AL
Alabama Senate Bill SB213

Alabama 2023 Regular Session

Alabama Senate Bill SB213 Compare Versions

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44 By Senators Sessions, Williams
55 RFD: Banking and Insurance
66 First Read: 18-Apr-23
7-2023 Regular Session
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14-Enrolled, An Act,
15-Relating to the Alabama Bail Reform Act of 1993; to
16-amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118,
17-15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134,
18-15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140,
19-15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164,
20-Code of Alabama 1975, to provide for the acceptance of certain
21-filing fees by the sheriff or jailer; to further define cash
22-bail and property bail; to provide further for the arrest and
23-delivery of a defendant to jail by a surety with no court
24-costs to be entered on the surety; to provide that a surety
25-not be charged for a bondsman's process or for a certified
26-copy of a bond; to require the license number of the bondsman
27-or recovery on a bondsman's process form; to allow a surety to
28-sign for a forfeiture with the clerk of the ordering court; to
29-increase the time frame for which the ordering court has
30-jurisdiction over a forfeiture action; to authorize a bail
31-bondsman to file motions, answers, and notices relating to a
32-defendant who is out on bond with that bondsman; to increase
33-the time frames for providing notice and conducting hearings
34-in conditional forfeiture proceedings; to remove the
35-requirement that a conditional judgment to set aside be made
36-absolute for the entire sum; to provide further for instances
37-when a court may set aside forfeiture and may not release a
38-defendant on judicial public bail; to provide further for
39-eligibility for judicial public bail; to provide further for
13+SYNOPSIS:
14+Under existing law, the Alabama Bail Reform Act
15+of 1993, defines and provides for the use of bail bonds
16+and the duties and responsibilities of professional
17+bail and professional surety companies.
18+This bill would provide for the acceptance of
19+certain filing fees by the sheriff or jailer, and would
20+provide further for the definitions of cash bail and
21+property bail.
22+This bill would provide further for the arrest
23+and delivery of a defendant to jail by a surety with no
24+court costs to be entered on the surety, would provide
25+that a surety not be charged for a bondsman's process
26+or for a certified copy of a bond, and would require
27+the license number of the bondsman or recovery to be
28+listed on a bondsman's process form.
29+This bill would authorize a surety to sign for a
30+conditional forfeiture notice with the clerk of the
31+ordering court.
32+This bill would increase the time frame for
33+which the ordering court has jurisdiction over a
34+forfeiture action to one year.
35+This bill would authorize a bail bondsman to
36+file motions, answers, and notices relating to a
37+defendant who is out on bond with that bondsman.
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69-the amount of new corporate surety bonds and escrow agreements
70-required in counties with populations of 200,000 or more; to
71-provide further for criminal penalties for certain unlawful
72-behavior; to make nonsubstantive, technical revisions to
73-update the existing code language to current style; and in
74-connection therewith would have as its purpose or effect the
75-requirement of a new or increased expenditure of local funds
76-within the meaning of Section 111.05 of the Constitution of
77-Alabama of 2022.
78-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
79-Section 1. Sections 15-13-107, 15-13-111, 15-13-114,
80-15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132,
81-15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139,
82-15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and
83-15-13-164 of the Code of Alabama 1975, are amended to read as
84-follows:
85-"§15-13-107
86-(a) Judges of any court within the State of Alabama
87-state may accept, take, and approve bail within the
88-jurisdiction of their respective courts.
89-(b) Circuit, district, and municipal court clerks,
90-including magistrates, may accept, take, and approve bail
91-within the jurisdiction of their respective courts.
92-(c) Only judicial officers and circuit, district, and
93-municipal court clerks or a designee of the court may accept
94-and approve appeal bonds and cash bonds. Provided, however,
95-that any person designated by the court to receive cash bonds,
96-shall be bonded to receive court moneys monies and have the
67+This bill would increase the time frames for
68+notice and conducting hearings in conditional
69+forfeiture proceedings.
70+This bill would remove the requirement that a
71+conditional judgment to set aside shall be made
72+absolute for the entire sum and would provide further
73+for instances when a court may set aside forfeiture,
74+may not release a defendant on judicial public bail,
75+and eligibility for judicial public bail.
76+This bill would provide further for the amount
77+of new corporate surety bonds and escrow agreements
78+required in counties with populations of 200,000 or
79+more.
80+This bill would provide further for criminal
81+penalties for certain unlawful behavior.
82+This bill would also make nonsubstantive,
83+technical revisions to update the existing code
84+language to current style.
85+Section 111.05 of the Constitution of Alabama of
86+2022, prohibits a general law whose purpose or effect
87+would be to require a new or increased expenditure of
88+local funds from becoming effective with regard to a
89+local governmental entity without enactment by a 2/3
90+vote unless: it comes within one of a number of
91+specified exceptions; it is approved by the affected
92+entity; or the Legislature appropriates funds, or
93+provides a local source of revenue, to the entity for
94+the purpose.
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126-written approval of their chief administrative officer. Clerks
127-of the courts of Alabama may delegate to their employees the
128-right to accept and approve appeal bonds and cash bonds.
129-(d) Sheriffs of the state and chiefs of police having
130-custody of a defendant may accept, take, and approve property
131-or professional surety bail. The authority may be delegated to
132-their deputies and officers.
133-(e) The judicial officers and persons in subsections
134-(a), (b), (c), and (d) shall accept and shall release the
135-defendant when bail meets the requirements as set out in
136-Division 10, applying to professional surety. The judicial
137-officers and persons in subsection (c) shall accept, approve,
138-and release the defendant when the bail meets the requirements
139-as set out in Division 9, applying to cash bail. The judicial
140-officers and persons in subsections (a), (b), (c), and (d) may
141-accept, approve, and release the defendant when the officer or
142-person, as designated, is of the opinion the bail meets the
143-requirements as set out in Division 8 of this chapter,
144-applying to property bail.
145-(f) A sheriff or jailer may accept the filing fee
146-assessed under subsection (a) of Section 12-19-311, if payment
147-has been physically attached to the bail bond form at the time
148-of posting of the bail bond for the release of the defendant.
149-The clerks may accept business checks, cashiers checks,
150-certified checks, money orders, or cash. Any check or money
151-order shall be cashed within 90 days of receipt. "
152-"§15-13-111
153-For persons arrested and taken into custody, there
124+The purpose or effect of this bill would be to
125+require a new or increased expenditure of local funds
126+within the meaning of the amendment. However, the bill
127+does not require approval of a local governmental
128+entity or enactment by a 2/3 vote to become effective
129+because it comes within one of the specified exceptions
130+contained in the amendment.
131+A BILL
132+TO BE ENTITLED
133+AN ACT
134+Relating to the Alabama Bail Reform Act of 1993; to
135+amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118,
136+15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134,
137+15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140,
138+15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164,
139+Code of Alabama 1975, to provide for the acceptance of certain
140+filing fees by the sheriff or jailer; to further define cash
141+bail and property bail; to provide further for the arrest and
142+delivery of a defendant to jail by a surety with no court
143+costs to be entered on the surety; to provide that a surety
144+not be charged for a bondsman's process or for a certified
145+copy of a bond; to require the license number of the bondsman
146+or recovery on a bondsman's process form; to allow a surety to
147+sign for a forfeiture with the clerk of the ordering court; to
148+increase the time frame for which the ordering court has
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183-shall be four kinds of bail used in this state. No other form
184-of bail may be approved and accepted by any judicial officer,
185-court clerk, magistrate, or any other person designated to
186-accept and approve bail as stipulated in Division 1, Sections
187-15-13-100 to 15-13-110, inclusive. The four kinds of bail
188-shall be judicial public bail, cash bail, property bail, and
189-professional surety bail. Their definitions are as follows:
190-(1) CASH BAIL. Cash bail is when the defendant or some
191-person on behalf of the defendant deposits cash in an amount
192-equal to a part or the total sum of the bail as set by the
193-judicial officer to the clerk of the court having jurisdiction
194-over the case. Acceptance of cash bail shall conform to
195-Division 9.
