the sureties show the defendant was serving on
877	877	active duty in one of the military services of the United
878	878	States.
879	879	(b) If a defendant has failed to appear before the
880	880	court and the governing authorities decline to enter the
881	881	defendant into the National Crime Information Center database
882	882	on the felony charge or decline to proceed with extradition,
883	883	the surety shall be discharged. The defendant may be charged
884	884	the cost of extradition and those costs may be added to court
885	885	costs upon conviction of the defendant. "
886	886	"§15-13-139
887	887	In forfeiture cases where the sureties have paid the
888	888	amount of the forfeiture into the court or in cases where the
889	889	forfeiture has been made final or absolute and there is no
890	890	further litigation pending on the forfeiture, and the surety
891	891	421
892	892	422
893	893	423
894	894	424
895	895	425
896	896	426
897	897	427
898	898	428
899	899	429
900	900	430
901	901	431
902	902	432
903	903	433
904	904	434
905	905	435
906	906	436
907	907	437
908	908	438
909	909	439
910	910	440
911	911	441
912	912	442
913	913	443
914	914	444
915	915	445
916	916	446
917	917	447
918	918	448 HB478 INTRODUCEDHB478 INTRODUCED
919	919	Page 17
920	920	locates the defendant and causes the return of the defendant
921	921	to the custody of the court where the bond was forfeited, and
922	922	if the defendant was substantially procured by actions of the
923	923	surety, and the administration of justice has not been
924	924	thwarted nor the successful prosecution of the defendant has
925	925	been affected, then the court which ordered the forfeiture,
926	926	shall have full power and jurisdiction in all proceedings
927	927	conducted pursuant to this article and within a period of six
928	928	months one year from the date of issuance of any final
929	929	forfeiture judgment, to consider any costs to the state or its
930	930	subdivisions which resulted as a cause of the default, if any,
931	931	and upon giving consideration thereto, may, in the court's
932	932	discretion, remit the whole of the penalty of the bail, or
933	933	undertaking, or any portion thereof, which is in excess of any
934	934	costs to the state or its subdivisions, and render a new final
935	935	judgment against the sureties appearing upon the bail bond or
936	936	undertaking. In forfeiture cases, if the judgment has been
937	937	paid into the State Treasury or Municipal Treasury a municipal
938	938	treasury, the court may issue an order to the custodian of the
939	939	treasury to make a refund to the sureties."
940	940	"§15-13-140
941	941	Reasons for default shall be heard by the court on
942	942	application, at any time when not engaged in other business.
943	943	When a conditional judgment is set aside for sufficient cause,
944	944	no cost shall be imposed on the sureties. This provision
945	945	section has no application where money is deposited instead of
946	946	bail. Sureties may appear before the courts of this state or
947	947	its subdivisions to answer any "show cause order, " conditional
948	948	449
949	949	450
950	950	451
951	951	452
952	952	453
953	953	454
954	954	455
955	955	456
956	956	457
957	957	458
958	958	459
959	959	460
960	960	461
961	961	462
962	962	463
963	963	464
964	964	465
965	965	466
966	966	467
967	967	468
968	968	469
969	969	470
970	970	471
971	971	472
972	972	473
973	973	474
974	974	475
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976	976	Page 18
977	977	or final forfeiture to give any reasons for default, to
978	978	present any defense to the default, and for any other purpose
979	979	of informing the courts about information relating to the
980	980	appearance or non-appearance of the defendant on the bail of
981	981	which they are surety. If the surety is a professional surety
982	982	company or professional bail company then any agent or
983	983	representative of the professional surety company or
984	984	professional bail company may appear for the same purposes."
