HB478INTRODUCED
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JVGXNF-1
By Representative Stringer
RFD: Judiciary
First Read: 16-May-23
2023 Regular Session
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SYNOPSIS:
Under existing law, the Alabama Bail Reform Act
of 1993, defines and provides for the use of bail bonds
and the duties and responsibilities of professional
bail and professional surety companies.
This bill would provide for the acceptance of
certain filing fees by the sheriff or jailer, and would
provide further for the definitions of cash bail and
property bail.
This bill would 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, would provide
that a surety not be charged for a bondsman's process
or for a certified copy of a bond, and would require
the license number of the bondsman or recovery to be
listed on a bondsman's process form.
This bill would authorize a surety to sign for a
conditional forfeiture notice with the clerk of the
ordering court.
This bill would increase the time frame for
which the ordering court has jurisdiction over a
forfeiture action to one year.
This bill would authorize a bail bondsman to
file motions, answers, and notices relating to a
defendant who is out on bond with that bondsman.
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This bill would increase the time frames for
notice and conducting hearings in conditional
forfeiture proceedings.
This bill would remove the requirement that a
conditional judgment to set aside shall be made
absolute for the entire sum and would provide further
for instances when a court may set aside forfeiture,
may not release a defendant on judicial public bail,
and eligibility for judicial public bail.
This bill would provide further for the amount
of new corporate surety bonds and escrow agreements
required in counties with populations of 200,000 or
more.
This bill would provide further for criminal
penalties for certain unlawful behavior.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
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The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
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
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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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. 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 of the Code of Alabama 1975, are amended to read as
follows:
"§15-13-107
(a) Judges of any court within the State of Alabama
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state may accept, take, and approve bail within the
jurisdiction of their respective courts.
(b) Circuit, district, and municipal court clerks,
including magistrates, may accept, take, and approve bail
within the jurisdiction of their respective courts.
(c) Only judicial officers and circuit, district, and
municipal court clerks or a designee of the court may accept
and approve appeal bonds and cash bonds. Provided, however,
that any person designated by the court to receive cash bonds,
shall be bonded to receive court moneys monies and have the
written approval of their chief administrative officer. Clerks
of the courts of Alabama may delegate to their employees the
right to accept and approve appeal bonds and cash bonds.
(d) Sheriffs of the state and chiefs of police having
custody of a defendant may accept, take, and approve property
or professional surety bail. The authority may be delegated to
their deputies and officers.
(e) The judicial officers and persons in subsections
(a), (b), (c), and (d) shall accept and shall release the
defendant when bail meets the requirements as set out in
Division 10, applying to professional surety. The judicial
officers and persons in subsection (c) shall accept, approve,
and release the defendant when the bail meets the requirements
as set out in Division 9, applying to cash bail. The judicial
officers and persons in subsections (a), (b), (c), and (d) may
accept, approve, and release the defendant when the officer or
person, as designated, is of the opinion the bail meets the
requirements as set out in Division 8 of this chapter,
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applying to property bail.
(f) A sheriff or jailer may accept the filing fee
assessed under subsection (a) of Section 12-19-311, if payment
has been physically attached to the bail bond form at the time
of posting of the bail bond for the release of the defendant.
The clerks may accept business checks, cashiers checks,
certified checks, money orders, or cash. Any check or money
order shall be cashed within 90 days of receipt. "
"§15-13-111
For persons arrested and taken into custody, there
shall be four kinds of bail used in this state. No other form
of bail may be approved and accepted by any judicial officer,
court clerk, magistrate, or any other person designated to
accept and approve bail as stipulated in Division 1, Sections
15-13-100 to 15-13-110, inclusive. The four kinds of bail
shall be judicial public bail, cash bail, property bail, and
professional surety bail. Their definitions are as follows:
(1) CASH BAIL. Cash bail is when the defendant or some
person on behalf of the defendant deposits cash in an amount
equal to a part or the total sum of the bail as set by the
judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to
Division 9.
(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
release of any defendant without any condition of an
undertaking relating to, or a deposit of, security. Such
Judicial public bail shall be granted to persons subjected to
custodial arrest only by a judicial officer having
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jurisdiction over the defendant and in accordance with the
procedures established in Division 7 of this article .
