AL
Alabama House Bill HB476

Alabama 2024 Regular Session

Alabama House Bill HB476 Compare Versions

Only one version of the bill is available at this time.
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33 HB476
44 M9ACWHH-1
55 By Representative Stringer
66 RFD: Judiciary
77 First Read: 23-Apr-24
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1212 5 M9ACWHH-1 04/16/2024 THR (L)THR 2024-1475
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1414 First Read: 23-Apr-24
1515 SYNOPSIS:
1616 Under existing law, a person commits the crime
1717 of bail jumping in the second degree if, having been
1818 lawfully released from custody, with or without bail,
1919 upon condition that he or she will subsequently appear
2020 at a specified time and place in connection with a
2121 charge of having committed any misdemeanor or Class C
2222 felony, he or she fails to appear at that time and
2323 place.
2424 This bill would add a Class D felony to the
2525 crime of bail jumping in the second degree.
2626 Under existing law, the arrest and delivery of a
2727 defendant after the entry of a conditional forfeiture
2828 against the surety does not exonerate the surety unless
2929 the court finds good cause for the defendant's failure
3030 to appear.
3131 This bill would provide that a surety is
3232 exonerated if the surety arrests and delivers the
3333 defendant following the entry of a conditional
3434 forfeiture against the surety.
3535 Under existing law, when a defendant fails to
3636 appear in court as required by the undertaking of bail
3737 and no sufficient excuse for the failure to appear has
3838 been provided to the court, the court shall order a
3939 conditional forfeiture and show cause order against a
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6969 conditional forfeiture and show cause order against a
7070 defendant and the sureties of a bond.
7171 This bill would provide that a conditional
7272 forfeiture and show cause order shall be ordered by the
7373 court within 90 days of the defendant's failure to
7474 appear.
7575 Under existing law, a court shall set aside a
7676 conditional forfeiture under specific circumstances.
7777 This bill would provide that a conditional
7878 forfeiture shall be set aside by a court if the surety
7979 arrests a defendant and delivers the defendant to the
8080 authorized jail and the jail refuses to accept the
8181 defendant.
8282 This bill would also provide that a conditional
8383 forfeiture shall be set aside by a court if the offense
8484 is a felony and the surety shows the governing
8585 authorities declined to enter the defendant into the
8686 National Crime Information Center database with
8787 nationwide extradition or declined to proceed with
8888 extradition.
8989 A BILL
9090 TO BE ENTITLED
9191 AN ACT
9292 Relating to crimes and offenses; to amend Section
9393 13A-10-40, Code of Alabama 1975; to further provide for the
9494 crime of bail jumping in the second degree; to amend Sections
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124124 crime of bail jumping in the second degree; to amend Sections
125125 15-13-118, 15-13-131, and 15-13-138, Code of Alabama 1975, as
126126 last amended by Act 2023-476, 2023 Regular Session; to further
127127 provide for the exoneration of sureties; to further provide
128128 for court orders following failure to appear; and to further
129129 provide for conditional forfeitures.
130130 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
131131 Section 1. Section 13A-10-40, Code of Alabama 1975, is
132132 amended to read as follows:
133133 "§13A-10-40
134134 (a) A person commits the crime of bail jumping in the
135135 second degree if, having been lawfully released from custody,
136136 with or without bail, upon condition that he or she will
137137 subsequently appear at a specified time and place in
138138 connection with a charge of his having committed any
139139 misdemeanor, Class D felony, or Class C felony, he or she
140140 fails to appear at that time and place.
141141 (b) It is a defense to prosecution under this section
142142 that the defendant's failure to appear was unintentional or
143143 was unavoidable and due to circumstances beyond his or her
144144 control. The burden of injecting the defense of an
145145 unintentional failure to appear, or unavoidability and
146146 circumstances beyond his or her control, is on the defendant.
147147 (c) This section does not apply to a person released
148148 from custody on condition that he or she will appear in
149149 connection with a charge of having committed a misdemeanor in
150150 violation of Title 32 of this Code.
151151 (d) Bail jumping in the second degree is a Class A
152152 misdemeanor."
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182182 misdemeanor."
183183 Section 2. Sections 15-13-118, 15-13-131, and
184184 15-13-138, Code of Alabama 1975, as last amended by Act
185185 2023-476, 2023 Regular Session, are amended to read as
186186 follows:
187187 "§15-13-118
188188 After the entry of a conditional forfeiture against any
189189 surety on an undertaking of bail, the surety may arrest the
190190 defendant as provided in Section 15-13-117, and the arrest and
191191 delivery of the defendant to the authorized jail as stated in
192192 Section 15-13-117 shall not exonerate the surety unless, in
193193 the judgment of the court, a good and sufficient cause is
194194 given for the failure of the defendant to appear at the time
195195 the conditional judgement was entered ."
196196 "§15-13-131
197197 (a) When a defendant fails to appear in court as
198198 required by the undertaking of bail and no sufficient excuse
199199 has been provided to the court prior to the hearing, the court
200200 shall order a conditional forfeiture and show cause order
201201 against the defendant and the sureties of the bail within 90
202202 days of the defendant's failure to appear . The court shall
203203 notify the defendant and the sureties of the order as set out
204204 in this article. The defendant or, sureties, or both, shall
205205 file a written response with the clerk of the court within 30
206206 days after the date of service of the notice why the bond
207207 should not be forfeited. If a written response is filed within
208208 the time allowed and the court is of the opinion the written
209209 response is sufficient, the court shall set aside the
210210 conditional forfeiture. If the court is of the opinion the
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240240 conditional forfeiture. If the court is of the opinion the