196-(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
197-release of any defendant without any condition of an
198-undertaking relating to, or a deposit of, security. Such
199-Judicial public bail shall be granted to persons subjected to
200-custodial arrest only by a judicial officer having
201-jurisdiction over the defendant and in accordance with the
202-procedures established in Division 7 of this article .
203-(3) PROFESSIONAL SURETY BAIL. Professional surety bail
204-is when a defendant is released on bail by having a
205-professional surety or professional bail company execute a
206-bond on behalf of the defendant and becoming surety on the
207-bail. Such Professional surety or professional bail companies
208-shall meet the qualification requirements of Division 10.
209-(4) PROPERTY BAIL. Property bail is when a defendant is
210-released on bail by having at least one or more real property
178+jurisdiction over a forfeiture action; to authorize a bail
179+bondsman to file motions, answers, and notices relating to a
180+defendant who is out on bond with that bondsman; to increase
181+the time frames for providing notice and conducting hearings
182+in conditional forfeiture proceedings; to remove the
183+requirement that a conditional judgment to set aside be made
184+absolute for the entire sum; to provide further for instances
185+when a court may set aside forfeiture and may not release a
186+defendant on judicial public bail; to provide further for
187+eligibility for judicial public bail; to provide further for
188+the amount of new corporate surety bonds and escrow agreements
189+required in counties with populations of 200,000 or more; to
190+provide further for criminal penalties for certain unlawful
191+behavior; to make nonsubstantive, technical revisions to
192+update the existing code language to current style; and in
193+connection therewith would have as its purpose or effect the
194+requirement of a new or increased expenditure of local funds
195+within the meaning of Section 111.05 of the Constitution of
196+Alabama of 2022.
197+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
198+Section 1. Sections 15-13-107, 15-13-111, 15-13-114,
199+15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132,
200+15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139,
201+15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and
202+15-13-164 of the Code of Alabama 1975, are amended to read as
203+follows:
204+"§15-13-107
205+(a) Judges of any court within the State of Alabama
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240-owners that own real property in the State of Alabama state,
241-execute or become bail or surety for the defendant. Such
242-property Real property owners shall qualify and meet
243-requirements applying to property bail as set out in Division
244-8."
245-"§15-13-114
246-The obligation of the sureties continues throughout
247-every stage of trial, from the time the defendant is entered
248-thereon until the rendition of the verdict by the jury or
249-judge. The finding of the defendant guilty by a jury or judge
250-discharges the sureties. The obligation of the sureties are
251-also discharged when the judge takes any of the following
252-actions:
253-(1) Sentences the defendant.
254-(2) Grants the prosecutor's motion to nol pros the
255-case.
256-(3) Dismisses the case.
257-(4) Issuance of Issues any order to the defendant to
258-attend driving-under-the-influence school, mental health
259-counseling, or any similar order of which the court would only
260-have had the authority to do so , if there had been an
261-adjudication of guilt or in cases where there has been an
262-adjudication of guilt.
263-(5) Issuance of Issues any order of restitution or
264-payments received from the defendant to the court for fines,
265-court costs, or restitution when a bail bond is posted before
266-a case is adjudicated .
267-(6) Announcement or order of Announces or orders
235+state may accept, take, and approve bail within the
236+jurisdiction of their respective courts.
237+(b) Circuit, district, and municipal court clerks,
238+including magistrates, may accept, take, and approve bail
239+within the jurisdiction of their respective courts.
240+(c) Only judicial officers and circuit, district, and
241+municipal court clerks or a designee of the court may accept
242+and approve appeal bonds and cash bonds. Provided, however,
243+that any person designated by the court to receive cash bonds,
244+shall be bonded to receive court moneys monies and have the
245+written approval of their chief administrative officer. Clerks
246+of the courts of Alabama may delegate to their employees the
247+right to accept and approve appeal bonds and cash bonds.
248+(d) Sheriffs of the state and chiefs of police having
249+custody of a defendant may accept, take, and approve property
250+or professional surety bail. The authority may be delegated to
251+their deputies and officers.
252+(e) The judicial officers and persons in subsections
253+(a), (b), (c), and (d) shall accept and shall release the
254+defendant when bail meets the requirements as set out in
255+Division 10, applying to professional surety. The judicial
256+officers and persons in subsection (c) shall accept, approve,
257+and release the defendant when the bail meets the requirements
258+as set out in Division 9, applying to cash bail. The judicial
259+officers and persons in subsections (a), (b), (c), and (d) may
260+accept, approve, and release the defendant when the officer or
261+person, as designated, is of the opinion the bail meets the
262+requirements as set out in Division 8 of this chapter,
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297-sentence prior to any probation determination."
298-"§15-13-118
299-After the entry of a conditional forfeiture against any
300-surety on an undertaking of bail, the surety may arrest the
301-defendant as provided in Section 15-13-117, but and the arrest
302-and delivery of the defendant to the authorized jail as stated
303-in Section 15-13-117 shall not exonerate the surety unless, in
304-the judgment of the court, a good and sufficient cause is
305-given for the failure of the defendant to appear at the time
306-the conditional judgement was entered ."
307-"§15-13-125
308-The clerk of the court having jurisdiction over the
309-defendant shall issue a bondsman's process to the sureties on
310-such the bail upon their request. The request may be made by
311-any one of the sureties. Before the issuance of the process,
312-the clerk shall determine if the case is still open and the
313-defendant and the sureties have not been discharged by law. A
314-surety shall not be charged for the bondsman's process or for
315-a certified copy of the bond. "
316-"§15-13-128
317-The following shall be substantially the form to be
318-used for a bondsman's process. BONDSMAN'S PROCESS STATE OF
319-ALABAMA
320-COUNTY OF ___________.
321-(or)
322-CITY OF ______________.
323-WHEREAS, the Sureties on the bail of the defendant
324-_____, in case number _____, have expressed their desire to
292+applying to property bail.
293+(f) A sheriff or jailer shall accept the filing fee
294+assessed under subsection (a) of Section 12-19-311, if payment
295+has been physically attached to the bail bond form at the time
296+of posting of the bail bond for the release of the defendant.
297+The clerks may accept business checks, cashiers checks,
298+certified checks, money orders, or cash. Any check or money
299+order shall be cashed within 90 days of receipt. "
300+"§15-13-111
301+For persons arrested and taken into custody, there
302+shall be four kinds of bail used in this state. No other form
303+of bail may be approved and accepted by any judicial officer,
304+court clerk, magistrate, or any other person designated to
305+accept and approve bail as stipulated in Division 1, Sections
306+15-13-100 to 15-13-110, inclusive. The four kinds of bail
307+shall be judicial public bail, cash bail, property bail, and
308+professional surety bail. Their definitions are as follows:
309+(1) CASH BAIL. Cash bail is when the defendant or some
310+person on behalf of the defendant deposits cash in an amount
311+equal to a part or the total sum of the bail as set by the
312+judicial officer to the clerk of the court having jurisdiction
313+over the case. Acceptance of cash bail shall conform to
314+Division 9.