(3) PROFESSIONAL SURETY BAIL. Professional surety bail
is when a defendant is released on bail by having a
professional surety or professional bail company execute a
bond on behalf of the defendant and becoming surety on the
bail. Such Professional surety or professional bail companies
shall meet the qualification requirements of Division 10.
(4) PROPERTY BAIL. Property bail is when a defendant is
released on bail by having at least one or more real property
owners that own real property in the State of Alabama state,
execute or become bail or surety for the defendant. Such
property Real property owners shall qualify and meet
requirements applying to property bail as set out in Division
8."
"§15-13-114
The obligation of the sureties continues throughout
every stage of trial, from the time the defendant is entered
thereon until the rendition of the verdict by the jury or
judge. The finding of the defendant guilty by a jury or judge
discharges the sureties. The obligation of the sureties are
also discharged when the judge takes any of the following
actions:
(1) Sentences the defendant.
(2) Grants the prosecutor's motion to nol pros the
case.
(3) Dismisses the case.
(4) Issuance of Issues any order to the defendant to
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attend driving-under-the-influence school, mental health
counseling, mental health court, pretrial diversion, drug
court, veterans court, or any similar order of which the court
would only have had the authority to do so , if there had been
an adjudication of guilt or in cases where there has been an
adjudication of guilt .
(5) Issuance of Issues any order of restitution or
payments received from the defendant to the court for fines,
court costs, or restitution when a bail bond is posted before
a case is adjudicated .
(6) Announcement or order of Announces or orders
sentence prior to any probation determination."
"§15-13-118
After the entry of a conditional forfeiture against any
surety on an undertaking of bail, the surety may arrest the
defendant as provided in Section 15-13-117, but and the arrest
and delivery of the defendant to the authorized jail as stated
in Section 15-13-117 shall not exonerate the surety unless, in
the judgment of the court, a good and sufficient cause is
given for the failure of the defendant to appear at the time
the conditional judgement was entered ."
"§15-13-125
The clerk of the court having jurisdiction over the
defendant shall issue a bondsman's process to the sureties on
such the bail upon their request. The request may be made by
any one of the sureties. Before the issuance of the process,
the clerk shall determine if the case is still open and the
defendant and the sureties have not been discharged by law. A
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surety shall not be charged for the bondsman's process or for
a certified copy of the bond. "
"§15-13-128
The following shall be substantially the form to be
used for a bondsman's process. BONDSMAN'S PROCESS STATE OF
ALABAMA
COUNTY OF ___________.
(or)
CITY OF ______________.
WHEREAS, the Sureties on the bail of the defendant
_____, in case number _____, have expressed their desire to
surrender the defendant to the custody of _____ of (City or
County), Alabama, and such desire has been expressed to the
clerk of the _____ Court of the City/County of _____, Alabama,
and,
WHEREAS, the clerk has checked the records and case
number _____ is still pending and the defendant nor his or her
sureties have been discharged of their obligations, or the
records of case number _____ reflect that the defendant has
failed to appear on the obligation of bail as required and a
warrant has been issued for the arrest of the defendant.
NOW, THEREFORE, this document is issued, as required by
law, and the document gives the right to the Sureties
(bondsmen) to arrest the defendant, _____ at any place in the
State of Alabama, or the sureties may authorize another person
to arrest the defendant by an endorsement in writing on this
document or attached to this document and the surety or
bondsman shall forthwith, after the arrest, take the defendant
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to the _____ jail of _____, custodian thereof.
Executed this _____ day of _____, 20__.
________________ CLERK OF COURT
SEAL:
Bondsman Return
On this _____ day of ___________, 20__, I ___________
agent for ___________ surrender the above named defendant to
the ___________ jail of ___________.
