Alabama 2025 Regular Session

Alabama House Bill HB410 Compare Versions

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

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1	1	HB410INTRODUCED
2	2	Page 0
3	3	HB410
4	4	ARRWASS-1
5	5	By Representative Stringer
6	6	RFD: Judiciary
7	7	First Read: 06-Mar-25
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12	12	5 ARRWASS-1 03/06/2025 KMS (L)cr 2025-1069
13	13	Page 1
14	14	First Read: 06-Mar-25
15	15	SYNOPSIS:
16	16	Under existing law, the Alabama Professional
17	17	Bail Bonding Board, through the Alabama Bail Reform Act
18	18	of 1993, and the Alabama Bail Bond Regulatory Act, is
19	19	responsible for regulating professional bail bond
20	20	companies and professional surety companies operating
21	21	in this state.
22	22	This bill would provide for the dismissal of
23	23	certain fees that have not been deposited or collected
24	24	within a certain time frame.
25	25	This bill would increase the penalties for the
26	26	crime of bail jumping.
27	27	This bill would provide further for conditional
28	28	forfeitures and for the requirements of out-of-state
29	29	bondsmen and sureties.
30	30	This bill would provide further for the
31	31	limitations on property owners to act as sureties.
32	32	This bill would provide further for the
33	33	definition of an employee of a professional bail bond
34	34	company or professional surety company and for the
35	35	licensing and duties of apprentices.
36	36	This bill would increase the membership of the
37	37	Alabama Professional Bail Bonding Board, would provide
38	38	for a late fee for certain license renewals, and would
39	39	require applicants for licensing to prove residency in
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67	67	28 HB410 INTRODUCED
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69	69	require applicants for licensing to prove residency in
70	70	this state for at least one year before licensing.
71	71	A BILL
72	72	TO BE ENTITLED
73	73	AN ACT
74	74	Relating to court finances, bail jumping, the Alabama
75	75	Bail Reform Act of 1993, and the Alabama Bail Bond Regulatory
76	76	Act; to amend Sections 12-19-311, 13A-10-40, 15-13-118,
77	77	15-13-129, 15-13-131, 15-13-138, 15-13-155, 15-13-159,
78	78	15-13-160, 15-13-201, 15-13-202, 15-13-203, 15-13-205,
79	79	15-13-210, 15-13-211, and 15-13-217, Code of Alabama 1975; to
80	80	provide for the dismissal of certain fees; to increase the
81	81	penalties for the crime of bail jumping; to provide further
82	82	for conditional forfeitures; to provide further for the
83	83	requirements of out-of-state bondsmen and sureties; to provide
84	84	further for limitations on property owners as sureties; to
85	85	provide further for the definition of an employee of a
86	86	professional bail company or professional surety company; to
87	87	provide further for the licensing and duties of apprentices;
88	88	to increase the membership of the Alabama Professional Bail
89	89	Bonding Board; to provide for a late fee for renewals; and to
90	90	require applicants for licensing to residents of this state
91	91	for at least one year.
92	92	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
93	93	Section 1. Sections 12-19-311, 13A-10-40, 15-13-118,
94	94	15-13-129, 15-13-131, 15-13-138, 15-13-155, 15-13-159,
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124	124	15-13-129, 15-13-131, 15-13-138, 15-13-155, 15-13-159,
125	125	15-13-160, 15-13-201, 15-13-202, 15-13-203, 15-13-205,
126	126	15-13-210, 15-13-211, and 15-13-217 of the Code of Alabama
127	127	1975, are amended to read as follows:
128	128	"§12-19-311
129	129	(a)(1) In addition to all other charges, costs, taxes,
130	130	or fees levied by law on bail bonds, additional fees as
131	131	detailed in paragraph a. and paragraph b. shall be imposed on
132	132	every bail bond in all courts of this state.
133	133	The fee shall not be assessed in traffic cases, except
134	134	for those serious traffic offenses enumerated in Title 32,
135	135	Chapter 5A, Article 9 of Chapter 5A, Title 32 . Where multiple
136	136	charges arise out of the same incident, the bond fee pursuant
137	137	to this section shall only be assessed on one charge. For the
138	138	purposes of this section, the term "same incident" shall be
139	139	defined as the same date, location, and proximate time. Where
140	140	the charge is negotiating a worthless negotiable instrument,
141	141	the fee shall not be assessed more than three times annually
142	142	per person charged. The fees shall be assessed as follows:
143	143	a. A filing fee in the amount of thirty-five dollars
144	144	($35) on each bond executed.
145	145	b. For a misdemeanor offense, a bail bond fee in the
146	146	amount of 3.5 percent of the total face value of the bail bond
147	147	or one hundred dollars ($100), whichever is greater, but not
148	148	to exceed four hundred fifty dollars ($450). For a felony
149	149	offense, a bail bond fee of 3.5 percent of the total face
150	150	value of the bail bond or one hundred fifty dollars ($150),
151	151	whichever is greater, but not to exceed seven hundred fifty
152	152	dollars ($750). Except that if a person is released on a
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182	182	dollars ($750). Except that if a person is released on a
183	183	judicial public bail, recognizance, or signature bond,
184	184	including a bond on electronic traffic and nontraffic
185	185	citations, the fee shall be affixed at twenty-five dollars
186	186	($25). For purposes of this section, face value of bond shall
187	187	mean the bond amount set by court or other authority at
188	188	release, not the amount posted at release on bail.
189	189	(2) The fees assessed pursuant to paragraph (1)a. of
190	190	subdivision (1) of subsection (a) are required whether the
191	191	release from confinement or admittance to bail is based on
192	192	cash, judicial public bail, personal recognizance, a signature
193	193	bond, including a bond on electronic traffic and nontraffic
194	194	citations for those serious traffic offenses enumerated in
195	195	Title 32, Chapter 5A, Article 9 of Chapter 5A, Title 32 , an
196	196	appearance bond, a secured appearance bond utilizing security,
197	197	a bond executed by a professional surety company, or a
198	198	professional bail company using professional bondsmen;
199	199	provided, however , that no fee shall be assessed pursuant to
200	200	paragraph (1)a. of subdivision (1) of subsection (a) if a
201	201	person is released on judicial public bail or on personal
202	202	recognizance for a documented medical reason. The fee shall be
203	203	assessed at the issuance, reissuance, or reinstatement of the
204	204	bond.