315+(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
316+release of any defendant without any condition of an
317+undertaking relating to, or a deposit of, security. Such
318+Judicial public bail shall be granted to persons subjected to
319+custodial arrest only by a judicial officer having
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354-surrender the defendant to the custody of _____ of (City or
355-County), Alabama, and such desire has been expressed to the
356-clerk of the _____ Court of the City/County of _____, Alabama,
357-and,
358-WHEREAS, the clerk has checked the records and case
359-number _____ is still pending and the defendant nor his or her
360-sureties have been discharged of their obligations, or the
361-records of case number _____ reflect that the defendant has
362-failed to appear on the obligation of bail as required and a
363-warrant has been issued for the arrest of the defendant.
364-NOW, THEREFORE, this document is issued, as required by
365-law, and the document gives the right to the Sureties
366-(bondsmen) to arrest the defendant, _____ at any place in the
367-State of Alabama, or the sureties may authorize another person
368-to arrest the defendant by an endorsement in writing on this
369-document or attached to this document and the surety or
370-bondsman shall forthwith, after the arrest, take the defendant
371-to the _____ jail of _____, custodian thereof.
372-Executed this _____ day of _____, 20__.
373-________________ CLERK OF COURT
374-SEAL:
375-Bondsman Return
376-On this _____ day of ___________, 20__, I ___________
377-agent for ___________ surrender the above named defendant to
378-the ___________ jail of ___________.
379-Time: _____
380-Bondsman's or Recovery License Number: __________. "
381-"§15-13-131
349+jurisdiction over the defendant and in accordance with the
350+procedures established in Division 7 of this article .
351+(3) PROFESSIONAL SURETY BAIL. Professional surety bail
352+is when a defendant is released on bail by having a
353+professional surety or professional bail company execute a
354+bond on behalf of the defendant and becoming surety on the
355+bail. Such Professional surety or professional bail companies
356+shall meet the qualification requirements of Division 10.
357+(4) PROPERTY BAIL. Property bail is when a defendant is
358+released on bail by having at least one or more real property
359+owners that own real property in the State of Alabama state,
360+execute or become bail or surety for the defendant. Such
361+property Real property owners shall qualify and meet
362+requirements applying to property bail as set out in Division
363+8."
364+"§15-13-114
365+The obligation of the sureties continues throughout
366+every stage of trial, from the time the defendant is entered
367+thereon until the rendition of the verdict by the jury or
368+judge. The finding of the defendant guilty by a jury or judge
369+discharges the sureties. The obligation of the sureties are
370+also discharged when the judge takes any of the following
371+actions:
372+(1) Sentences the defendant.
373+(2) Grants the prosecutor's motion to nol pros the
374+case.
375+(3) Dismisses the case.
376+(4) Issuance of Issues any order to the defendant to
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411-(a) When a defendant fails to appear in court as
412-required by the undertaking of bail and no sufficient excuse
413-has been provided to the court prior to the hearing, the court
414-shall order a conditional forfeiture and show cause order
415-against the defendant and the sureties of the bail. The court
416-shall notify defendant and sureties of the order as set out in
417-this article. The defendant or sureties, or both, shall file a
418-written response with the clerk of the court within 2830 days
419-of after the date of service of the notice why the bond should
420-not be forfeited. If a written response is filed within the
421-time allowed and the court is of the opinion the written
422-response is sufficient, the court shall set aside the
423-conditional forfeiture. If the court is of the opinion the
424-written response is not sufficient, the court shall set a
425-hearing to determine whether the bond should be forfeited. The
426-hearing shall not be set less than 90 120 days of after the
427-service of the conditional forfeiture order. If no written
428-response has been filed aft er 2830 days from the date of
429-service of the notice, the court may enter an appropriate
430-order or final judgment forfeiting all or part of the amount
431-of the bond which shall be enforceable as any civil judgment.
432-The court may take into consideration the circumstances
433-provided to the court and continue any final forfeiture
434-hearing to another day and time allowing the sureties more
435-time to apprehend the defendant.
436-(b) When an undertaking of bail is forfeited by the
437-failure of the defendant to appear as required, except when
438-money is deposited as cash bail, a conditional judgment shall
406+attend driving-under-the-influence school, mental health
407+counseling, mental health court, pretrial diversion, drug
408+court, veterans court, or any similar order of which the court
409+would only have had the authority to do so , if there had been
410+an adjudication of guilt or in cases where there has been an
411+adjudication of guilt .
412+(5) Issuance of Issues any order of restitution or
413+payments received from the defendant to the court for fines,
414+court costs, or restitution .
415+(6) Announcement or order of Announces or orders
416+sentence prior to any probation determination."
417+"§15-13-118
418+After the entry of a conditional forfeiture against any
419+surety on an undertaking of bail, the surety may arrest the
420+defendant as provided in Section 15-13-117, but and the arrest
421+and delivery of the defendant to the authorized jail as stated
422+in Section 15-13-117 shall not exonerate the surety unless, in
423+the judgment of the court, a good and sufficient cause is
424+given for the failure of the defendant to appear at the time
425+the conditional judgement was entered . No court costs shall be
426+entered on the surety. On a conditional forfeiture, defendants
427+who are their own sureties by posting their own cash, real
428+property, or personal recognizance bail shall be assessed
429+court costs upon a final forfeiture ."
430+"§15-13-125
431+The clerk of the court having jurisdiction over the
432+defendant shall issue a bondsman's process to the sureties on
433+such the bail upon their request. The request may be made by
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468-be rendered by the court in favor of the state or its
469-subdivisions, for the use of the proper city, county, or
470-state, against the parties to the undertaking for the sum
471-thereon expressed, which judgment may be substantially as
472-follows:
473-(State of or City of)Charge: _______vsCase No.
474-______A.B.___________ C.D.___________ E.F.
475-(Sureties)__________
476-It being known to the court that A.B., together with
477-(Sureties) _____ , agreed to pay the State of Alabama (or City
478-of _____,) _____ dollars (the sum specified in the
479-undertaking), unless A.B. appeared at the time and place
480-mentioned and fixed in the bond or undertaking to answer in
481-this case and A.B. having failed to appear at the time and
482-place mentioned in the bond or undertaking, it is therefore
483-ordered by the court that the State of Alabama (or City of
484-_____,) for the use of _____ State (or City), recover of the
485-defendant and sureties on the undertakings, the sum of _____
486-dollars (the sum specified in the undertaking), unless they
487-file a written response and show cause why this judgment
488-should not be made absolute with in2830 days of after the
489-date of service of this conditional forfeiture order.
490-(c) The state shall remit one-half of the funds it
491-receives under subsections (a) and (b) to the county in which
492-the defendant was charged. The funds shall be deposited into
493-the general fund of the county and used for the maintenance
494-and operation of the county jail."
495-"§15-13-132
463+any one of the sureties. Before the issuance of the process,
464+the clerk shall determine if the case is still open and the
465+defendant and the sureties have not been discharged by law. A
466+surety shall not be charged for the bondsman's process or for
467+a certified copy of the bond. "
468+"§15-13-128
469+The following shall be substantially the form to be
470+used for a bondsman's process. BONDSMAN'S PROCESS STATE OF
471+ALABAMA
472+COUNTY OF ___________.
473+(or)
474+CITY OF ______________.