985	985	"§15-13-141
986	986	In all cases where a conditional forfeiture has been
987	987	made final by any court of the state or any of its
988	988	subdivisions and there has been no further action or request
989	989	filed with the court, appeal taken, application to the State
990	990	Pardons and Paroles Board, or any other litigation of which
991	991	the court has knowledge has been filed by the surety with the
992	992	court within 30 days to the clerk of the court of the entry or
993	993	order of the final judgment and the same has not been paid
994	994	within 30 days to the clerk of the court, then the clerk shall
995	995	refuse to accept and approve any bonds from the surety as
996	996	being insufficient. The clerk shall notify all persons
997	997	authorized to accept and approve bonds returnable to the court
998	998	of the action and they shall no longer accept or approve
999	999	surety on bonds until notified otherwise by the clerk. The
1000	1000	clerk shall also notify the circuit clerk of the county who
1001	1001	shall notify all other clerks of any courts in the county in
1002	1002	writing and the clerks shall refuse to accept or approve any
1003	1003	other bonds of the surety and shall notify the other
1004	1004	authorized persons having the authority to approve and accept
1005	1005	477
1006	1006	478
1007	1007	479
1008	1008	480
1009	1009	481
1010	1010	482
1011	1011	483
1012	1012	484
1013	1013	485
1014	1014	486
1015	1015	487
1016	1016	488
1017	1017	489
1018	1018	490
1019	1019	491
1020	1020	492
1021	1021	493
1022	1022	494
1023	1023	495
1024	1024	496
1025	1025	497
1026	1026	498
1027	1027	499
1028	1028	500
1029	1029	501
1030	1030	502
1031	1031	503
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1033	1033	Page 19
1034	1034	bail returnable to their courts of the action and they shall
1035	1035	no longer accept or approve the surety on bail until otherwise
1036	1036	notified by the clerk. Refusal by the clerks shall be in
1037	1037	writing and shall be known as a "clerk's revocation of
1038	1038	surety.""
1039	1039	"§15-13-145
1040	1040	Any person charged with a felony, misdemeanor, or
1041	1041	violation shall be eligible for a judicial public bail, if:
1042	1042	(1) The person is not charged with robbery, capital
1043	1043	murder, forcible sex crimes, escape, trafficking in drugs, or
1044	1044	the sale of drugs.
1045	1045	(2) The person has not been convicted of a previous
1046	1046	felony or committed a felony while being released on any form
1047	1047	of bail.
1048	1048	(3) The person is not presently under a suspended
1049	1049	sentence or on probation or parole for a previous conviction
1050	1050	on a misdemeanor or a felony.
1051	1051	(4) There is no evidence, satisfactory to the judicial
1052	1052	officer, that the person has violated a previous bail release,
1053	1053	whether it be judicial public bail, property, cash, or
1054	1054	professional surety bail , or failure to appear ."
1055	1055	"§15-13-159
1056	1056	No professional surety company shall execute or become
1057	1057	surety on any appearance bond in this state, unless it has an
1058	1058	order granting authorization to become professional surety on
1059	1059	any bail. The order granting the authorization shall be
1060	1060	reissued annually, prior to January 1 of each year, by the
1061	1061	presiding circuit judge of the county in which the company
1062	1062	505
1063	1063	506
1064	1064	507
1065	1065	508
1066	1066	509
1067	1067	510
1068	1068	511
1069	1069	512
1070	1070	513
1071	1071	514
1072	1072	515
1073	1073	516
1074	1074	517
1075	1075	518
1076	1076	519
1077	1077	520
1078	1078	521
1079	1079	522
1080	1080	523
1081	1081	524
1082	1082	525
1083	1083	526
1084	1084	527
1085	1085	528
1086	1086	529
1087	1087	530
1088	1088	531
1089	1089	532 HB478 INTRODUCEDHB478 INTRODUCED
1090	1090	Page 20
1091	1091	desires to execute bail or appearance bonds. Prior to the
1092	1092	judge's issuance of the original order and no later than
1093	1093	December 1 of each year, thereafter, professional surety
1094	1094	companies shall submit annually to the presiding circuit judge
1095	1095	the following:
1096	1096	(1) An original or certified copy of a certificate of
1097	1097	authority or certificate of compliance from the Department of
1098	1098	Insurance reflecting that the company is qualified to write a
1099	1099	bail line of insurance and that the company is in good
1100	1100	standing with the department.
1101	1101	(2) An original qualifying power of attorney issued by
1102	1102	the professional surety company, specifying any applicable
1103	1103	limitations and the names of the agents that may execute and
1104	1104	bind the company to a bail undertaking. The qualifying power
1105	1105	of attorney shall not name any company, corporation, or other
1106	1106	entity as an agent except a person as defined as a
1107	1107	professional bondsman in Division 1, Section 15-13-100 of this
1108	1108	chapter, and that person shall be an agent of the company
1109	1109	licensed with the Department of Insurance.
1110	1110	(3) A copy of the license issued by the Department of
1111	1111	Insurance of each agent who is named in or appointed by the
1112	1112	qualifying power of attorney in subdivision (2) or a letter or
1113	1113	other documentation from the department indicating that the
1114	1114	appointed agents are temporarily licensed as agents of the
1115	1115	professional surety company for those lines of insurance.