Time: _____
Bondsman's or Recovery License Number: __________. "
"§15-13-131
(a) When a defendant fails to appear in court as
required by the undertaking of bail and no sufficient excuse
has been provided to the court prior to the hearing, the court
shall order a conditional forfeiture and show cause order
against the defendant and the sureties of the bail. The court
shall notify defendant and sureties of the order as set out in
this article. The defendant or sureties, or both, shall file a
written response with the clerk of the court within 28 30 days
of after the date of service of the notice why the bond should
not be forfeited. If a written response is filed within the
time allowed and the court is of the opinion the written
response is sufficient, the court shall set aside the
conditional forfeiture. If the court is of the opinion the
written response is not sufficient, the court shall set a
hearing to determine whether the bond should be forfeited. The
hearing shall not be set less than 90 120 days of after the
service of the conditional forfeiture order. If no written
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response has been filed after 28 30 days from the date of
service of the notice, the court may enter an appropriate
order or final judgment forfeiting all or part of the amount
of the bond which shall be enforceable as any civil judgment.
The court may take into consideration the circumstances
provided to the court and continue any final forfeiture
hearing to another day and time allowing the sureties more
time to apprehend the defendant.
(b) When an undertaking of bail is forfeited by the
failure of the defendant to appear as required, except when
money is deposited as cash bail, a conditional judgment shall
be rendered by the court in favor of the state or its
subdivisions, for the use of the proper city, county, or
state, against the parties to the undertaking for the sum
thereon expressed, which judgment may be substantially as
follows:
(State of or City of)Charge: _______vsCase No.
______A.B.___________ C.D.___________ E.F.
(Sureties)__________
It being known to the court that A.B., together with
(Sureties) _____ , agreed to pay the State of Alabama (or City
of _____,) _____ dollars (the sum specified in the
undertaking), unless A.B. appeared at the time and place
mentioned and fixed in the bond or undertaking to answer in
this case and A.B. having failed to appear at the time and
place mentioned in the bond or undertaking, it is therefore
ordered by the court that the State of Alabama (or City of
_____,) for the use of _____ State (or City), recover of the
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defendant and sureties on the undertakings, the sum of _____
dollars (the sum specified in the undertaking), unless they
file a written response and show cause why this judgment
should not be made absolute within 28 30 days of after the
date of service of this conditional forfeiture order.
(c) The state shall remit one-half of the funds it
receives under subsections (a) and (b) to the county in which
the defendant was charged. The funds shall be deposited into
the general fund of the county and used for the maintenance
and operation of the county jail."
"§15-13-132
A notice of the rendition of the judgment set forth in
Section 15-13-131 shall be issued by the clerk of the court
and served according to the terms as established in this
article within 90 days of the court's conditional forfeiture
order to the defendant and sureties. The notice may be in the
following form after the defendant's failure to appear in
court:
STATE OF ALABAMA_____________(or City of
___________)Defendant vs ___________ County_____________
SuretyCase No. ________________________ SuretyCharge:
___________ Conditional Forfeiture Notice To:
______________________
CourtDefendant_________________________Surety
You are hereby notified that your name appears as a
surety on the bond in the above styled case. This case was
called for trial on _______ (date) and the defendant was not
present to answer. Therefore, a conditional forfeiture of
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_______ dollars was entered against you.
You shall file a written response within 28 30 days
after you receive this notice and show cause to the court why
this bond amount and the court cost incident to this
forfeiture should not be made final.
If no action on your part is taken 28 30 days after the
date you receive this notice, a final forfeiture may be
entered against you by the court. The sheriff shall collect
the amount of the bond and court cost from you or levy on your
property to satisfy the forfeiture case. If you file a written
response and the court is of the opinion your written response
is not sufficient to set aside the conditional forfeiture,
then the court shall set a final forfeiture hearing date and
you will be notified at the address provided on the response.
This bond forfeiture is a court case against you
separate from the defendant's criminal case. The court has
also ordered that the defendant be re-arrested in the original
case.
Date issued: ___________By ___________ Clerk "
"§15-13-134
A conditional forfeiture notice may be served by any
law enforcement officer, at the law enforcement office in the
same manner as a summons in a civil action, except that
service may not be by publication. At the law enforcement
officer's discretion and expense, the notice may be served by
certified mail, requiring a signed receipt or some equivalent
thereof. In the event the notice is served by certified mail,
return of the receipt properly signed shall be prima facie
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evidence of service. A surety may sign for the forfeiture with
the clerk of the court. The notice required by this subsection
must shall be returned by the person individual serving it,
with his or her proper return endorsed thereon, within
twenty-eight 30 days of the date of issuance or within five
days of service, whichever period of time is shorter."