205	205	(b) The fee in paragraph (a)(1)a. of subdivision (1) of
206	206	subsection (a) shall be collected by either the official
207	207	executing the bond or by the clerk of the court. If the fee is
208	208	collected by the official executing the bond, it shall be
209	209	collected at the execution of the bond or at the time of
210	210	release. If the fee is collected by the clerk of the court, it
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240	240	release. If the fee is collected by the clerk of the court, it
241	241	shall be collected at the execution of the bond, at the time
242	242	of release, or within two business days of release. The fee
243	243	may be remitted via money order, electronic means, U.S. mail
244	244	to the court clerk postmarked within 48 hours of release, or
245	245	by any other method approved by the sheriff. If the fee is
246	246	collected by an official other than the clerk of the court,
247	247	the official shall remit the fee to the clerk of the court,
248	248	attached to the executed bond, within 30 days or upon
249	249	adjudication or conviction of the underlying offense,
250	250	whichever occurs first; if the fee is not collected by the
251	251	official, the official shall provide documentation of the
252	252	nonpayment, attached to the executed bond, to the clerk of the
253	253	court within two business days. The clerk of the court may
254	254	accept the payment of the fee if the clerk has the executed
255	255	bond, together with proof of nonpayment and charging
256	256	instrument, in hand. This fee shall be paid by the bondsman,
257	257	surety, guaranty, or person signing as surety for the
258	258	undertaking of bail. If the person is released on own
259	259	recognizance, judicial public bail, or non-custodial offense
260	260	pursuant to Rule 20 of the Alabama Rules of Judicial
261	261	Administration, the fee shall be assessed at the time of
262	262	adjudication or at the time that any other fees and costs are
263	263	assessed.
264	264	(c) Upon the failure to pay the fee in paragraph
265	265	(a)(1)a. of subdivision (1) of subsection (a) and upon a
266	266	finding of contempt in subsection (d), the bondsman, surety,
267	267	guaranty, or individuals required to pay the fee shall be
268	268	punished by a fine of not less than five hundred dollars
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298	298	punished by a fine of not less than five hundred dollars
299	299	($500) in addition to the fee imposed in paragraph (a)(1)a. of
300	300	subdivision (1) of subsection (a). The fine shall not be
301	301	remitted, waived, or reduced unless the person(s) person or
302	302	persons fined can show cause to the court that he or she
303	303	cannot pay the fine in the reasonably foreseeable future. In
304	304	addition, upon a finding of contempt, if the responsible party
305	305	is a professional surety company or a professional bail
306	306	company or otherwise operating as a bondsman under Alabama
307	307	law, the presiding judge may revoke the entity or individual's
308	308	authority to write or issue bonds pursuant to Section
309	309	15-13-159 or 15-13-160 until such time as the payment is
310	310	rendered in full.
311	311	(d) If the fee in paragraph (a)(1)a. of subdivision (1)
312	312	of subsection (a) is not paid in full within 30 days, the
313	313	clerk of the court shall provide notification of the
314	314	delinquency to the district attorney or prosecuting attorney
315	315	on a monthly basis. Upon receipt of the certification of
316	316	delinquency or failure to pay from the court, the district
317	317	attorney or prosecuting attorney may take appropriate action
318	318	which may include, but shall not be limited to, contempt
319	319	proceedings. If contempt proceedings are initiated , the
320	320	district attorney or prosecuting attorney shall send notice by
321	321	U.S. Mailmail to the last known address of the person charged
322	322	with the crime, bondsman, surety, guaranty, or person signing
323	323	as surety for the undertaking of bail of the failure to pay
324	324	and provide them 10 days to remit payment in full pursuant to
325	325	this section. If the surety is the person charged with the
326	326	crime where the fee applies, the district attorney or
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356	356	crime where the fee applies, the district attorney or
357	357	prosecuting attorney may file a petition for contempt and the
358	358	court shall set the contempt hearing on the person's next
359	359	regularly scheduled court appearance. If the surety is not the
360	360	person charged with the crime , the district attorney or
361	361	prosecuting attorney may file a petition for contempt with the
362	362	court, which may, after hearing, find the bondsman, surety,
363	363	guaranty, or person signing as surety the undertaking of bail
364	364	in contempt. The municipal court clerk shall provide a list to
365	365	the prosecuting attorney and district attorney every 60 days
366	366	that shall include, but not be limited to, the name of every
367	367	person who has failed to pay the fee, the municipal case
368	368	number, and the name of the person signing as surety for the
369	369	undertaking bail. If the prosecuting authority of the
370	370	municipality does not initiate contempt proceedings pursuant
371	371	to this section within 30 days of receiving notice from the
372	372	clerk of the court, the district attorney with jurisdiction
373	373	may file the contempt petition in the municipal court. If the
374	374	district attorney initiates contempt proceedings in a
375	375	municipal case and the person is found in contempt, the fine
376	376	shall be distributed as follows: 50 % percent to the general
377	377	fund of the municipality and 50 % percent to the district
378	378	attorney Solicitor's Fund solicitor's fund .
379	379	(e)(1) The fee imposed on bail bonds under paragraph
380	380	(a)(1)b. of subdivision (1) of subsection (a) shall be
381	381	assessed to the defendant and be imposed by the court when the
382	382	defendant appears in court for adjudication or sentencing.
383	383	(2) Notwithstanding (e) subdivision (1), if the bail
384	384	bond has been secured by cash, the conditions of release have
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414	414	bond has been secured by cash, the conditions of release have
415	415	been performed, and the defendant has been discharged from all
416	416	obligations of the bond, or if the cash bail bond is
417	417	forfeited, the clerk of the court shall, unless otherwise
418	418	ordered by the court, shall retain as the bail bond fee the
419	419	amount pursuant to paragraph (a)(1)b. of subdivision (1) of
420	420	subsection (a) and disburse the remainder as provided by law.
421	421	(3) Notwithstanding (e) subdivision (1), if the
422	422	property bail bond has been secured, the conditions of release
423	423	have been performed , and the defendant has been discharged or
424	424	released from all obligations of the bond, or if the property
425	425	bail bond is forfeited, then the bond shall be reduced to the
426	426	bail bond fee amount pursuant to paragraph (a)(1)b. of
427	427	subdivision (1) of subsection (a) and the property shall not
428	428	be discharged or released by the court until the bail bond fee
429	429	pursuant to paragraph (a)(1)b. of subdivision (1) of
430	430	subsection (a) has been paid in full.
431	431	(4) The fees shall be collected pursuant to paragraph
432	432	(a)(1)b. of subdivision (1) of subsection (a) by the clerk of
433	433	the court. The fees pursuant to this section shall not be
434	434	remitted, waived, or reduced unless the defendant proves to
435	435	the reasonable satisfaction of the sentencing judge that the
436	436	defendant is not capable of paying the same within the
437	437	reasonably foreseeable future. The fees pursuant to this
438	438	section shall not be remitted, waived, or reduced unless all
439	439	other costs, fees, and charges of court are remitted or
440	440	waived.