1116	1116	(4) An affidavit or certification in writing, under
1117	1117	oath, executed by a licensed agent of the professional surety
1118	1118	company who is the manager or an owner or president of a
1119	1119	533
1120	1120	534
1121	1121	535
1122	1122	536
1123	1123	537
1124	1124	538
1125	1125	539
1126	1126	540
1127	1127	541
1128	1128	542
1129	1129	543
1130	1130	544
1131	1131	545
1132	1132	546
1133	1133	547
1134	1134	548
1135	1135	549
1136	1136	550
1137	1137	551
1138	1138	552
1139	1139	553
1140	1140	554
1141	1141	555
1142	1142	556
1143	1143	557
1144	1144	558
1145	1145	559
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1147	1147	Page 21
1148	1148	corporation, company, partnership, or other entity that
1149	1149	represents the professional surety company, filed with the
1150	1150	clerk of the circuit court of each county in which the
1151	1151	professional surety company executes or becomes surety on
1152	1152	appearance bonds, stating the following:
1153	1153	a. That all appearance bonds shall be executed in the
1154	1154	name of the professional surety company as surety by the
1155	1155	agents listed or appointed in the qualifying power of attorney
1156	1156	presented to the court or any other qualifying powers of
1157	1157	attorney filed with the circuit clerk of the county.
1158	1158	b. That all agents listed or appointed in the
1159	1159	qualifying powers of attorney shall be licensed by the
1160	1160	Department of Insurance, prior to their appointments.
1161	1161	c. That any agency, company, corporation, or other
1162	1162	entity that represents the professional surety company in the
1163	1163	county, has no owners or other persons having a direct or
1164	1164	indirect financial interest in such agency, company,
1165	1165	corporation, or other entity, that have been convicted of a
1166	1166	felony or a crime involving moral turpitude. If any person
1167	1167	having a direct or indirect financial interest in such agency,
1168	1168	company, corporation, or other entity has been convicted of a
1169	1169	felony or a crime involving moral turpitude, then the
1170	1170	affidavit or certification shall certify that there has been
1171	1171	such conviction, providing the name of the person convicted,
1172	1172	and certify that the person convicted has been pardoned or has
1173	1173	had a restoration of civil rights.
1174	1174	d. That the professional surety company has no
1175	1175	knowledge of forfeitures that have been final for more than 30
1176	1176	561
1177	1177	562
1178	1178	563
1179	1179	564
1180	1180	565
1181	1181	566
1182	1182	567
1183	1183	568
1184	1184	569
1185	1185	570
1186	1186	571
1187	1187	572
1188	1188	573
1189	1189	574
1190	1190	575
1191	1191	576
1192	1192	577
1193	1193	578
1194	1194	579
1195	1195	580
1196	1196	581
1197	1197	582
1198	1198	583
1199	1199	584
1200	1200	585
1201	1201	586
1202	1202	587
1203	1203	588 HB478 INTRODUCEDHB478 INTRODUCED
1204	1204	Page 22
1205	1205	days that have not been paid to the clerk of the court arising
1206	1206	out of surety undertaking, and that the professional surety
1207	1207	company has no petitions, motions, or other litigation matters
1208	1208	pending.
1209	1209	e. That no agents of the professional surety company
1210	1210	who have the authority to execute appearance bonds in its
1211	1211	behalf or any person having a financial interest, direct or
1212	1212	indirect, in the ownership or management of any agency,
1213	1213	company, corporation, or other entity that represents the
1214	1214	professional surety company in the execution of appearance
1215	1215	bonds, is an attorney, a judicial official, a person
1216	1216	authorized to accept an appearance bond, or an agent of an
1217	1217	attorney, judicial official, or person authorized to accept an
1218	1218	appearance bond.
1219	1219	f. The names and addresses of all persons, officers,
1220	1220	employees, and agents of the agency, company, corporation, or
1221	1221	other entity that represents the professional surety company
1222	1222	becoming surety on appearance bonds who have a direct or
1223	1223	indirect financial interest in the agency, company,
1224	1224	corporation, or other entity representing the professional
1225	1225	surety company and the nature and extent of each interest.
1226	1226	g. That those persons stated in this section have not,
1227	1227	within a period of two years, violated any provisions of this
1228	1228	chapter or any rules adopted by the Supreme Court of Alabama
1229	1229	in accordance with this chapter.