475+WHEREAS, the Sureties on the bail of the defendant
476+_____, in case number _____, have expressed their desire to
477+surrender the defendant to the custody of _____ of (City or
478+County), Alabama, and such desire has been expressed to the
479+clerk of the _____ Court of the City/County of _____, Alabama,
480+and,
481+WHEREAS, the clerk has checked the records and case
482+number _____ is still pending and the defendant nor his or her
483+sureties have been discharged of their obligations, or the
484+records of case number _____ reflect that the defendant has
485+failed to appear on the obligation of bail as required and a
486+warrant has been issued for the arrest of the defendant.
487+NOW, THEREFORE, this document is issued, as required by
488+law, and the document gives the right to the Sureties
489+(bondsmen) to arrest the defendant, _____ at any place in the
490+State of Alabama, or the sureties may authorize another person
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525-A notice of the rendition of the judgment set forth in
526-Section 15-13-131 shall be issued by the clerk of the court
527-and served according to the terms as established in this
528-article within 90 days of the court's conditional forfeiture
529-order to the defendant and sureties. The notice may be in the
530-following form:
531-STATE OF ALABAMA_____________(or City of
532-___________)Defendant vs ___________ County_____________
533-SuretyCase No. ________________________ SuretyCharge:
534-___________ Conditional Forfeiture Notice To:
535-______________________
536-CourtDefendant_________________________Surety
537-You are hereby notified that your name appears as a
538-surety on the bond in the above styled case. This case was
539-called for trial on _______ (date) and the defendant was not
540-present to answer. Therefore, a conditional forfeiture of
541-_______ dollars was entered against you.
542-You shall file a written response with in 2830 days
543-after you receive this notice and show cause to the court why
544-this bond amount and the court cost incident to this
545-forfeiture should not be made final.
546-If no action on your part is tak en 2830days after the
547-date you receive this notice, a final forfeiture may be
548-entered against you by the court. The sheriff shall collect
549-the amount of the bond and court cost from you or levy on your
550-property to satisfy the forfeiture case. If you file a written
551-response and the court is of the opinion your written response
552-is not sufficient to set aside the conditional forfeiture,
520+to arrest the defendant by an endorsement in writing on this
521+document or attached to this document and the surety or
522+bondsman shall forthwith, after the arrest, take the defendant
523+to the _____ jail of _____, custodian thereof.
524+Executed this _____ day of _____, 20__.
525+________________ CLERK OF COURT
526+SEAL:
527+Bondsman Return
528+On this _____ day of ___________, 20__, I ___________
529+agent for ___________ surrender the above named defendant to
530+the ___________ jail of ___________.
531+Time: _____
532+Bondsman's or Recovery License Number: __________. "
533+"§15-13-131
534+(a) When a defendant fails to appear in court as
535+required by the undertaking of bail and no sufficient excuse
536+has been provided to the court prior to the hearing, the court
537+shall order a conditional forfeiture and show cause order
538+against the defendant and the sureties of the bail. The court
539+shall notify defendant and sureties of the order as set out in
540+this article. The defendant or sureties, or both, shall file a
541+written response with the clerk of the court within 28 45 days
542+of after the date of service of the notice why the bond should
543+not be forfeited. If a written response is filed within the
544+time allowed and the court is of the opinion the written
545+response is sufficient, the court shall set aside the
546+conditional forfeiture. If the court is of the opinion the
547+written response is not sufficient, the court shall set a
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582-then the court shall set a final forfeiture hearing date and
583-you will be notified at the address provided on the response.
584-This bond forfeiture is a court case against you
585-separate from the defendant's criminal case. The court has
586-also ordered that the defendant be re-arrested in the original
587-case.
588-Date issued: ___________By ___________ Clerk "
589-"§15-13-134
590-A conditional forfeiture notice may be served by any
591-law enforcement officer, at the law enforcement office in the
592-same manner as a summons in a civil action, except that
593-service may not be by publication. At the law enforcement
594-officer's discretion and expense, the notice may be served by
595-certified mail, requiring a signed receipt or some equivalent
596-thereof. In the event the notice is served by certified mail,
597-return of the receipt properly signed shall be prima facie
598-evidence of service. A surety may sign for the forfeiture with
599-the clerk of the court. The notice required by this subsection
600-must shall be returned by the person individual serving it,
601-with his or her proper return endorsed thereon, within
602-twenty-eight 30 days of the date of issuance or within five
603-days of service, whichever period of time is shorter."
604-"§15-13-136
605-In forfeiture cases where the clerk of the court has
606-failed to issue the conditional forfeiture notice as
607-stipulated in Section 15-13-132 and where there has been no
608-service as set out in Section 15-13-134 made within 90 days of
609-after the order of the court as set out in Section 15-13-131,
577+hearing to determine whether the bond should be forfeited. The
578+hearing shall not be set less than 90 120 days of after the
579+service of the conditional forfeiture order. If no written
580+response has been filed after 28 45 days from the date of
581+service of the notice, the court may enter an appropriate
582+order or final judgment forfeiting all or part of the amount
583+of the bond which shall be enforceable as any civil judgment.
584+The court may take into consideration the circumstances
585+provided to the court and continue any final forfeiture
586+hearing to another day and time allowing the sureties more
587+time to apprehend the defendant.
588+(b) When an undertaking of bail is forfeited by the
589+failure of the defendant to appear as required, except when
590+money is deposited as cash bail, a conditional judgment shall
591+be rendered by the court in favor of the state or its
592+subdivisions, for the use of the proper city, county, or
593+state, against the parties to the undertaking for the sum
594+thereon expressed, which judgment may be substantially as
595+follows:
596+(State of or City of)Charge: _______vsCase No.
597+______A.B.___________ C.D.___________ E.F.
598+(Sureties)__________
599+It being known to the court that A.B., together with
600+(Sureties) _____ , agreed to pay the State of Alabama (or City
601+of _____,) _____ dollars (the sum specified in the
602+undertaking), unless A.B. appeared at the time and place
603+mentioned and fixed in the bond or undertaking to answer in
604+this case and A.B. having failed to appear at the time and
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639-and where the sureties have complied with Section 15-13-133,
640-then the sureties shall be discharged from all liability of
641-the bail and the conditional judgment shall be set aside
642-against such those sureties."
643-"§15-13-137
644-If the defendants appear and show sufficient cause for
645-the default to be determined by the court, the conditional
646-judgment shall be set aside. If the excuse is not sufficient,
647-or if the defendant or sureties fail to appear at the final
648-forfeiture hearing, the judgment shall may be made absolute
649-for the entire sum expressed in the undertaking, or any
650-portion thereof according to the circumstances."
651-"§15-13-138
652-The court shall set aside the conditional forfeiture in
653-its entirety for the following reasons or under the following
654-circumstances:
655-(1) If the sureties can show that the defendant was
656-hospitalized at the time he or she was to appear in court, or
657-if the sureties can produce sufficient evidence that the
658-defendant was not able to attend court for reason of illness,
659-by producing a doctor's certificate or letter to that effect.
660-The hospitalization may be in or out of the State of Alabama
661-this state. For the sureties to take advantage of this
662-provision subdivision, they shall put the court on notice that
663-the situation exists either prior to the issuance of the
664-conditional forfeiture order or with in 2830 days after legal
665-service of the conditional forfeiture on the sureties. After
666-receiving notice, the court may continue the case to a future
634+place mentioned in the bond or undertaking, it is therefore
635+ordered by the court that the State of Alabama (or City of
636+_____,) for the use of _____ State (or City), recover of the
637+defendant and sureties on the undertakings, the sum of _____
638+dollars (the sum specified in the undertaking), unless they
639+file a written response and show cause why this judgment
640+should not be made absolute within 28 45 days of after the
641+date of service of this conditional forfeiture order.