"§15-13-136
In forfeiture cases where the clerk of the court has
failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no
service as set out in Section 15-13-134 made within 90 days of
after the order of the court defendant fails to appear as set
out in Section 15-13-131, and where the sureties have complied
with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment
shall be set aside against such those sureties."
"§15-13-137
If the defendants appear and show sufficient cause for
the default to be determined by the court, the conditional
judgment shall be set aside. If the excuse is not sufficient,
or if the defendant or sureties fail to appear at the final
forfeiture hearing, the judgment shall may be made absolute
for the entire sum expressed in the undertaking, or any
portion thereof according to the circumstances."
"§15-13-138
(a) The court shall set aside the conditional
forfeiture in its entirety for the following reasons or under
the following circumstances:
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(1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or
if the sureties can produce sufficient evidence that the
defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect.
The hospitalization may be in or out of the State of Alabama
this state. For the sureties to take advantage of this
provision subdivision, they shall put the court on notice that
the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 30 days after legal
service of the conditional forfeiture on the sureties. After
receiving notice, the court may continue the case to a future
date it deems proper and just for the defendant to appear. If
at that time the defendant is still not able to attend court
for the same reason, then it shall be the burden of the
sureties to produce the evidence within the same prescribed
time. This section shall does not bar the court from the
issuance of a bench warrant for the defendant in cases where
the court feels that documents of proof do not reflect the
truth, or where the court has reason to believe the defendant
may appear and he or she is using such the documents of proof
as an excuse to avoid appearance.
(2) If the sureties show that the defendant was
confined in jail or in the custody of another jurisdiction in
the State of Alabama this state or any other state, at the
time of his or her original appearance or on the date of the
issuance of the conditional forfeiture order, or if the surety
shows that the defendant is still confined in any jail in the
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State of Alabama this state or any other state, or in the
custody of another jurisdiction within the State of Alabama
this state or any other state, or in the custody of another
jurisdiction within the continental United States, including
United States federal jurisdiction, the court shall set aside
the conditional forfeiture and continue the case until a time
after the end of that confinement. If the court later learns
that the defendant is free from confinement before the
confinement was supposed to end, then the court, with notice
to the sureties, may reset the case and the burden shall be on
the sureties to produce the defendant for the hearing or the
court may issue another conditional forfeiture.
(3) If the sureties show the defendant is deceased.
(4) If the sureties show the defendant was serving on
active duty in one of the military services of the United
States.
(b) If a defendant has failed to appear before the
court and the governing authorities decline to enter the
defendant into the National Crime Information Center database
on the felony charge or decline to proceed with extradition,
the surety shall be discharged. The defendant may be charged
the cost of extradition and those costs may be added to court
costs upon conviction of the defendant. "
"§15-13-139
In forfeiture cases where the sureties have paid the
amount of the forfeiture into the court or in cases where the
forfeiture has been made final or absolute and there is no
further litigation pending on the forfeiture, and the surety
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locates the defendant and causes the return of the defendant
to the custody of the court where the bond was forfeited, and
if the defendant was substantially procured by actions of the
surety, and the administration of justice has not been
thwarted nor the successful prosecution of the defendant has
been affected, then the court which ordered the forfeiture,
shall have full power and jurisdiction in all proceedings
conducted pursuant to this article and within a period of six
months one year from the date of issuance of any final
forfeiture judgment, to consider any costs to the state or its
subdivisions which resulted as a cause of the default, if any,
and upon giving consideration thereto, may, in the court's
discretion, remit the whole of the penalty of the bail, or
undertaking, or any portion thereof, which is in excess of any
costs to the state or its subdivisions, and render a new final
judgment against the sureties appearing upon the bail bond or
undertaking. In forfeiture cases, if the judgment has been
paid into the State Treasury or Municipal Treasury a municipal
treasury, the court may issue an order to the custodian of the
treasury to make a refund to the sureties."