1230	1230	(5) A copy of the license issued by the Alabama
1231	1231	Professional Bail Bonding Board pursuant to the Alabama Bail
1232	1232	Bond Regulatory Act, Article 8, commencing with Section
1233	1233	589
1234	1234	590
1235	1235	591
1236	1236	592
1237	1237	593
1238	1238	594
1239	1239	595
1240	1240	596
1241	1241	597
1242	1242	598
1243	1243	599
1244	1244	600
1245	1245	601
1246	1246	602
1247	1247	603
1248	1248	604
1249	1249	605
1250	1250	606
1251	1251	607
1252	1252	608
1253	1253	609
1254	1254	610
1255	1255	611
1256	1256	612
1257	1257	613
1258	1258	614
1259	1259	615
1260	1260	616 HB478 INTRODUCEDHB478 INTRODUCED
1261	1261	Page 23
1262	1262	15-13-200."
1263	1263	"§15-13-160
1264	1264	(a) No professional bail company shall execute or
1265	1265	become surety on any appearance bond in this state, unless it
1266	1266	the company has an order granting authorization to become
1267	1267	professional surety on any bail. The order granting
1268	1268	authorization shall be reissued annually prior to January 1 of
1269	1269	each year by the presiding circuit judge of the county in
1270	1270	which the company desires to execute bail or appearance bonds.
1271	1271	Prior to the judge's issuance of the original order and no
1272	1272	later than December 1 of each year, thereafter, professional
1273	1273	bail companies shall submit annually to the presiding circuit
1274	1274	judge the following:
1275	1275	(1)a. An original corporate surety bond or escrow
1276	1276	agreement, filed and approved by the presiding circuit judge
1277	1277	of the county in which the professional bail company executes
1278	1278	or becomes surety on appearance bonds, in the amount of
1279	1279	$25,000 twenty-five thousand dollars ($25,000) , guaranteeing
1280	1280	the payment of all sums of money that may become due by virtue
1281	1281	of any judgment absolute that may be rendered against the
1282	1282	professional bail company on a forfeiture entered by any court
1283	1283	in the county. Corporate surety bonds shall be executed only
1284	1284	by a surety company authorized to do business in the State of
1285	1285	Alabama this state and qualified to write bonds by the
1286	1286	Department of Insurance. The corporate surety bond shall
1287	1287	provide that it may be cancelled as to any future liability by
1288	1288	the corporate surety company or the professional bail company
1289	1289	giving 30 days prior written notice of the cancellation to the
1290	1290	617
1291	1291	618
1292	1292	619
1293	1293	620
1294	1294	621
1295	1295	622
1296	1296	623
1297	1297	624
1298	1298	625
1299	1299	626
1300	1300	627
1301	1301	628
1302	1302	629
1303	1303	630
1304	1304	631
1305	1305	632
1306	1306	633
1307	1307	634
1308	1308	635
1309	1309	636
1310	1310	637
1311	1311	638
1312	1312	639
1313	1313	640
1314	1314	641
1315	1315	642
1316	1316	643
1317	1317	644 HB478 INTRODUCEDHB478 INTRODUCED
1318	1318	Page 24
1319	1319	clerk of the circuit court in which the bond or instrument was
1320	1320	filed. A bank in the State of Alabama this state shall be a
1321	1321	party to all escrow agreements, and those agreements shall
1322	1322	provide that the agreement may be cancelled as to any future
1323	1323	liability only by the professional bail company and bank
1324	1324	giving 30 days prior written notice of the cancellation to the
1325	1325	clerk of the circuit court in which the escrow agreement or
1326	1326	instrument is filed. Once a professional bail company has
1327	1327	filed an original continuous corporate surety bond or escrow
1328	1328	agreement with the circuit clerk and it has been approved by
1329	1329	the presiding circuit judge, then the professional bail
1330	1330	company does not have to file any other original continuous
1331	1331	corporate surety bond or escrow agreement upon annual
1332	1332	recertification. The professional bail company shall submit an
1333	1333	original certificate from the insurance company which executed
1334	1334	the corporate surety bond reflecting that it is still in force
1335	1335	or an original letter from the bank stating the escrow
1336	1336	agreement is still effective and the moneys monies are still
1337	1337	held in trust. When any professional bail company is annually
1338	1338	recertifying, the circuit clerk shall send the original
1339	1339	corporate surety bond or original escrow agreement with any
1340	1340	cancellations received by the circuit clerk to the presiding
1341	1341	circuit judge for review and approval.
