Alabama 2024 Regular Session

Alabama House Bill HB16

Introduced
2/6/24  
Introduced
2/6/24  
Report Pass
4/3/24  
Refer
2/6/24  
Refer
4/25/24  
Report Pass
4/3/24  
Report Pass
5/8/24  
Refer
4/25/24  

Caption

Alabama Bail Reform Act of 1993, definition of cash bail revised to allow the court to accept less than the total sum ordered

Impact

By allowing for a reduced cash deposit under judicial discretion, HB 16 could significantly alter how bail is processed in Alabama. Proponents argue that it could improve access to bail for lower-income defendants who might otherwise remain incarcerated simply due to an inability to pay their full bail. This change has the potential to alleviate overcrowding in jails and foster a more equitable criminal justice system. The bill's implementation could influence further reforms and discussions surrounding monetary bail and its implications for justice.

Summary

House Bill 16 aims to amend the Alabama Bail Reform Act of 1993, specifically modifying regulations regarding cash bail. The bill proposes that judicial officers be granted the authority to accept a cash deposit that is less than the total cash bail amount previously ordered. This adjustment seeks to provide more flexibility in the bail system, potentially aiding defendants who may struggle to meet the full bail amount required following their arrest. The bill's introduction reflects ongoing discussions regarding the fairness and efficacy of the current bail process within the state’s judicial system.

Contention

While the bill appears to be a step toward a more compassionate bail system, it is not without its critics. Opponents may express concerns regarding the potential for inconsistency in how judges apply this discretion, questioning whether it may lead to unequal treatment of defendants based on subjective assessments. Furthermore, the balance between judicial discretion and the risks associated with releasing individuals pending trial would likely be a point of contention during legislative discussions. The broader implications of such a reform on public safety and recidivism rates could also generate debate among lawmakers.

Companion Bills

No companion bills found.

Previously Filed As

AL HB42

Alabama Bail Reform Act of 1993, court authorized to accept cash deposit in certain circumstances

AL HB478

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

AL SB213

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

AL HB410

Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year

AL HB466

Bail bonds, cash bail only requirement removed, under certain conditions, arrest and delivery of a defendant further provided, time frames for providing notice and conducting hearings increased in conditional forfeiture proceedings, Bail Bond Reform Act of 1993, Secs. 15-13-103, 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-136, 15-13-137, 15-13-138, 15-13-141, 15-13-145, 15-13-159, 15-13-160, 15-13-164 am'd.

AL SB73

Bail bonds, cash bail only requirement removed, under certain conditions, arrest and delivery of a defendant further provided, time frames for providing notice and conducting hearings increased in conditional forfeiture proceedings, Bail Bond Reform Act of 1993, Secs. 15-13-103, 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-136, 15-13-137, 15-13-138, 15-13-141, 15-13-145, 15-13-159, 15-13-160, 15-13-164 am'd.

AL HB1708

Professions and occupations; bail bondsman; definitions; cash bail bondsman; effective date.

AL HB472

Relating to juvenile court; to amend Sections 12-15-110, 12-15-117, 12-15-203, 12-15-204, 12-15-215, 12-19-171, 12-19-181, 12-19-182, 12-19-311, 12-23-7, 12-23-12, 12-23-13, 13A-5-2, 13A-5-11, 13A-5-12, and 15-23-17, Code of Alabama 1975, to eliminate fines, fees, and court costs in juvenile court and to discharge outstanding fines, fees, and court costs previously ordered by a juvenile court; to eliminate the requirement for certain parents, legal guardians, or legal custodians to pay child support when a child is placed in the legal custody of the department, agency, organization, entity, or person; to repeal Section 12-15-109, Code of Alabama 1975, relating to court orders for maintenance and care of children; and to make nonsubstantive, technical revisions to update the existing code language to current style.

AL SB318

Relating to juvenile court; to amend Sections 12-15-110, 12-15-117, 12-15-203, 12-15-204, 12-15-215, 12-19-171, 12-19-181, 12-19-182, 12-19-311, 12-23-7, 12-23-12, 12-23-13, 13A-5-2, 13A-5-11, 13A-5-12, and 15-23-17, Code of Alabama 1975, to eliminate fines, fees, and court costs in juvenile court and to discharge outstanding fines, fees, and court costs previously ordered by a juvenile court; to eliminate the requirement for certain parents, legal guardians, or legal custodians to pay child support when a child is placed in the legal custody of the department, agency, organization, entity, or person; to repeal Section 12-15-109, Code of Alabama 1975, relating to court orders for maintenance and care of children; and to make nonsubstantive, technical revisions to update the existing code language to current style.1

AL HB476

Bail, further provides for the crime of bail jumping, the exoneration of sureties, and failure to appear

Similar Bills

No similar bills found.