"§15-13-140
Reasons for default shall be heard by the court on
application, at any time when not engaged in other business.
When a conditional judgment is set aside for sufficient cause,
no cost shall be imposed on the sureties. This provision
section has no application where money is deposited instead of
bail. Sureties may appear before the courts of this state or
its subdivisions to answer any "show cause order, " conditional
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or final forfeiture to give any reasons for default, to
present any defense to the default, and for any other purpose
of informing the courts about information relating to the
appearance or non-appearance of the defendant on the bail of
which they are surety. If the surety is a professional surety
company or professional bail company then any agent or
representative of the professional surety company or
professional bail company may appear for the same purposes."
"§15-13-141
In all cases where a conditional forfeiture has been
made final by any court of the state or any of its
subdivisions and there has been no further action or request
filed with the court, appeal taken, application to the State
Pardons and Paroles Board, or any other litigation of which
the court has knowledge has been filed by the surety with the
court within 30 days to the clerk of the court of the entry or
order of the final judgment and the same has not been paid
within 30 days to the clerk of the court, then the clerk shall
refuse to accept and approve any bonds from the surety as
being insufficient. The clerk shall notify all persons
authorized to accept and approve bonds returnable to the court
of the action and they shall no longer accept or approve
surety on bonds until notified otherwise by the clerk. The
clerk shall also notify the circuit clerk of the county who
shall notify all other clerks of any courts in the county in
writing and the clerks shall refuse to accept or approve any
other bonds of the surety and shall notify the other
authorized persons having the authority to approve and accept
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bail returnable to their courts of the action and they shall
no longer accept or approve the surety on bail until otherwise
notified by the clerk. Refusal by the clerks shall be in
writing and shall be known as a "clerk's revocation of
surety.""
"§15-13-145
Any person charged with a felony, misdemeanor, or
violation shall be eligible for a judicial public bail, if:
(1) The person is not charged with robbery, capital
murder, forcible sex crimes, escape, trafficking in drugs, or
the sale of drugs.
(2) The person has not been convicted of a previous
felony or committed a felony while being released on any form
of bail.
(3) The person is not presently under a suspended
sentence or on probation or parole for a previous conviction
on a misdemeanor or a felony.
(4) There is no evidence, satisfactory to the judicial
officer, that the person has violated a previous bail release,
whether it be judicial public bail, property, cash, or
professional surety bail , or failure to appear ."
"§15-13-159
No professional surety company shall execute or become
surety on any appearance bond in this state, unless it has an
order granting authorization to become professional surety on
any bail. The order granting the authorization shall be
reissued annually, prior to January 1 of each year, by the
presiding circuit judge of the county in which the company
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desires to execute bail or appearance bonds. Prior to the
judge's issuance of the original order and no later than
December 1 of each year, thereafter, professional surety
companies shall submit annually to the presiding circuit judge
the following:
(1) An original or certified copy of a certificate of
authority or certificate of compliance from the Department of
Insurance reflecting that the company is qualified to write a
bail line of insurance and that the company is in good
standing with the department.
(2) An original qualifying power of attorney issued by
the professional surety company, specifying any applicable
limitations and the names of the agents that may execute and
bind the company to a bail undertaking. The qualifying power
of attorney shall not name any company, corporation, or other
entity as an agent except a person as defined as a
professional bondsman in Division 1, Section 15-13-100 of this
chapter, and that person shall be an agent of the company
licensed with the Department of Insurance.
(3) A copy of the license issued by the Department of
Insurance of each agent who is named in or appointed by the
qualifying power of attorney in subdivision (2) or a letter or
other documentation from the department indicating that the
appointed agents are temporarily licensed as agents of the
professional surety company for those lines of insurance.