1342	1342	b. Any new original corporate surety bond or escrow
1343	1343	agreement made after the effective date of the act adding this
1344	1344	paragraph, in a county with a population of 200,000 or more,
1345	1345	shall require a surety bond or escrow agreement in the amount
1346	1346	of fifty thousand dollars ($50,000). This paragraph does not
1347	1347	645
1348	1348	646
1349	1349	647
1350	1350	648
1351	1351	649
1352	1352	650
1353	1353	651
1354	1354	652
1355	1355	653
1356	1356	654
1357	1357	655
1358	1358	656
1359	1359	657
1360	1360	658
1361	1361	659
1362	1362	660
1363	1363	661
1364	1364	662
1365	1365	663
1366	1366	664
1367	1367	665
1368	1368	666
1369	1369	667
1370	1370	668
1371	1371	669
1372	1372	670
1373	1373	671
1374	1374	672 HB478 INTRODUCEDHB478 INTRODUCED
1375	1375	Page 25
1376	1376	affect any corporate surety bond or escrow agreement made
1377	1377	before the effective date of the act adding this paragraph.
1378	1378	Current escrow agreements and corporate surety bonds shall
1379	1379	remain at twenty-five thousand dollars ($25,000) for any
1380	1380	renewal thereafter.
1381	1381	(2) An original qualifying power of attorney, letter,
1382	1382	or other document issued by the professional bail company
1383	1383	specifying any applicable limitations and specifying the
1384	1384	agents who are authorized to execute and bind the professional
1385	1385	bail company to a bail undertaking or to appearance bonds. The
1386	1386	qualifying power of attorney, letter, or other document may
1387	1387	only name persons as agents.
1388	1388	(3) An original affidavit or certificate in writing,
1389	1389	under oath, executed by an owner or officer of a professional
1390	1390	bail company, to the clerk of the circuit court of the county
1391	1391	in which the professional bail company shall execute or become
1392	1392	surety on appearance bonds which contains all of the
1393	1393	following:
1394	1394	a. That all appearance bonds shall be executed in the
1395	1395	name of the professional bail company as surety by the agents
1396	1396	listed or appointed in the qualifying power of attorney,
1397	1397	letter, or other document presented to the court or any other
1398	1398	person so named in any future qualifying powers of attorney,
1399	1399	letters, or documents filed with the circuit clerk of the
1400	1400	county.
1401	1401	b. That the professional bail company is qualified to
1402	1402	do business in this state and its resident address.
1403	1403	c. That the professional bail company has sufficient
1404	1404	673
1405	1405	674
1406	1406	675
1407	1407	676
1408	1408	677
1409	1409	678
1410	1410	679
1411	1411	680
1412	1412	681
1413	1413	682
1414	1414	683
1415	1415	684
1416	1416	685
1417	1417	686
1418	1418	687
1419	1419	688
1420	1420	689
1421	1421	690
1422	1422	691
1423	1423	692
1424	1424	693
1425	1425	694
1426	1426	695
1427	1427	696
1428	1428	697
1429	1429	698
1430	1430	699
1431	1431	700 HB478 INTRODUCEDHB478 INTRODUCED
1432	1432	Page 26
1433	1433	financial net worth to satisfy its obligations as a surety.
1434	1434	d. That no person having a direct or indirect financial
1435	1435	interest in the professional bail company has been convicted
1436	1436	of a felony or a crime involving moral turpitude.
1437	1437	Notwithstanding the foregoing, if any person having a direct
1438	1438	or indirect financial interest in the bonding business has
1439	1439	been convicted of a felony or a crime involving moral
1440	1440	turpitude, then the person making the certification shall
1441	1441	certify that there has been a conviction, provide the name of
1442	1442	the person convicted, and certify that the person convicted
1443	1443	has been pardoned or has had a restoration of civil rights.
1444	1444	e. That the professional bail company has no knowledge
1445	1445	of any forfeiture that has been made final for more than 30
1446	1446	days that has not been paid arising out of surety undertakings
1447	1447	and as to which the professional bail company has no
1448	1448	petitions, motions, or other litigation matters pending.
1449	1449	f. That there are no persons, including employees,
1450	1450	agents, or persons with a financial interest in the
1451	1451	professional bail company, who, within a period of two years,
1452	1452	violated this chapter, or any rules adopted by the Supreme
1453	1453	Court governing the qualifications of professional surety or
1454	1454	bail companies.