441	441	(5) The fees shall not reduce or affect the funds
442	442	allocated to the office of the court clerk, the sheriff, the
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472	472	allocated to the office of the court clerk, the sheriff, the
473	473	municipality, the district attorney, or the Alabama Department
474	474	of Forensic Sciences under any local act or other funding
475	475	mechanism under the law. These funds shall be in addition to
476	476	and not in lieu of any funds currently available to the office
477	477	of the court clerk, sheriff, municipality, the district
478	478	attorney, and the Alabama Department of Forensic Sciences.
479	479	(f) The court clerks shall distribute on a monthly
480	480	basis as other fees are distributed, the fees collected
481	481	pursuant to paragraph (a)(1)a. of subdivision (1) of
482	482	subsection (a) as follows: Ten percent from each fee shall be
483	483	distributed either to the county general fund to be earmarked
484	484	and distributed to the Sheriff's Fund sheriff's fund,
485	485	administered by the sheriff, in the county where the bond was
486	486	executed or, where the bond is executed by the municipality,
487	487	to the municipality; 45 percent of the fee to the court
488	488	clerk's fund where the bond was executed or where the bond is
489	489	executed by the municipal court, to the municipality; 45
490	490	percent of the fee to the Solicitor's Fund solicitor's fund in
491	491	the county where the bond was executed. The bail bond fee
492	492	records shall be audited by the Department of Examiners of
493	493	Public Accounts.
494	494	(g) The court clerks shall distribute on a monthly
495	495	basis as other fees are distributed, the fees collected
496	496	pursuant to paragraph (a)(1)b. of subdivision (1) of
497	497	subsection (a) as follows: Twenty-one dollars and fifty cents
498	498	($21.50) from each fee shall be distributed to the county
499	499	general fund which shall be earmarked and distributed to the
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530	530	Sheriff's Fund sheriff's fund, administered by the sheriff, in
531	531	the county where the bond was executed or, where the bond was
532	532	executed by a municipality, to the municipality; 40 percent of
533	533	the remainder of the fee to the court clerk's fund where the
534	534	bond was executed or where the bond is executed by the
535	535	municipal court, to the municipality; 45 percent of the
536	536	remainder of the fee to the Solicitor's Fund solicitor's fund
537	537	in the county where the bond was executed; five percent to the
538	538	State General Fund and ten10 percent to the Alabama Forensic
539	539	Services Trust Fund. The bail bond fee records shall be
540	540	audited by the Department of Examiners of Public Accounts.
541	541	(h) Bail bond fees that have been paid by check or
542	542	money order, have not been deposited, and have an expiration
543	543	date that has passed by more than 90 days shall be deemed
544	544	uncollected and the payee shall not be responsible for
545	545	replacement of the amount of the check or money order.
546	546	(i) Bail bond fees on bail bonds that have not been
547	547	attempted to be collected from the court or district attorney
548	548	after one year from the original due date shall no longer be
549	549	considered due and that cost shall be set aside. "
550	550	"§13A-10-40
551	551	(a) A person commits the crime of bail jumping in the
552	552	second degree if, having been lawfully released from custody,
553	553	with or without bail, upon condition that he or she will
554	554	subsequently appear at a specified time and place in
555	555	connection with a charge of his or her having committed any
556	556	misdemeanor or Class C felony, he the person fails to appear
557	557	at that time and place.
558	558	(b) It is a defense to prosecution under this section
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588	588	(b) It is a defense to prosecution under this section
589	589	that the defendant's failure to appear was unintentional or
590	590	was unavoidable and due to circumstances beyond his or her
591	591	control. The burden of injecting the defense of an
592	592	unintentional failure to appear, or unavoidability and
593	593	circumstances beyond his or her control, is on the defendant.
594	594	(c) This section does not apply to a person released
595	595	from custody on condition that he or she will appear in
596	596	connection with a charge of having committed a misdemeanor in
597	597	violation of Title 32 of this Code.
598	598	(d) Bail jumping in the second degree is a Class A
599	599	misdemeanor D felony."
600	600	"§15-13-118
601	601	After the entry of a conditional forfeiture against any
602	602	surety on an undertaking of bail, the surety may arrest the
603	603	defendant as provided in Section 15-13-117, and the arrest and
604	604	delivery of the defendant to the authorized jail as stated in
605	605	Section 15-13-117 shall not exonerate the surety unless, in
606	606	the judgment of the court, a good and sufficient cause is
607	607	given for the failure of the defendant to appear at the time
608	608	the conditional judgement was entered ."
609	609	"§15-13-129
610	610	All out-of-state bondsmen or sureties from out of the
611	611	State of Alabama who come to this state to make an arrest
612	612	shall be exempt from having a bondsman's process to arrest a
613	613	person for which he or she is a surety on bail in another
614	614	state; but he or she shall have a certified copy of the
615	615	undertaking of bail for which he or she is surety , shall be
616	616	accompanied by a licensee of the Alabama Professional Bail
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634	634	298
635	635	299
636	636	300
637	637	301
638	638	302
639	639	303
640	640	304
641	641	305
642	642	306
643	643	307
644	644	308 HB410 INTRODUCED
645	645	Page 12
646	646	accompanied by a licensee of the Alabama Professional Bail
647	647	Bonding Board, and shall notify law enforcement for the area
648	648	where he or she plans to arrest the defendant . His or her
649	649	right to arrest shall otherwise be in conformity with the
650	650	common law."
651	651	"§15-13-131
652	652	(a) When a defendant fails to appear in court as
653	653	required by the undertaking of bail and no sufficient excuse
654	654	has been provided to the court prior to the hearing, the court
655	655	shall order a conditional forfeiture and show cause order
656	656	against the defendant and the sureties of the bail within 90
657	657	days after the defendant's failure to appear date . The court
658	658	shall notify the defendant and sureties of the order as set
659	659	out in this article. The defendant or sureties, or both, shall
660	660	file a written response with the clerk of the court within 30
661	661	days after the date of service of the notice as to why the
662	662	bond should not be forfeited. If a written response is filed
663	663	within the time allowed and the court is of the opinion the
664	664	written response is sufficient, the court shall set aside the
665	665	conditional forfeiture. If the court is of the opinion the
666	666	written response is not sufficient, the court shall set a
667	667	hearing to determine whether the bond should be forfeited. The
668	668	hearing shall not be set less than 120 days after the service
669	669	of the conditional forfeiture order. If no written response
670	670	has been filed after 30 days from the date of service of the
671	671	notice, the court may enter an appropriate order or final
672	672	judgment forfeiting all or part of the amount of the bond
673	673	which shall be enforceable as any civil judgment. The court
674	674	may take into consideration the circumstances provided to the
675	675	309
676	676	310
677	677	311
678	678	312
679	679	313
680	680	314
681	681	315
682	682	316
683	683	317
684	684	318
685	685	319
686	686	320
687	687	321
688	688	322
689	689	323
690	690	324
691	691	325
692	692	326
693	693	327
694	694	328
695	695	329
696	696	330
697	697	331
698	698	332
699	699	333
700	700	334
701	701	335
702	702	336 HB410 INTRODUCED
703	703	Page 13
704	704	may take into consideration the circumstances provided to the
705	705	court and continue any final forfeiture hearing to another day
706	706	and time allowing the sureties more time to apprehend the
707	707	defendant.