(4) An affidavit or certification in writing, under
oath, executed by a licensed agent of the professional surety
company who is the manager or an owner or president of a
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corporation, company, partnership, or other entity that
represents the professional surety company, filed with the
clerk of the circuit court of each county in which the
professional surety company executes or becomes surety on
appearance bonds, stating the following:
a. That all appearance bonds shall be executed in the
name of the professional surety company as surety by the
agents listed or appointed in the qualifying power of attorney
presented to the court or any other qualifying powers of
attorney filed with the circuit clerk of the county.
b. That all agents listed or appointed in the
qualifying powers of attorney shall be licensed by the
Department of Insurance, prior to their appointments.
c. That any agency, company, corporation, or other
entity that represents the professional surety company in the
county, has no owners or other persons having a direct or
indirect financial interest in such agency, company,
corporation, or other entity, that have been convicted of a
felony or a crime involving moral turpitude. If any person
having a direct or indirect financial interest in such agency,
company, corporation, or other entity has been convicted of a
felony or a crime involving moral turpitude, then the
affidavit or certification shall certify that there has been
such conviction, providing the name of the person convicted,
and certify that the person convicted has been pardoned or has
had a restoration of civil rights.
d. That the professional surety company has no
knowledge of forfeitures that have been final for more than 30
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days that have not been paid to the clerk of the court arising
out of surety undertaking, and that the professional surety
company has no petitions, motions, or other litigation matters
pending.
e. That no agents of the professional surety company
who have the authority to execute appearance bonds in its
behalf or any person having a financial interest, direct or
indirect, in the ownership or management of any agency,
company, corporation, or other entity that represents the
professional surety company in the execution of appearance
bonds, is an attorney, a judicial official, a person
authorized to accept an appearance bond, or an agent of an
attorney, judicial official, or person authorized to accept an
appearance bond.
f. The names and addresses of all persons, officers,
employees, and agents of the agency, company, corporation, or
other entity that represents the professional surety company
becoming surety on appearance bonds who have a direct or
indirect financial interest in the agency, company,
corporation, or other entity representing the professional
surety company and the nature and extent of each interest.
g. That those persons stated in this section have not,
within a period of two years, violated any provisions of this
chapter or any rules adopted by the Supreme Court of Alabama
in accordance with this chapter.
(5) A copy of the license issued by the Alabama
Professional Bail Bonding Board pursuant to the Alabama Bail
Bond Regulatory Act, Article 8, commencing with Section
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15-13-200."
"§15-13-160
(a) No professional bail company shall execute or
become surety on any appearance bond in this state, unless it
the company has an order granting authorization to become
professional surety on any bail. The order granting
authorization shall be reissued annually prior to January 1 of
each year by the presiding circuit judge of the county in
which the company desires to execute bail or appearance bonds.
Prior to the judge's issuance of the original order and no
later than December 1 of each year, thereafter, professional
bail companies shall submit annually to the presiding circuit
judge the following:
(1)a. An original corporate surety bond or escrow
agreement, filed and approved by the presiding circuit judge
of the county in which the professional bail company executes
or becomes surety on appearance bonds, in the amount of
$25,000 twenty-five thousand dollars ($25,000) , guaranteeing
the payment of all sums of money that may become due by virtue
of any judgment absolute that may be rendered against the
professional bail company on a forfeiture entered by any court
in the county. Corporate surety bonds shall be executed only
by a surety company authorized to do business in the State of
Alabama this state and qualified to write bonds by the
Department of Insurance. The corporate surety bond shall
provide that it may be cancelled as to any future liability by
the corporate surety company or the professional bail company
giving 30 days prior written notice of the cancellation to the
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clerk of the circuit court in which the bond or instrument was
filed. A bank in the State of Alabama this state shall be a
party to all escrow agreements, and those agreements shall
provide that the agreement may be cancelled as to any future
liability only by the professional bail company and bank
giving 30 days prior written notice of the cancellation to the
clerk of the circuit court in which the escrow agreement or
instrument is filed. Once a professional bail company has
filed an original continuous corporate surety bond or escrow
agreement with the circuit clerk and it has been approved by
the presiding circuit judge, then the professional bail
company does not have to file any other original continuous
corporate surety bond or escrow agreement upon annual
recertification. The professional bail company shall submit an
original certificate from the insurance company which executed
the corporate surety bond reflecting that it is still in force
or an original letter from the bank stating the escrow
agreement is still effective and the moneys monies are still
held in trust. When any professional bail company is annually
recertifying, the circuit clerk shall send the original
corporate surety bond or original escrow agreement with any
cancellations received by the circuit clerk to the presiding
circuit judge for review and approval.
b. Any new original corporate surety bond or escrow
agreement made after the effective date of the act adding this
paragraph, in a county with a population of 200,000 or more,
shall require a surety bond or escrow agreement in the amount
of fifty thousand dollars ($50,000). This paragraph does not
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affect any corporate surety bond or escrow agreement made
before the effective date of the act adding this paragraph.