642+(c) The state shall remit one-half of the funds it
643+receives under subsections (a) and (b) to the county in which
644+the defendant was charged. The funds shall be deposited into
645+the general fund of the county and used for the maintenance
646+and operation of the county jail."
647+"§15-13-132
648+A notice of the rendition of the judgment set forth in
649+Section 15-13-131 shall be issued by the clerk of the court
650+and served according to the terms as established in this
651+article within 90 days of the court's conditional forfeiture
652+order to the defendant and sureties. The notice may be in the
653+following form after the defendant's failure to appear in
654+court:
655+STATE OF ALABAMA_____________(or City of
656+___________)Defendant vs ___________ County_____________
657+SuretyCase No. ________________________ SuretyCharge:
658+___________ Conditional Forfeiture Notice To:
659+______________________
660+CourtDefendant_________________________Surety
661+You are hereby notified that your name appears as a
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696-date it deems proper and just for the defendant to appear. If
697-at that time the defendant is still not able to attend court
698-for the same reason, then it shall be the burden of the
699-sureties to produce the evidence within the same prescribed
700-time. This section shall does not bar the court from the
701-issuance of a bench warrant for the defendant in cases where
702-the court feels that documents of proof do not reflect the
703-truth, or where the court has reason to believe the defendant
704-may appear and he or she is using such the documents of proof
705-as an excuse to avoid appearance.
706-(2) If the sureties show that the defendant was
707-confined in jail or in the custody of another jurisdiction in
708-the State of Alabama this state or any other state, at the
709-time of his or her original appearance or on the date of the
710-issuance of the conditional forfeiture order, or if the surety
711-shows that the defendant is still confined in any jail in the
712-State of Alabama this state or any other state, or in the
713-custody of another jurisdiction within the State of Alabama
714-this state or any other state, or in the custody of another
715-jurisdiction within the continental United States, including
716-United States federal jurisdiction, the court shall set aside
717-the conditional forfeiture and continue the case until a time
718-after the end of that confinement. If the court later learns
719-that the defendant is free from confinement before the
720-confinement was supposed to end, then the court, with notice
721-to the sureties, may reset the case and the burden shall be on
722-the sureties to produce the defendant for the hearing or the
723-court may issue another conditional forfeiture.
691+surety on the bond in the above styled case. This case was
692+called for trial on _______ (date) and the defendant was not
693+present to answer. Therefore, a conditional forfeiture of
694+_______ dollars was entered against you.
695+You shall file a written response within 28 45 days
696+after you receive this notice and show cause to the court why
697+this bond amount and the court cost incident to this
698+forfeiture should not be made final.
699+If no action on your part is taken 28 45 days after the
700+date you receive this notice, a final forfeiture may be
701+entered against you by the court. The sheriff shall collect
702+the amount of the bond and court cost from you or levy on your
703+property to satisfy the forfeiture case. If you file a written
704+response and the court is of the opinion your written response
705+is not sufficient to set aside the conditional forfeiture,
706+then the court shall set a final forfeiture hearing date and
707+you will be notified at the address provided on the response.
708+This bond forfeiture is a court case against you
709+separate from the defendant's criminal case. The court has
710+also ordered that the defendant be re-arrested in the original
711+case.
712+Date issued: ___________By ___________ Clerk "
713+"§15-13-134
714+A conditional forfeiture notice may be served by any
715+law enforcement officer, at the law enforcement office in the
716+same manner as a summons in a civil action, except that
717+service may not be by publication. At the law enforcement
718+officer's discretion and expense, the notice may be served by
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753-(3) If the sureties show the defendant is deceased.
754-(4) If the sureties show the defendant was serving on
755-active duty in one of the military services of the United
756-States."
757-"§15-13-139
758-In forfeiture cases where the sureties have paid the
759-amount of the forfeiture into the court or in cases where the
760-forfeiture has been made final or absolute and there is no
761-further litigation pending on the forfeiture, and the surety
762-locates the defendant and causes the return of the defendant
763-to the custody of the court where the bond was forfeited, and
764-if the defendant was substantially procured by actions of the
765-surety, and the administration of justice has not been
766-thwarted nor the successful prosecution of the defendant has
767-been affected, then the court which ordered the forfeiture,
768-shall have full power and jurisdiction in all proceedings
769-conducted pursuant to this article and within a period of six
770-months one year from the date of issuance of any final
771-forfeiture judgment, to consider any costs to the state or its
772-subdivisions which resulted as a cause of the default, if any,
773-and upon giving consideration thereto, may, in the court's
774-discretion, remit the whole of the penalty of the bail, or
775-undertaking, or any portion thereof, which is in excess of any
776-costs to the state or its subdivisions, and render a new final
777-judgment against the sureties appearing upon the bail bond or
778-undertaking. In forfeiture cases, if the judgment has been
779-paid into the State Treasury or Municipal Treasury a municipal
780-treasury, the court may issue an order to the custodian of the
748+certified mail, requiring a signed receipt or some equivalent
749+thereof. In the event the notice is served by certified mail,
750+return of the receipt properly signed shall be prima facie
751+evidence of service. A surety may sign for the forfeiture with
752+the clerk of the court. The notice required by this subsection
753+must shall be returned by the person individual serving it,
754+with his or her proper return endorsed thereon, within
755+twenty-eight 45 days of the date of issuance or within five
756+days of service, whichever period of time is shorter."
757+"§15-13-136
758+In forfeiture cases where the clerk of the court has
759+failed to issue the conditional forfeiture notice as
760+stipulated in Section 15-13-132 and where there has been no
761+service as set out in Section 15-13-134 made within 90 days of
762+after the order of the court defendant fails to appear as set
763+out in Section 15-13-131, and where the sureties have complied
764+with Section 15-13-133, then the sureties shall be discharged
765+from all liability of the bail and the conditional judgment
766+shall be set aside against such those sureties."
767+"§15-13-137
768+If the defendants appear and show sufficient cause for
769+the default to be determined by the court, the conditional
770+judgment shall be set aside. If the excuse is not sufficient,
771+or if the defendant or sureties fail to appear at the final
772+forfeiture hearing, the judgment shall may be made absolute
773+for the entire sum expressed in the undertaking, or any
774+portion thereof according to the circumstances."
775+"§15-13-138
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810-treasury to make a refund to the sureties."
811-"§15-13-140
812-Reasons for default shall be heard by the court on
813-application, at any time when not engaged in other business.
814-When a conditional judgment is set aside for sufficient cause,
815-no cost shall be imposed on the sureties. This provision
816-section has no application where money is deposited instead of
817-bail. Sureties may appear before the courts of this state or
818-its subdivisions to answer any "show cause order, " conditional
819-or final forfeiture to give any reasons for default, to
820-present any defense to the default, and for any other purpose
821-of informing the courts about information relating to the
822-appearance or non-appearance of the defendant on the bail of
823-which they are surety. If the surety is a professional surety
824-company or professional bail company then any agent or
825-representative of the professional surety company or
826-professional bail company may appear for the same pur poses."