708	708	(b) When an undertaking of bail is forfeited by the
709	709	failure of the defendant to appear as required, except when
710	710	money is deposited as cash bail, a conditional judgment shall
711	711	be rendered by the court in favor of the state or its
712	712	subdivisions, for the use of the proper city, county, or
713	713	state, against the parties to the undertaking for the sum
714	714	thereon expressed, which judgment may be substantially as
715	715	follows:
716	716	(State of or City of) Charge: _______vs Case No.
717	717	______A.B.___________ C.D.___________ E.F.
718	718	(Sureties)__________
719	719	It being known to the court that A.B., together with
720	720	(Sureties) _____ , agreed to pay the State of Alabama (or City
721	721	of _____,) _____ dollars (the sum specified in the
722	722	undertaking), unless A.B. appeared at the time and place
723	723	mentioned and fixed in the bond or undertaking to answer in
724	724	this case and A.B. having failed to appear at the time and
725	725	place mentioned in the bond or undertaking, it is therefore
726	726	ordered by the court that the State of Alabama (or City of
727	727	_____,) for the use of _____ State (or City), recover of the
728	728	defendant and sureties on the undertakings, the sum of _____
729	729	dollars (the sum specified in the undertaking), unless they
730	730	file a written response and show cause why this judgment
731	731	should not be made absolute within 30 days after the date of
732	732	service of this conditional forfeiture order.
733	733	337
734	734	338
735	735	339
736	736	340
737	737	341
738	738	342
739	739	343
740	740	344
741	741	345
742	742	346
743	743	347
744	744	348
745	745	349
746	746	350
747	747	351
748	748	352
749	749	353
750	750	354
751	751	355
752	752	356
753	753	357
754	754	358
755	755	359
756	756	360
757	757	361
758	758	362
759	759	363
760	760	364 HB410 INTRODUCED
761	761	Page 14
762	762	service of this conditional forfeiture order.
763	763	(c) The state shall remit one-half of the funds it
764	764	receives under subsections (a) and (b) to the county in which
765	765	the defendant was charged. The funds shall be deposited into
766	766	the general fund of the county and used for the maintenance
767	767	and operation of the county jail."
768	768	"§15-13-138
769	769	The court shall set aside the conditional forfeiture in
770	770	its entirety for the following reasons or under the following
771	771	circumstances:
772	772	(1) If the sureties can show that the defendant was
773	773	hospitalized at the time he or she was to appear in court, or
774	774	if the sureties can produce sufficient evidence that the
775	775	defendant was not able to attend court for reason of illness,
776	776	by producing a doctor's certificate or letter to that effect.
777	777	The hospitalization may be in or out of this state. For the
778	778	sureties to take advantage of this subdivision, they shall put
779	779	the court on notice that the situation exists either prior to
780	780	the issuance of the conditional forfeiture order or within 30
781	781	days after legal service of the conditional forfeiture on the
782	782	sureties. After receiving notice, the court may continue the
783	783	case to a future date it deems proper and just for the
784	784	defendant to appear. If , at that time, the defendant is still
785	785	not able to attend court for the same reason, then it shall be
786	786	the burden of the sureties to produce the evidence within the
787	787	same prescribed time. This section does not bar the court from
788	788	the issuance of a bench warrant for the defendant in cases
789	789	where the court feels that documents of proof do not reflect
790	790	the truth, or where the court has reason to believe the
791	791	365
792	792	366
793	793	367
794	794	368
795	795	369
796	796	370
797	797	371
798	798	372
799	799	373
800	800	374
801	801	375
802	802	376
803	803	377
804	804	378
805	805	379
806	806	380
807	807	381
808	808	382
809	809	383
810	810	384
811	811	385
812	812	386
813	813	387
814	814	388
815	815	389
816	816	390
817	817	391
818	818	392 HB410 INTRODUCED
819	819	Page 15
820	820	the truth, or where the court has reason to believe the
821	821	defendant may appear and he or she is using the documents of
822	822	proof as an excuse to avoid appearance.
823	823	(2) If the sureties show file notice of the defendant's
824	824	whereabouts with the court that the defendant was confined in
825	825	jail or in the custody of another jurisdiction in this state
826	826	or any other state, at the time of his or her original
827	827	appearance or on the date of the issuance of the conditional
828	828	forfeiture order, or if the surety shows that the defendant is
829	829	still confined in any jail in this state or any other state,
830	830	or in the custody of another jurisdiction within this state or
831	831	any other state, or in the custody of another jurisdiction
832	832	within the continental United States, including United States
833	833	federal jurisdiction, the court shall set aside the
834	834	conditional forfeiture and continue the case until a time
835	835	after the end of that confinement. If the court later learns
836	836	that the defendant is free from confinement before the
837	837	confinement was supposed to end, then the court, with notice
838	838	to the sureties, may reset the case and the burden shall be on
839	839	the sureties to produce the defendant for the hearing or the
840	840	court may issue another conditional forfeiture.
841	841	(3) If the sureties show the defendant is deceased.
842	842	(4) If the sureties show the defendant was serving on
843	843	active duty in one of the military services of the United
844	844	States.
845	845	(5) If the surety arrests the defendant and delivers
846	846	the defendant to the authorized jail and the jail refuses to
847	847	accept defendant.
848	848	(6) If a defendant has failed to appear before the
849	849	393
850	850	394
851	851	395
852	852	396
853	853	397
854	854	398
855	855	399
856	856	400
857	857	401
858	858	402
859	859	403
860	860	404
861	861	405
862	862	406
863	863	407
864	864	408
865	865	409
866	866	410
867	867	411
868	868	412
869	869	413
870	870	414
871	871	415
872	872	416
873	873	417
874	874	418
875	875	419
876	876	420 HB410 INTRODUCED
877	877	Page 16
878	878	(6) If a defendant has failed to appear before the
879	879	court and the governing authorities decline to enter the
880	880	defendant into the National Crime Information Center database
881	881	with nationwide extradition on the felony charge or the surety
882	882	is not given the option of transporting the defendant or being
883	883	allowed to pay the costs of extradition the surety shall be
884	884	discharged. The defendant shall be charged the costs of
885	885	extradition and those costs shall be reimbursed to the surety
886	886	or governing authority which paid the cost. "
887	887	"§15-13-155
888	888	(a) A property owner shall not execute or become surety
889	889	for more than four different persons in any one year, other
890	890	than immediate family members, unless the property owner
891	891	qualifies and meets the requirements set out in this article
892	892	for professional surety or professional bail companies. A
893	893	property owner who becomes surety on bail in accordance with
894	894	this article may not charge a fee or receive anything of value
895	895	as a consideration thereof.