1455	1455	g. That no employee, agent, or any other person having
1456	1456	a direct or indirect financial interest in the professional
1457	1457	bail company is an attorney, a judicial official, a person
1458	1458	authorized to accept an appearance bond, or an agent of an
1459	1459	attorney, judicial official, or person authorized to accept an
1460	1460	appearance bond.
1461	1461	701
1462	1462	702
1463	1463	703
1464	1464	704
1465	1465	705
1466	1466	706
1467	1467	707
1468	1468	708
1469	1469	709
1470	1470	710
1471	1471	711
1472	1472	712
1473	1473	713
1474	1474	714
1475	1475	715
1476	1476	716
1477	1477	717
1478	1478	718
1479	1479	719
1480	1480	720
1481	1481	721
1482	1482	722
1483	1483	723
1484	1484	724
1485	1485	725
1486	1486	726
1487	1487	727
1488	1488	728 HB478 INTRODUCEDHB478 INTRODUCED
1489	1489	Page 27
1490	1490	h. The names and addresses of all officers, employees,
1491	1491	and agents of the professional bail company who have a direct
1492	1492	or indirect financial interest in the professional bail
1493	1493	company and the nature and extent of each interest.
1494	1494	(b) A professional bondsman may not own a professional
1495	1495	bail company until he or she has been licensed as a
1496	1496	professional bondsman for at least three years.
1497	1497	(c) If the owner of a professional bail company dies or
1498	1498	becomes completely incapacitated, as determined by the board,
1499	1499	his or her professional bail company may be sold to an
1500	1500	unlicensed individual. The unlicensed individual shall have 90
1501	1501	calendar days to obtain a license. "
1502	1502	"§15-13-164
1503	1503	(a) Any person who becomes surety on any bail for a
1504	1504	defendant in this state and receives something of value or
1505	1505	charges a fee therefor, and who is not authorized as a
1506	1506	professional surety or bail company under this chapter shall
1507	1507	be guilty of a Class A misdemeanor and, upon conviction, shall
1508	1508	be sentenced in accordance with the laws of this state for
1509	1509	such an offense.
1510	1510	(b) Any defendant or other individual who contracts
1511	1511	with a surety or court, who provides false information to the
1512	1512	court or to the sureties on any bail bond forms or contracts,
1513	1513	shall be guilty of a Class A misdemeanor and, upon conviction,
1514	1514	shall be sentenced in accordance with the laws of this state
1515	1515	for the offense.
1516	1516	(c) Any surety who exchanges sexual services in
1517	1517	exchange for bail bond services shall be guilty of a Class C
1518	1518	729
1519	1519	730
1520	1520	731
1521	1521	732
1522	1522	733
1523	1523	734
1524	1524	735
1525	1525	736
1526	1526	737
1527	1527	738
1528	1528	739
1529	1529	740
1530	1530	741
1531	1531	742
1532	1532	743
1533	1533	744
1534	1534	745
1535	1535	746
1536	1536	747
1537	1537	748
1538	1538	749
1539	1539	750
1540	1540	751
1541	1541	752
1542	1542	753
1543	1543	754
1544	1544	755
1545	1545	756 HB478 INTRODUCEDHB478 INTRODUCED
1546	1546	Page 28
1547	1547	felony and, upon conviction, shall be sentenced in accordance
1548	1548	with the laws of this state for the offense. "
1549	1549	Section 2. Although this bill would have as its purpose
1550	1550	or effect the requirement of a new or increased expenditure of
1551	1551	local funds, the bill is excluded from further requirements
1552	1552	and application under Section 111.05 of the Constitution of
1553	1553	Alabama of 2022, because the bill defines a new crime or
1554	1554	amends the definition of an existing crime.
1555	1555	Section 3. The provisions of this act are severable. If
1556	1556	any part of this act is declared invalid or unconstitutional,
1557	1557	such declaration shall not affect the part which remains.
1558	1558	Section 4. This act shall become effective on the first
1559	1559	day of the third month following its passage and approval by
1560	1560	the Governor, or its otherwise becoming law.
1561	1561	757
1562	1562	758
1563	1563	759
1564	1564	760
1565	1565	761
1566	1566	762
1567	1567	763
1568	1568	764
1569	1569	765
1570	1570	766
1571	1571	767
1572	1572	768
1573	1573	769
1574	1574	770