827-"§15-13-141
828-In all cases where a conditional forfeiture has been
829-made final by any court of the state or any of its
830-subdivisions and there has been no further action or request
831-filed with the court, appeal taken, application to the State
832-Pardons and Paroles Board, or any other litigation of which
833-the court has knowledge has been filed by the surety with the
834-court within 30 days to the clerk of the court of the entry or
835-order of the final judgment and the same has not been paid
836-within 30 days to the clerk of the court, then the clerk shall
837-refuse to accept and approve any bonds from the surety as
805+(a) The court shall set aside the conditional
806+forfeiture in its entirety for the following reasons or under
807+the following circumstances:
808+(1) If the sureties can show that the defendant was
809+hospitalized at the time he or she was to appear in court, or
810+if the sureties can produce sufficient evidence that the
811+defendant was not able to attend court for reason of illness,
812+by producing a doctor's certificate or letter to that effect.
813+The hospitalization may be in or out of the State of Alabama
814+this state. For the sureties to take advantage of this
815+provision subdivision, they shall put the court on notice that
816+the situation exists either prior to the issuance of the
817+conditional forfeiture order or within 28 45 days after legal
818+service of the conditional forfeiture on the sureties. After
819+receiving notice, the court may continue the case to a future
820+date it deems proper and just for the defendant to appear. If
821+at that time the defendant is still not able to attend court
822+for the same reason, then it shall be the burden of the
823+sureties to produce the evidence within the same prescribed
824+time. This section shall does not bar the court from the
825+issuance of a bench warrant for the defendant in cases where
826+the court feels that documents of proof do not reflect the
827+truth, or where the court has reason to believe the defendant
828+may appear and he or she is using such the documents of proof
829+as an excuse to avoid appearance.
830+(2) If the sureties show that the defendant was
831+confined in jail or in the custody of another jurisdiction in
832+the State of Alabama this state or any other state, at the
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862+time of his or her original appearance or on the date of the
863+issuance of the conditional forfeiture order, or if the surety
864+shows that the defendant is still confined in any jail in the
865+State of Alabama this state or any other state, or in the
866+custody of another jurisdiction within the State of Alabama
867+this state or any other state, or in the custody of another
868+jurisdiction within the continental United States, including
869+United States federal jurisdiction, the court shall set aside
870+the conditional forfeiture and continue the case until a time
871+after the end of that confinement. If the court later learns
872+that the defendant is free from confinement before the
873+confinement was supposed to end, then the court, with notice
874+to the sureties, may reset the case and the burden shall be on
875+the sureties to produce the defendant for the hearing or the
876+court may issue another conditional forfeiture.
877+(3) If the sureties show the defendant is deceased.
878+(4) If the sureties show the defendant was serving on
879+active duty in one of the military services of the United
880+States.
881+(b) If the surety requests that a defendant who has
882+failed to appear be entered into NCIC, and the governing
883+authorities refuse to honor the request or the defendant is
884+arrested outside of the state and the governing authorities
885+decline to proceed with extradition, the surety shall be
886+discharged. A surety shall be notified by the district
887+attorney in writing of a defendant's arrest outside of the
888+state within seven days of the arrest. The defendant may be
889+charged the cost of extradition and those costs may be added
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919+to court costs."
920+"§15-13-139
921+In forfeiture cases where the sureties have paid the
922+amount of the forfeiture into the court or in cases where the
923+forfeiture has been made final or absolute and there is no
924+further litigation pending on the forfeiture, and the surety
925+locates the defendant and causes the return of the defendant
926+to the custody of the court where the bond was forfeited, and
927+if the defendant was substantially procured by actions of the
928+surety, and the administration of justice has not been
929+thwarted nor the successful prosecution of the defendant has
930+been affected, then the court which ordered the forfeiture,
931+shall have full power and jurisdiction in all proceedings
932+conducted pursuant to this article and within a period of six
933+months one year from the date of issuance of any final
934+forfeiture judgment, to consider any costs to the state or its
935+subdivisions which resulted as a cause of the default, if any,
936+and upon giving consideration thereto, may, in the court's
937+discretion, remit the whole of the penalty of the bail, or
938+undertaking, or any portion thereof, which is in excess of any
939+costs to the state or its subdivisions, and render a new final
940+judgment against the sureties appearing upon the bail bond or
941+undertaking. In forfeiture cases, if the judgment has been
942+paid into the State Treasury or Municipal Treasury a municipal
943+treasury, the court may issue an order to the custodian of the
944+treasury to make a refund to the sureties."
945+"§15-13-140
946+Reasons for default shall be heard by the court on
947+449
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976+application, at any time when not engaged in other business.
977+When a conditional judgment is set aside for sufficient cause,
978+no cost shall be imposed on the sureties. This provision
979+section has no application where money is deposited instead of
980+bail. Sureties may appear before the courts of this state or
981+its subdivisions to answer any "show cause order, " conditional
982+or final forfeiture to give any reasons for default, to
983+present any defense to the default, and for any other purpose
984+of informing the courts about information relating to the
985+appearance or non-appearance of the defendant on the bail of
986+which they are surety. If the surety is a professional surety
987+company or professional bail company then any agent or
988+representative of the professional surety company or
989+professional bail company may appear for the same purposes. A
990+professional bail bondsman may file motions, answers, and
991+notices related to a defendant currently out on bond with the
992+professional bail bondsman. "
993+"§15-13-141
994+In all cases where a conditional forfeiture has been
995+made final by any court of the state or any of its
996+subdivisions and there has been no further action or request
997+filed with the court, appeal taken, application to the State
998+Pardons and Paroles Board, or any other litigation of which
999+the court has knowledge has been filed by the surety with the
1000+court within 30 days to the clerk of the court of the entry or
1001+order of the final judgment and the same has not been paid
1002+within 30 days to the clerk of the court, then the clerk shall
1003+refuse to accept and approve any bonds from the surety as
1004+477
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8671033 being insufficient. The clerk shall notify all persons
8681034 authorized to accept and approve bonds returnable to the court
8691035 of the action and they shall no longer accept or approve
8701036 surety on bonds until notified otherwise by the clerk. The
8711037 clerk shall also notify the circuit clerk of the county who
8721038 shall notify all other clerks of any courts in the county in
8731039 writing and the clerks shall refuse to accept or approve any
8741040 other bonds of the surety and shall notify the other
8751041 authorized persons having the authority to approve and accept
8761042 bail returnable to their courts of the action and they shall
8771043 no longer accept or approve the surety on bail until otherwise
8781044 notified by the clerk. Refusal by the clerks shall be in
8791045 writing and shall be known as a "clerk's revocation of
8801046 surety.""
8811047 "§15-13-145
8821048 Any person charged with a felony, misdemeanor, or
8831049 violation shall be eligible for a judicial public bail, if:
8841050 (1) The person is not charged with robbery, capital
8851051 murder, forcible sex crimes, escape, trafficking in drugs, or
8861052 the sale of drugs.
8871053 (2) The person has not been convicted of a previous
8881054 felony or committed a felony while being released on any form
8891055 of bail.
8901056 (3) The person is not presently under a suspended
8911057 sentence or on probation or parole for a previous conviction
8921058 on a misdemeanor or a felony.
8931059 (4) There is no evidence, satisfactory to the judicial
8941060 officer, that the person has violated a previous bail release,
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9241090 whether it be judicial public bail, property, cash, or
9251091 professional surety bail , or failure to appear ."
9261092 "§15-13-159
9271093 No professional surety company shall execute or become
9281094 surety on any appearance bond in this state, unless it has an
9291095 order granting authorization to become professional surety on
9301096 any bail. The order granting the authorization shall be
9311097 reissued annually, prior to January 1 of each year, by the
9321098 presiding circuit judge of the county in which the company
9331099 desires to execute bail or appearance bonds. Prior to the
9341100 judge's issuance of the original order and no later than
9351101 December 1 of each year, thereafter, professional surety
9361102 companies shall submit annually to the presiding circuit judge
9371103 the following:
9381104 (1) An original or certified copy of a certificate of
9391105 authority or certificate of compliance from the Department of
9401106 Insurance reflecting that the company is qualified to write a
9411107 bail line of insurance and that the company is in good
9421108 standing with the department.