896	896	(b) If a parcel of real property is pledged as surety
897	897	on a bond, that same parcel of real property may not be
898	898	pledged as surety again until the earlier case is concluded.
899	899	(c) A property owner who charges a fee or collects
900	900	anything of value for the use of his or her property as surety
901	901	shall be guilty of a Class A misdemeanor. "
902	902	"§15-13-159
903	903	No professional surety company shall execute or become
904	904	surety on any appearance bond in this state, unless it has an
905	905	order granting authorization to become professional surety on
906	906	any bail. The order granting the authorization shall be
907	907	421
908	908	422
909	909	423
910	910	424
911	911	425
912	912	426
913	913	427
914	914	428
915	915	429
916	916	430
917	917	431
918	918	432
919	919	433
920	920	434
921	921	435
922	922	436
923	923	437
924	924	438
925	925	439
926	926	440
927	927	441
928	928	442
929	929	443
930	930	444
931	931	445
932	932	446
933	933	447
934	934	448 HB410 INTRODUCED
935	935	Page 17
936	936	any bail. The order granting the authorization shall be
937	937	reissued annually, prior to January 1 of each year, by the
938	938	presiding circuit judge of the county in which the company
939	939	desires to execute bail or appearance bonds. A new applicant
940	940	to become a professional surety company shall be approved or
941	941	denied within 90 days after application. Prior to the judge's
942	942	issuance of the original order and no later than December 1 of
943	943	each year, thereafter, professional surety companies shall
944	944	submit annually to the presiding circuit judge the following:
945	945	(1) An original or certified copy of a certificate of
946	946	authority or certificate of compliance from the Department of
947	947	Insurance reflecting that the company is qualified to write a
948	948	bail line of insurance and that the company is in good
949	949	standing with the department.
950	950	(2) An original qualifying power of attorney issued by
951	951	the professional surety company, specifying any applicable
952	952	limitations and the names of the agents that may execute and
953	953	bind the company to a bail undertaking. The qualifying power
954	954	of attorney shall not name any company, corporation, or other
955	955	entity as an agent except a person as defined as a
956	956	professional bondsman in Section 15-13-101 of Division 1,
957	957	Section 15-13-100, and that person shall be an agent of the
958	958	company licensed with the Department of Insurance.
959	959	(3) A copy of the license issued by the Department of
960	960	Insurance of each agent who is named in or appointed by the
961	961	qualifying power of attorney in subdivision (2) or a letter or
962	962	other documentation from the department indicating that the
963	963	appointed agents are temporarily licensed as agents of the
964	964	professional surety company for those lines of insurance.
965	965	449
966	966	450
967	967	451
968	968	452
969	969	453
970	970	454
971	971	455
972	972	456
973	973	457
974	974	458
975	975	459
976	976	460
977	977	461
978	978	462
979	979	463
980	980	464
981	981	465
982	982	466
983	983	467
984	984	468
985	985	469
986	986	470
987	987	471
988	988	472
989	989	473
990	990	474
991	991	475
992	992	476 HB410 INTRODUCED
993	993	Page 18
994	994	professional surety company for those lines of insurance.
995	995	(4) An affidavit or certification in writing, under
996	996	oath, executed by a licensed agent of the professional surety
997	997	company who is the manager or an owner or president of a
998	998	corporation, company, partnership, or other entity that
999	999	represents the professional surety company, filed with the
1000	1000	clerk of the circuit court of each county in which the
1001	1001	professional surety company executes or becomes surety on
1002	1002	appearance bonds, stating the following:
1003	1003	a. That all appearance bonds shall be executed in the
1004	1004	name of the professional surety company as surety by the
1005	1005	agents listed or appointed in the qualifying power of attorney
1006	1006	presented to the court or any other qualifying powers of
1007	1007	attorney filed with the circuit clerk of the county.
1008	1008	b. That all agents listed or appointed in the
1009	1009	qualifying powers of attorney shall be licensed by the
1010	1010	Department of Insurance, prior to their appointments.
1011	1011	c. That any agency, company, corporation, or other
1012	1012	entity that represents the professional surety company in the
1013	1013	county, has no owners or other persons having a direct or
1014	1014	indirect financial interest in such agency, company,
1015	1015	corporation, or other entity, that have been convicted of a
1016	1016	felony or a crime involving moral turpitude. If any person
1017	1017	having a direct or indirect financial interest in such the
1018	1018	agency, company, corporation, or other entity has been
1019	1019	convicted of a felony or a crime involving moral turpitude,
1020	1020	then the affidavit or certification shall certify that there
1021	1021	has been such a conviction, providing the name of the person
1022	1022	convicted, and certify that the person convicted has been
1023	1023	477
1024	1024	478
1025	1025	479
1026	1026	480
1027	1027	481
1028	1028	482
1029	1029	483
1030	1030	484
1031	1031	485
1032	1032	486
1033	1033	487
1034	1034	488
1035	1035	489
1036	1036	490
1037	1037	491
1038	1038	492
1039	1039	493
1040	1040	494
1041	1041	495
1042	1042	496
1043	1043	497
1044	1044	498
1045	1045	499
1046	1046	500
1047	1047	501
1048	1048	502
1049	1049	503
1050	1050	504 HB410 INTRODUCED
1051	1051	Page 19
1052	1052	convicted, and certify that the person convicted has been
1053	1053	pardoned or has had a restoration of civil rights.
1054	1054	d. That the professional surety company has no
1055	1055	knowledge of forfeitures that have been final for more than 30
1056	1056	days that have not been paid to the clerk of the court arising
1057	1057	out of surety undertaking, and that the professional surety
1058	1058	company has no petitions, motions, or other litigation matters
1059	1059	pending.
1060	1060	e. That no agents of the professional surety company
1061	1061	who have the authority to execute appearance bonds in its
1062	1062	behalf or any person having a financial interest, direct or
1063	1063	indirect, in the ownership or management of any agency,
1064	1064	company, corporation, or other entity that represents the
1065	1065	professional surety company in the execution of appearance
1066	1066	bonds, is an attorney, a judicial official, a person
1067	1067	authorized to accept an appearance bond, or an agent of an
1068	1068	attorney, judicial official, or person authorized to accept an
1069	1069	appearance bond.