241241 written response is not sufficient, the court shall set a
242242 hearing to determine whether the bond should be forfeited. The
243243 hearing shall not be set less than 120 days after the service
244244 of the conditional forfeiture order. If no written response
245245 has been filed after 30 days from the date of service of the
246246 notice, the court may enter an appropriate order or final
247247 judgment forfeiting all or part of the amount of the bond
248248 which shall be enforceable as any civil judgment. The court
249249 may take into consideration the circumstances provided to the
250250 court and continue any final forfeiture hearing to another day
251251 and time allowing the sureties more time to apprehend the
252252 defendant.
253253 (b) When an undertaking of bail is forfeited by the
254254 failure of the defendant to appear as required, except when
255255 money is deposited as cash bail, a conditional judgment shall
256256 be rendered by the court in favor of the state or its
257257 subdivisions, for the use of the proper city, county, or
258258 state, against the parties to the undertaking for the sum
259259 thereon expressed, which judgment may be substantially as
260260 follows:
261261 (State of or City of) Charge: _______vs Case No.
262262 ______A.B.___________ C.D.___________ E.F.
263263 (Sureties)__________
264264 It being known to the court that A.B., together with
265265 (Sureties) _____ , agreed to pay the State of Alabama (or City
266266 of _____,) _____ dollars (the sum specified in the
267267 undertaking), unless A.B. appeared at the time and place
268268 mentioned and fixed in the bond or undertaking to answer in
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298298 mentioned and fixed in the bond or undertaking to answer in
299299 this case and A.B. having failed to appear at the time and
300300 place mentioned in the bond or undertaking, it is therefore
301301 ordered by the court that the State of Alabama (or City of
302302 _____,) for the use of _____ State (or City), recover of the
303303 defendant and sureties on the undertakings, the sum of _____
304304 dollars (the sum specified in the undertaking), unless they
305305 file a written response and show cause why this judgment
306306 should not be made absolute within 30 days after the date of
307307 service of this conditional forfeiture order.
308308 (c) The state shall remit one-half of the funds it
309309 receives under subsections (a) and (b) to the county in which
310310 the defendant was charged. The funds shall be deposited into
311311 the general fund of the county and used for the maintenance
312312 and operation of the county jail."
313313 "§15-13-138
314314 The court shall set aside the conditional forfeiture in
315315 its entirety for the following reasons or under the following
316316 circumstances:
317317 (1) If the sureties can show that the defendant was
318318 hospitalized at the time he or she was to appear in court, or
319319 if the sureties can produce sufficient evidence that the
320320 defendant was not able to attend court for reason of illness,
321321 by producing a doctor's certificate or letter to that effect.
322322 The hospitalization may be in or out of this state. For the
323323 sureties to take advantage of this subdivision, they shall put
324324 the court on notice that the situation exists either prior to
325325 the issuance of the conditional forfeiture order or within 30
326326 days after legal service of the conditional forfeiture on the
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356356 days after legal service of the conditional forfeiture on the
357357 sureties. After receiving notice, the court may continue the
358358 case to a future date it deems proper and just for the
359359 defendant to appear. If at that time the defendant is still
360360 not able to attend court for the same reason, then it shall be
361361 the burden of the sureties to produce the evidence within the
362362 same prescribed time. This section does not bar the court from
363363 the issuance of a bench warrant for the defendant in cases
364364 where the court feels that documents of proof do not reflect
365365 the truth, or where the court has reason to believe the
366366 defendant may appear and he or she is using the documents of
367367 proof as an excuse to avoid appearance.
368368 (2) If the sureties show that the defendant was
369369 confined in jail or in the custody of another jurisdiction in
370370 this state or any other state, at the time of his or her
371371 original appearance or on the date of the issuance of the
372372 conditional forfeiture order, or if the surety shows that the
373373 defendant is still confined in any jail in this state or any
374374 other state, or in the custody of another jurisdiction within
375375 this state or any other state, or in the custody of another
376376 jurisdiction within the continental United States, including
377377 United States federal jurisdiction, the court shall set aside
378378 the conditional forfeiture and continue the case until a time
379379 after the end of that confinement. If the court later learns
380380 that the defendant is free from confinement before the
381381 confinement was supposed to end, then the court, with notice
382382 to the sureties, may reset the case and the burden shall be on
383383 the sureties to produce the defendant for the hearing or the
384384 court may issue another conditional forfeiture.
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414414 court may issue another conditional forfeiture.
415415 (3) If the sureties show the defendant is deceased.
416416 (4) If the sureties show the defendant was serving on
417417 active duty in one of the military services of the United
418418 States.
419419 (5) If the sureties arrest the defendant and deliver
420420 the defendant to the authorized jail and the jail refuses to
421421 accept the defendant.
422422 (6) If the sureties show that the governing authorities
423423 declined to enter the defendant into the National Crime
424424 Information Center database with nationwide extradition or
425425 declined to proceed with extradition. This subdivision shall
426426 only apply to bail involving a felony. The court may include
427427 the cost of extradition as a court cost upon the disposition
428428 of the case."
429429 Section 2.Section 3. This act shall become effective on
430430 October 1, 2024.
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