9431109 (2) An original qualifying power of attorney issued by
9441110 the professional surety company, specifying any applicable
9451111 limitations and the names of the agents that may execute and
9461112 bind the company to a bail undertaking. The qualifying power
9471113 of attorney shall not name any company, corporation, or other
9481114 entity as an agent except a person as defined as a
9491115 professional bondsman in Division 1, Section 15-13-100 of this
9501116 chapter, and that person shall be an agent of the company
9511117 licensed with the Department of Insurance.
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9811147 (3) A copy of the license issued by the Department of
9821148 Insurance of each agent who is named in or appointed by the
9831149 qualifying power of attorney in subdivision (2) or a letter or
9841150 other documentation from the department indicating that the
9851151 appointed agents are temporarily licensed as agents of the
9861152 professional surety company for those lines of insurance.
9871153 (4) An affidavit or certification in writing, under
9881154 oath, executed by a licensed agent of the professional surety
9891155 company who is the manager or an owner or president of a
9901156 corporation, company, partnership, or other entity that
9911157 represents the professional surety company, filed with the
9921158 clerk of the circuit court of each county in which the
9931159 professional surety company executes or becomes surety on
9941160 appearance bonds, stating the following:
9951161 a. That all appearance bonds shall be executed in the
9961162 name of the professional surety company as surety by the
9971163 agents listed or appointed in the qualifying power of attorney
9981164 presented to the court or any other qualifying powers of
9991165 attorney filed with the circuit clerk of the county.
10001166 b. That all agents listed or appointed in the
10011167 qualifying powers of attorney shall be licensed by the
10021168 Department of Insurance, prior to their appointments.
10031169 c. That any agency, company, corporation, or other
10041170 entity that represents the professional surety company in the
10051171 county, has no owners or other persons having a direct or
10061172 indirect financial interest in such agency, company,
10071173 corporation, or other entity, that have been convicted of a
10081174 felony or a crime involving moral turpitude. If any person
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10381204 having a direct or indirect financial interest in such agency,
10391205 company, corporation, or other entity has been convicted of a
10401206 felony or a crime involving moral turpitude, then the
10411207 affidavit or certification shall certify that there has been
10421208 such conviction, providing the name of the person convicted,
10431209 and certify that the person convicted has been pardoned or has
10441210 had a restoration of civil rights.
10451211 d. That the professional surety company has no
10461212 knowledge of forfeitures that have been final for more than 30
10471213 days that have not been paid to the clerk of the court arising
10481214 out of surety undertaking, and that the professional surety
10491215 company has no petitions, motions, or other litigation matters
10501216 pending.
10511217 e. That no agents of the professional surety company
10521218 who have the authority to execute appearance bonds in its
10531219 behalf or any person having a financial interest, direct or
10541220 indirect, in the ownership or management of any agency,
10551221 company, corporation, or other entity that represents the
10561222 professional surety company in the execution of appearance
10571223 bonds, is an attorney, a judicial official, a person
10581224 authorized to accept an appearance bond, or an agent of an
10591225 attorney, judicial official, or person authorized to accept an
10601226 appearance bond.
10611227 f. The names and addresses of all persons, officers,
10621228 employees, and agents of the agency, company, corporation, or
10631229 other entity that represents the professional surety company
10641230 becoming surety on appearance bonds who have a direct or
10651231 indirect financial interest in the agency, company,
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10951261 corporation, or other entity representing the professional
10961262 surety company and the nature and extent of each interest.
10971263 g. That those persons stated in this section have not,
10981264 within a period of two years, violated any provisions of this
10991265 chapter or any rules adopted by the Supreme Court of Alabama
11001266 in accordance with this chapter.
1101-(5) A copy of the current license issued by the Alabama
1267+(5) A copy of the license issued by the Alabama
11021268 Professional Bail Bonding Board pursuant to the Alabama Bail
11031269 Bond Regulatory Act, Article 8, commencing with Section
11041270 15-13-200."
11051271 "§15-13-160
11061272 (a) No professional bail company shall execute or
11071273 become surety on any appearance bond in this state, unless it
11081274 the company has an order granting authorization to become
11091275 professional surety on any bail. The order granting
11101276 authorization shall be reissued annually prior to January 1 of
11111277 each year by the presiding circuit judge of the county in
11121278 which the company desires to execute bail or appearance bonds.
11131279 Prior to the judge's issuance of the original order and no
11141280 later than December 1 of each year, thereafter, professional
11151281 bail companies shall submit annually to the presiding circuit
11161282 judge the following:
11171283 (1)a. An original corporate surety bond or escrow
11181284 agreement, filed and approved by the presiding circuit judge
11191285 of the county in which the professional bail company executes
11201286 or becomes surety on appearance bonds, in the amount of
11211287 $25,000 twenty-five thousand dollars ($25,000) , guaranteeing
11221288 the payment of all sums of money that may become due by virtue
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11521318 of any judgment absolute that may be rendered against the
11531319 professional bail company on a forfeiture entered by any court
11541320 in the county. Corporate surety bonds shall be executed only
11551321 by a surety company authorized to do business in the State of
11561322 Alabama this state and qualified to write bonds by the
11571323 Department of Insurance. The corporate surety bond shall
11581324 provide that it may be cancelled as to any future liability by
11591325 the corporate surety company or the professional bail company
11601326 giving 30 days prior written notice of the cancellation to the
11611327 clerk of the circuit court in which the bond or instrument was
11621328 filed. A bank in the State of Alabama this state shall be a
11631329 party to all escrow agreements, and those agreements shall
11641330 provide that the agreement may be cancelled as to any future
11651331 liability only by the professional bail company and bank
11661332 giving 30 days prior written notice of the cancellation to the
11671333 clerk of the circuit court in which the escrow agreement or
11681334 instrument is filed. Once a professional bail company has
11691335 filed an original continuous corporate surety bond or escrow
11701336 agreement with the circuit clerk and it has been approved by
11711337 the presiding circuit judge, then the professional bail
11721338 company does not have to file any other original continuous
11731339 corporate surety bond or escrow agreement upon annual
11741340 recertification. The professional bail company shall submit an
11751341 original certificate from the insurance company which executed
11761342 the corporate surety bond reflecting that it is still in force
11771343 or an original letter from the bank stating the escrow
11781344 agreement is still effective and the moneys monies are still
11791345 held in trust. When any professional bail company is annually
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12091375 recertifying, the circuit clerk shall send the original
12101376 corporate surety bond or original escrow agreement with any
12111377 cancellations received by the circuit clerk to the presiding
12121378 circuit judge for review and approval.
12131379 b. Any new original corporate surety bond or escrow
12141380 agreement made after the effective date of the act adding this
12151381 paragraph, in a county with a population of 200,000 or more,
12161382 shall require a surety bond or escrow agreement in the amount
12171383 of fifty thousand dollars ($50,000). This paragraph does not
12181384 affect any corporate surety bond or escrow agreement made
12191385 before the effective date of the act adding this paragraph.
12201386 Current escrow agreements and corporate surety bonds shall
12211387 remain at twenty-five thousand dollars ($25,000) for any
12221388 renewal thereafter.