1070	1070	f. The names and addresses of all persons, officers,
1071	1071	employees, and agents of the agency, company, corporation, or
1072	1072	other entity that represents the professional surety company
1073	1073	becoming surety on appearance bonds who have a direct or
1074	1074	indirect financial interest in the agency, company,
1075	1075	corporation, or other entity representing the professional
1076	1076	surety company and the nature and extent of each interest.
1077	1077	g. That those persons stated in this section have not,
1078	1078	within a period of two years, violated any provisions of this
1079	1079	chapter or any rules adopted by the Supreme Court of Alabama
1080	1080	in accordance with this chapter.
1081	1081	505
1082	1082	506
1083	1083	507
1084	1084	508
1085	1085	509
1086	1086	510
1087	1087	511
1088	1088	512
1089	1089	513
1090	1090	514
1091	1091	515
1092	1092	516
1093	1093	517
1094	1094	518
1095	1095	519
1096	1096	520
1097	1097	521
1098	1098	522
1099	1099	523
1100	1100	524
1101	1101	525
1102	1102	526
1103	1103	527
1104	1104	528
1105	1105	529
1106	1106	530
1107	1107	531
1108	1108	532 HB410 INTRODUCED
1109	1109	Page 20
1110	1110	in accordance with this chapter.
1111	1111	(5) A copy of the current license issued by the Alabama
1112	1112	Professional Bail Bonding Board pursuant to the Alabama Bail
1113	1113	Bond Regulatory Act, Article 8."
1114	1114	"§15-13-160
1115	1115	(a) No professional bail company shall execute or
1116	1116	become surety on any appearance bond in this state, unless the
1117	1117	company has an order granting authorization to become
1118	1118	professional surety on any bail. The order granting
1119	1119	authorization shall be reissued annually prior to January 1 of
1120	1120	each year by the presiding circuit judge of the county in
1121	1121	which the company desires to execute bail or appearance bonds.
1122	1122	Prior to the judge's issuance of the original order and no
1123	1123	later than December 1 of each year, thereafter, professional
1124	1124	bail companies shall submit annually to the presiding circuit
1125	1125	judge the following:
1126	1126	(1)a. An original corporate surety bond or escrow
1127	1127	agreement, filed and approved by the presiding circuit judge
1128	1128	of the county in which the professional bail company executes
1129	1129	or becomes surety on appearance bonds, in the amount of
1130	1130	twenty-five thousand dollars ($25,000), guaranteeing the
1131	1131	payment of all sums of money that may become due by virtue of
1132	1132	any judgment absolute that may be rendered against the
1133	1133	professional bail company on a forfeiture entered by any court
1134	1134	in the county. Corporate surety bonds shall be executed only
1135	1135	by a surety company that at the time is operating and
1136	1136	authorized to do business in the this state and qualified to
1137	1137	write bonds by the Department of Insurance. The corporate
1138	1138	surety bond shall provide that it may be cancelled canceled as
1139	1139	533
1140	1140	534
1141	1141	535
1142	1142	536
1143	1143	537
1144	1144	538
1145	1145	539
1146	1146	540
1147	1147	541
1148	1148	542
1149	1149	543
1150	1150	544
1151	1151	545
1152	1152	546
1153	1153	547
1154	1154	548
1155	1155	549
1156	1156	550
1157	1157	551
1158	1158	552
1159	1159	553
1160	1160	554
1161	1161	555
1162	1162	556
1163	1163	557
1164	1164	558
1165	1165	559
1166	1166	560 HB410 INTRODUCED
1167	1167	Page 21
1168	1168	surety bond shall provide that it may be cancelled canceled as
1169	1169	to any future liability by the corporate surety company or the
1170	1170	professional bail company giving 30 days prior written notice
1171	1171	of the cancellation to the clerk of the circuit court in which
1172	1172	the bond or instrument was filed. A bank in this state shall
1173	1173	be a party to all escrow agreements, and those agreements
1174	1174	shall provide that the agreement may be cancelled canceled as
1175	1175	to any future liability only by the professional bail company
1176	1176	and bank giving 30 days prior written notice of the
1177	1177	cancellation to the clerk of the circuit court in which the
1178	1178	escrow agreement or instrument is filed. Once a professional
1179	1179	bail company has filed an original continuous corporate surety
1180	1180	bond or escrow agreement with the circuit clerk and it has
1181	1181	been approved by the presiding circuit judge, then the
1182	1182	professional bail company does not have to file any other
1183	1183	original continuous corporate surety bond or escrow agreement
1184	1184	upon annual recertification. The professional bail company
1185	1185	shall submit an original certificate from the insurance
1186	1186	company that executed the corporate surety bond reflecting
1187	1187	that it the corporate surety bond is still in force or an
1188	1188	original letter from the bank stating the escrow agreement is
1189	1189	still effective and the monies are still held in trust. When
1190	1190	any professional bail company is annually recertifying, the
1191	1191	circuit clerk shall send the original corporate surety bond or
1192	1192	original escrow agreement with any cancellations received by
1193	1193	the circuit clerk to the presiding circuit judge for review
1194	1194	and approval.
1195	1195	b. Any new original corporate surety bond or escrow
1196	1196	agreement made on or after September 1, 2023 after October 1,
1197	1197	561
1198	1198	562
1199	1199	563
1200	1200	564
1201	1201	565
1202	1202	566
1203	1203	567
1204	1204	568
1205	1205	569
1206	1206	570
1207	1207	571
1208	1208	572
1209	1209	573
1210	1210	574
1211	1211	575
1212	1212	576
1213	1213	577
1214	1214	578
1215	1215	579
1216	1216	580
1217	1217	581
1218	1218	582
1219	1219	583
1220	1220	584
1221	1221	585
1222	1222	586
1223	1223	587
1224	1224	588 HB410 INTRODUCED
1225	1225	Page 22
1226	1226	agreement made on or after September 1, 2023 after October 1,
1227	1227	2025, in a county with a population of 200,000 or more, shall
1228	1228	require a surety bond or an escrow agreement in the amount of
1229	1229	fifty thousand dollars ($50,000). This paragraph does not
1230	1230	affect any corporate surety bond or escrow agreement made
1231	1231	before September 1, 2023 October 1, 2025 . Current escrow
1232	1232	agreements and corporate surety bonds shall remain at
1233	1233	twenty-five thousand dollars ($25,000) for any renewal
1234	1234	thereafter.
1235	1235	(2) An original qualifying power of attorney, letter,
1236	1236	or other document issued by the professional bail company
1237	1237	specifying any applicable limitations and specifying the
1238	1238	agents who are authorized to execute and bind the professional
1239	1239	bail company to a bail undertaking or to appearance bonds. The
1240	1240	qualifying power of attorney, letter, or other document may
1241	1241	only name persons as agents.