Current escrow agreements and corporate surety bonds shall
remain at twenty-five thousand dollars ($25,000) for any
renewal thereafter.
(2) An original qualifying power of attorney, letter,
or other document issued by the professional bail company
specifying any applicable limitations and specifying the
agents who are authorized to execute and bind the professional
bail company to a bail undertaking or to appearance bonds. The
qualifying power of attorney, letter, or other document may
only name persons as agents.
(3) An original affidavit or certificate in writing,
under oath, executed by an owner or officer of a professional
bail company, to the clerk of the circuit court of the county
in which the professional bail company shall execute or become
surety on appearance bonds which contains all of the
following:
a. That all appearance bonds shall be executed in the
name of the professional bail company as surety by the agents
listed or appointed in the qualifying power of attorney,
letter, or other document presented to the court or any other
person so named in any future qualifying powers of attorney,
letters, or documents filed with the circuit clerk of the
county.
b. That the professional bail company is qualified to
do business in this state and its resident address.
c. That the professional bail company has sufficient
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financial net worth to satisfy its obligations as a surety.
d. That no person having a direct or indirect financial
interest in the professional bail company has been convicted
of a felony or a crime involving moral turpitude.
Notwithstanding the foregoing, if any person having a direct
or indirect financial interest in the bonding business has
been convicted of a felony or a crime involving moral
turpitude, then the person making the certification shall
certify that there has been a conviction, provide the name of
the person convicted, and certify that the person convicted
has been pardoned or has had a restoration of civil rights.
e. That the professional bail company has no knowledge
of any forfeiture that has been made final for more than 30
days that has not been paid arising out of surety undertakings
and as to which the professional bail company has no
petitions, motions, or other litigation matters pending.
f. That there are no persons, including employees,
agents, or persons with a financial interest in the
professional bail company, who, within a period of two years,
violated this chapter, or any rules adopted by the Supreme
Court governing the qualifications of professional surety or
bail companies.
g. That no employee, agent, or any other person having
a direct or indirect financial interest in the professional
bail company is an attorney, a judicial official, a person
authorized to accept an appearance bond, or an agent of an
attorney, judicial official, or person authorized to accept an
appearance bond.
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h. The names and addresses of all officers, employees,
and agents of the professional bail company who have a direct
or indirect financial interest in the professional bail
company and the nature and extent of each interest.
(b) A professional bondsman may not own a professional
bail company until he or she has been licensed as a
professional bondsman for at least three years.
(c) If the owner of a professional bail company dies or
becomes completely incapacitated, as determined by the board,
his or her professional bail company may be sold to an
unlicensed individual. The unlicensed individual shall have 90
calendar days to obtain a license. "
"§15-13-164
(a) Any person who becomes surety on any bail for a
defendant in this state and receives something of value or
charges a fee therefor, and who is not authorized as a
professional surety or bail company under this chapter shall
be guilty of a Class A misdemeanor and, upon conviction, shall
be sentenced in accordance with the laws of this state for
such an offense.
(b) Any defendant or other individual who contracts
with a surety or court, who provides false information to the
court or to the sureties on any bail bond forms or contracts,
shall be guilty of a Class A misdemeanor and, upon conviction,
shall be sentenced in accordance with the laws of this state
for the offense.
(c) Any surety who exchanges sexual services in
exchange for bail bond services shall be guilty of a Class C
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felony and, upon conviction, shall be sentenced in accordance
with the laws of this state for the offense. "
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. The provisions of this act are severable. If
any part of this act is declared invalid or unconstitutional,
such declaration shall not affect the part which remains.
Section 4. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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