12231389 (2) An original qualifying power of attorney, letter,
12241390 or other document issued by the professional bail company
12251391 specifying any applicable limitations and specifying the
12261392 agents who are authorized to execute and bind the professional
12271393 bail company to a bail undertaking or to appearance bonds. The
12281394 qualifying power of attorney, letter, or other document may
12291395 only name persons as agents.
12301396 (3) An original affidavit or certificate in writing,
12311397 under oath, executed by an owner or officer of a professional
12321398 bail company, to the clerk of the circuit court of the county
12331399 in which the professional bail company shall execute or become
12341400 surety on appearance bonds which contains all of the
12351401 following:
12361402 a. That all appearance bonds shall be executed in the
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12661432 name of the professional bail company as surety by the agents
12671433 listed or appointed in the qualifying power of attorney,
12681434 letter, or other document presented to the court or any other
12691435 person so named in any future qualifying powers of attorney,
12701436 letters, or documents filed with the circuit clerk of the
12711437 county.
12721438 b. That the professional bail company is qualified to
12731439 do business in this state and its resident address.
12741440 c. That the professional bail company has sufficient
12751441 financial net worth to satisfy its obligations as a surety.
12761442 d. That no person having a direct or indirect financial
12771443 interest in the professional bail company has been convicted
12781444 of a felony or a crime involving moral turpitude.
12791445 Notwithstanding the foregoing, if any person having a direct
12801446 or indirect financial interest in the bonding business has
12811447 been convicted of a felony or a crime involving moral
12821448 turpitude, then the person making the certification shall
12831449 certify that there has been a conviction, provide the name of
12841450 the person convicted, and certify that the person convicted
12851451 has been pardoned or has had a restoration of civil rights.
12861452 e. That the professional bail company has no knowledge
12871453 of any forfeiture that has been made final for more than 30
12881454 days that has not been paid arising out of surety undertakings
12891455 and as to which the professional bail company has no
12901456 petitions, motions, or other litigation matters pending.
12911457 f. That there are no persons, including employees,
12921458 agents, or persons with a financial interest in the
12931459 professional bail company, who, within a period of two years,
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1323-violated this chapter, or any rules adopted by the Supreme
1324-Court governing the qualifications of professional surety or
1325-bail companies.
1326-g. That no employee, agent, or any other person having
1327-a direct or indirect financial interest in the professional
1328-bail company is an attorney, a judicial official, a person
1329-authorized to accept an appearance bond, or an agent of an
1330-attorney, judicial official, or person authorized to accept an
1331-appearance bond.
1332-h. The names and addresses of all officers, employees,
1333-and agents of the professional bail company who have a direct
1334-or indirect financial interest in the professional bail
1335-company and the nature and extent of each interest.
1336-(b) A professional bondsman may not own a professional
1337-bail company until he or she has been licensed as a
1338-professional bondsman for at least three years. If the owner
1339-of a professional bail company dies or becomes completely
1340-incapacitated, as determined by the board, his or her
1341-professional bail bond company may be sold to an unlicensed
1342-individual. The unlicensed individual shall have 90 calendar
1343-days, from date of purchase, to obtain a license and shall
1344-employ a minimum of one employee who has been licensed for at
1345-least three consecutive years. "
1346-"§15-13-164
1347-(a) Any person who becomes surety on any bail for a
1348-defendant in this state and receives something of value or
1349-charges a fee therefor, and who is not authorized as a
1350-professional surety or bail company under this chapter shall
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1380-be guilty of a Class A misdemeanor and, upon conviction, shall
1381-be sentenced in accordance with the laws of this state for
1382-such an offense.
1383-(b) Any defendant, or other individual who provides
1384-false information to the court or to the surety on any bail
1385-bond forms or contracts, shall be guilty of a Class A
1386-misdemeanor and, upon conviction, shall be sentenced in
1387-accordance with the laws of this state.
1388-(c) Any surety who exchanges sexual services in
1389-exchange for bail bond services shall be guilty of a Class C
1390-felony and, upon conviction, shall be sentenced in accordance
1391-with the laws of this state. "
1392-Section 2. Although this bill would have as its purpose
1393-or effect the requirement of a new or increased expenditure of
1394-local funds, the bill is excluded from further requirements
1395-and application under Section 111.05 of the Constitution of
1396-Alabama of 2022, because the bill defines a new crime or
1397-amends the definition of an existing crime.
1398-Section 3. The provisions of this act are severable. If
1399-any part of this act is declared invalid or unconstitutional,
1400-such declaration shall not affect the part which remains.
1401-Section 4. This act shall become effective on the first
1402-day of the third month following its passage and approval by
1403-the Governor, or its otherwise becoming law.
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1429-________________________________________________
1430-President and Presiding Officer of the Senate
1431-________________________________________________
1432-Speaker of the House of Representatives
1433-SB213
1434-Senate 06-Jun-23
1435-I hereby certify that the within Act originated in and passed
1436-the Senate, as amended.
1437-Patrick Harris,
1438-Secretary.
1439-House of Representatives
1440-Amended and passed: 06-Jun-23
1441-Senate concurred in House amendment 06-Jun-23
1442-By: Senator Sessions
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1489+violated this chapter, or any rules adopted by the Supreme
1490+Court governing the qualifications of professional surety or
1491+bail companies.
1492+g. That no employee, agent, or any other person having
1493+a direct or indirect financial interest in the professional
1494+bail company is an attorney, a judicial official, a person
1495+authorized to accept an appearance bond, or an agent of an
1496+attorney, judicial official, or person authorized to accept an
1497+appearance bond.
1498+h. The names and addresses of all officers, employees,
1499+and agents of the professional bail company who have a direct
1500+or indirect financial interest in the professional bail
1501+company and the nature and extent of each interest.
1502+(b) A professional bondsman may not own a professional
1503+bail company until he or she has been licensed as a
1504+professional bondsman for at least three years.
1505+(c) If the owner of a professional bail company dies or
1506+becomes completely incapacitated, as determined by the board,
1507+his or her professional bail company may be sold to an
1508+unlicensed individual. The unlicensed individual shall have 90
1509+calendar days to obtain a license. "
1510+"§15-13-164
1511+(a) Any person who becomes surety on any bail for a
1512+defendant in this state and receives something of value or
1513+charges a fee therefor, and who is not authorized as a
1514+professional surety or bail company under this chapter shall
1515+be guilty of a Class A misdemeanor and, upon conviction, shall
1516+be sentenced in accordance with the laws of this state for
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1546+such an offense.
1547+(b) Any defendant or other individual who contracts
1548+with a surety or court, who provides false information to the
1549+court or to the sureties on any bail bond forms or contracts,
1550+shall be guilty of a Class A misdemeanor and, upon conviction,
1551+shall be sentenced in accordance with the laws of this state
1552+for the offense.
1553+(c) Any surety who exchanges sexual services in
1554+exchange for bail bond services shall be guilty of a Class C
1555+felony and, upon conviction, shall be sentenced in accordance
1556+with the laws of this state for the offense. "
1557+Section 2. Although this bill would have as its purpose
1558+or effect the requirement of a new or increased expenditure of
1559+local funds, the bill is excluded from further requirements
1560+and application under Section 111.05 of the Constitution of
1561+Alabama of 2022, because the bill defines a new crime or
1562+amends the definition of an existing crime.
1563+Section 3. The provisions of this act are severable. If
1564+any part of this act is declared invalid or unconstitutional,
1565+such declaration shall not affect the part which remains.
1566+Section 4. This act shall become effective on the first
1567+day of the third month following its passage and approval by
1568+the Governor, or its otherwise becoming law.
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