1242	1242	(3) An original affidavit or certificate in writing,
1243	1243	under oath, executed by an owner or officer of a professional
1244	1244	bail company, to the clerk of the circuit court of the county
1245	1245	in which the professional bail company shall execute or become
1246	1246	surety on appearance bonds which contains all of the
1247	1247	following:
1248	1248	a. That all appearance bonds shall be executed in the
1249	1249	name of the professional bail company as surety by the agents
1250	1250	listed or appointed in the qualifying power of attorney,
1251	1251	letter, or other document presented to the court or any other
1252	1252	person so named in any future qualifying powers of attorney,
1253	1253	letters, or documents filed with the circuit clerk of the
1254	1254	county.
1255	1255	589
1256	1256	590
1257	1257	591
1258	1258	592
1259	1259	593
1260	1260	594
1261	1261	595
1262	1262	596
1263	1263	597
1264	1264	598
1265	1265	599
1266	1266	600
1267	1267	601
1268	1268	602
1269	1269	603
1270	1270	604
1271	1271	605
1272	1272	606
1273	1273	607
1274	1274	608
1275	1275	609
1276	1276	610
1277	1277	611
1278	1278	612
1279	1279	613
1280	1280	614
1281	1281	615
1282	1282	616 HB410 INTRODUCED
1283	1283	Page 23
1284	1284	county.
1285	1285	b. That the professional bail company is qualified to
1286	1286	do business in this state and its resident address.
1287	1287	c. That the professional bail company has sufficient
1288	1288	financial net worth to satisfy its obligations as a surety.
1289	1289	d. That no person having a direct or indirect financial
1290	1290	interest in the professional bail company has been convicted
1291	1291	of a felony or a crime involving moral turpitude.
1292	1292	Notwithstanding the foregoing, if any person having a direct
1293	1293	or indirect financial interest in the bonding business has
1294	1294	been convicted of a felony or a crime involving moral
1295	1295	turpitude, then the person making the certification shall
1296	1296	certify that there has been a conviction, provide the name of
1297	1297	the person convicted, and certify that the person convicted
1298	1298	has been pardoned or has had a restoration of civil rights.
1299	1299	e. That the professional bail company has no knowledge
1300	1300	of any forfeiture that has been made final for more than 30
1301	1301	days that has not been paid arising out of surety undertakings
1302	1302	and as to which the professional bail company has no
1303	1303	petitions, motions, or other litigation matters pending.
1304	1304	f. That there are no persons, including employees,
1305	1305	agents, or persons with a financial interest in the
1306	1306	professional bail company, who, within a period of two years,
1307	1307	violated this chapter, or any rules adopted by the Supreme
1308	1308	Court governing the qualifications of professional surety or
1309	1309	bail companies.
1310	1310	g. That no employee, agent, or any other person having
1311	1311	a direct or indirect financial interest in the professional
1312	1312	bail company is an attorney, a judicial official, a person
1313	1313	617
1314	1314	618
1315	1315	619
1316	1316	620
1317	1317	621
1318	1318	622
1319	1319	623
1320	1320	624
1321	1321	625
1322	1322	626
1323	1323	627
1324	1324	628
1325	1325	629
1326	1326	630
1327	1327	631
1328	1328	632
1329	1329	633
1330	1330	634
1331	1331	635
1332	1332	636
1333	1333	637
1334	1334	638
1335	1335	639
1336	1336	640
1337	1337	641
1338	1338	642
1339	1339	643
1340	1340	644 HB410 INTRODUCED
1341	1341	Page 24
1342	1342	bail company is an attorney, a judicial official, a person
1343	1343	authorized to accept an appearance bond, or an agent of an
1344	1344	attorney, judicial official, or person authorized to accept an
1345	1345	appearance bond.
1346	1346	h. The names and addresses of all officers, employees,
1347	1347	and agents of the professional bail company who have a direct
1348	1348	or indirect financial interest in the professional bail
1349	1349	company and the nature and extent of each interest.
1350	1350	(b) A professional bondsman and professional surety
1351	1351	bondsman may not own a professional bail company until he or
1352	1352	she has been licensed as a professional bondsman or
1353	1353	professional surety bondsman for at least three years. If the
1354	1354	owner of a professional bail company dies or becomes
1355	1355	completely incapacitated, as determined by the board, his or
1356	1356	her professional bail bond company may be sold to an
1357	1357	unlicensed individual. The unlicensed individual shall have 90
1358	1358	calendar days, from date of purchase, to obtain a license and
1359	1359	shall employ a minimum of one employee who has been licensed
1360	1360	for at least three consecutive years."
1361	1361	"§15-13-201
1362	1362	For the purposes of this article, the following terms
1363	1363	shall have the following meanings:
1364	1364	(1) BOARD. Alabama Professional Bail Bonding Board.
1365	1365	(2) EMPLOYEE. An individual who is employed by a
1366	1366	professional bail company or professional surety company,
1367	1367	either as an agent or direct subordinate, who negotiates,
1368	1368	communicates written or verbal, or offers information about
1369	1369	obtaining bail, bail bond prices, or any other information
1370	1370	regarding the securing of a bail bond for another individual.
1371	1371	645
1372	1372	646
1373	1373	647
1374	1374	648
1375	1375	649
1376	1376	650
1377	1377	651
1378	1378	652
1379	1379	653
1380	1380	654
1381	1381	655
1382	1382	656
1383	1383	657
1384	1384	658
1385	1385	659
1386	1386	660
1387	1387	661
1388	1388	662
1389	1389	663
1390	1390	664
1391	1391	665
1392	1392	666
1393	1393	667
1394	1394	668
1395	1395	669
1396	1396	670
1397	1397	671
1398	1398	672 HB410 INTRODUCED
1399	1399	Page 25
1400	1400	regarding the securing of a bail bond for another individual.
1401	1401	(2)(3) PROFESSIONAL BAIL COMPANY. A person, individual
1402	1402	proprietor, partnership corporation, or other entity, other
1403	1403	than a professional surety company, that furnishes bail or
1404	1404	becomes surety for a person on an appearance bond and does so
1405	1405	for a valuable consideration.
1406	1406	(3)(4) PROFESSIONAL BONDSMAN. Any individual or agent
1407	1407	who is employed by a professional bail company or professional
1408	1408	surety company to solicit and execute appearance bonds or
1409	1409	actively seek bail bond business for or on behalf of a
1410	1410	professional bail company, including any individual who has a
1411	1411	direct or indirect ownership interest in a professional bail
1412	1412	company.
1413	1413	(4)(5) PROFESSIONAL SURETY BONDSMAN. Any individual who
1414	1414	is employed by a professional surety company to solicit and
1415	1415	execute appearance bonds or actively seek bail bond business
1416	1416	for or on behalf of a professional surety company, including
1417	1417	any individual who has a direct or indirect ownership interest
1418	1418	in a professional surety company.
1419	1419	(5)(6) PROFESSIONAL SURETY COMPANY. An insurance
1420	1420	company, domestic or foreign corporation, or association
1421	1421	engaged in the business of insurance, or a surety with a bail
1422	1422	line of insurance to which has been issued a certificate of
1423	1423	authority or certificate of compliance by the Department of
1424	1424	Insurance to execute appearance bonds or bail bonds in
1425	1425	criminal cases in the state.
1426	1426	(6)(7) RECOVERY AGENT. Any individual, other than an
1427	1427	attorney or law enforcement officer, utilized by a
1428	1428	professional surety company, professional bail company, or
1429	1429	673
1430	1430	674
1431	1431	675
1432	1432	676
1433	1433	677
1434	1434	678
1435	1435	679
1436	1436	680
1437	1437	681
1438	1438	682
1439	1439	683
1440	1440	684
1441	1441	685
1442	1442	686
1443	1443	687
1444	1444	688
1445	1445	689
1446	1446	690
1447	1447	691
1448	1448	692
1449	1449	693
1450	1450	694
1451	1451	695
1452	1452	696
1453	1453	697
1454	1454	698
1455	1455	699
1456	1456	700 HB410 INTRODUCED
1457	1457	Page 26
1458	1458	professional surety company, professional bail company, or
1459	1459	professional bondsman to apprehend a defendant who was
1460	1460	released on bail and who violated the terms of his or her
1461	1461	bail."
1462	1462	"§15-13-202
1463	1463	(a) An individual may not hold himself or herself out
1464	1464	to the public as a professional bondsman or a professional
1465	1465	surety bondsman, operate as a recovery agent, or use any term,
1466	1466	title, or abbreviation that expresses, infers, or implies that
1467	1467	the individual is licensed as a professional bondsman unless
1468	1468	the individual at the time holds a valid license as a
1469	1469	professional bondsman as provided in this article.
1470	1470	(b) All applicants shall pass an examination, unless
1471	1471	exempted by this article, based on criteria established by the
1472	1472	Alabama Professional Bail Bonding Board and established under
1473	1473	Section 15-13-203 and shall comply with the continuing
1474	1474	education requirements established by this article.
1475	1475	(c) The board may issue an apprentice license, which
1476	1476	expires 120 180 days after issuance, to any applicant who
1477	1477	satisfies all criteria for licensure except passing the
1478	1478	examination. The board may require an applicant for licensure
1479	1479	as an apprentice to sign an affidavit, on a form provided by
1480	1480	the board, attesting that the applicant has no felony
1481	1481	convictions. The board may verify the applicant's criminal
1482	1482	history before the issuance of an apprentice license. The
1483	1483	board, by rule, may also provide an age exception to allow any
1484	1484	applicant who is 19 or 20 years of age to work as an
1485	1485	apprentice until he or she reaches the age of 21 years of age.
1486	1486	Before the expiration of his or her apprentice license, an
1487	1487	701
1488	1488	702
1489	1489	703
1490	1490	704
1491	1491	705
1492	1492	706
1493	1493	707
1494	1494	708
1495	1495	709
1496	1496	710
1497	1497	711
1498	1498	712
1499	1499	713
1500	1500	714
1501	1501	715
1502	1502	716
1503	1503	717
1504	1504	718
1505	1505	719
1506	1506	720
1507	1507	721
1508	1508	722
1509	1509	723
1510	1510	724
1511	1511	725
1512	1512	726
1513	1513	727
1514	1514	728 HB410 INTRODUCED
1515	1515	Page 27
1516	1516	Before the expiration of his or her apprentice license, an
1517	1517	apprentice who is 19 or 20 years of age shall complete an
1518	1518	eight-hour continuing education instructional course conducted
1519	1519	by an educational provider approved by the Alabama
1520	1520	Professional Bail Bonding Board, at no cost to the apprentice .
1521	1521	The board may charge a fee, not exceeding fifty dollars ($50),
1522	1522	for an apprentice license.
1523	1523	(d) An apprentice may perform all duties without direct
1524	1524	supervision, except for bail bond recovery work or the
1525	1525	apprehension of a fugitive. An apprentice shall have his or
1526	1526	her license available at all times. "
1527	1527	"§15-13-203
1528	1528	(a) The Alabama Professional Bail Bonding Board is
1529	1529	created to administer and enforce this article. The board
1530	1530	shall consist of all of the following members:
1531	1531	(1) Seven professional bondsmen, one from each of the
1532	1532	seven congressional districts of the state, nominated by the
1533	1533	Alabama Bail Bond Association and appointed by the Governor
1534	1534	from a list of not more than four nominees for each position
1535	1535	on the board. For the initial terms of office, the President
1536	1536	of the Alabama Bail Bond Association shall be the professional
1537	1537	bondsman member of the board who represents the congressional
1538	1538	district in which he or she resides. Each professional
1539	1539	bondsman member appointed to the board shall be the owner of a
1540	1540	professional bail bond company with at least five years of
1541	1541	experience. Except as otherwise provided, no two professional
1542	1542	bondsman members shall reside in the same congressional
1543	1543	district. If no professional bondsman is available for
1544	1544	nomination by the Alabama Bail Bond Association for a
1545	1545	729
1546	1546	730
1547	1547	731
1548	1548	732
1549	1549	733
1550	1550	734
1551	1551	735
1552	1552	736
1553	1553	737
1554	1554	738
1555	1555	739
1556	1556	740
1557	1557	741
1558	1558	742
1559	1559	743
1560	1560	744
1561	1561	745
1562	1562	746
1563	1563	747
1564	1564	748
1565	1565	749
1566	1566	750
1567	1567	751
1568	1568	752
1569	1569	753
1570	1570	754
1571	1571	755
1572	1572	756 HB410 INTRODUCED
1573	1573	Page 28
1574	1574	nomination by the Alabama Bail Bond Association for a
1575	1575	congressional district, the Alabama Bail Bond Association
1576	1576	shall provide a list of four professional bondsman nominees
1577	1577	from the state at large at-large to the Governor for that
1578	1578	congressional district, and the Governor shall appoint one of
1579	1579	those nominees to fill that position on the board.
1580	1580	(2) One serving or supernumerary circuit, district, or
1581	1581	municipal court judge, nominated by the Alabama Bail Bond
1582	1582	Association and appointed by the Governor from a list of four
1583	1583	nominees.
1584	1584	(3) One serving or supernumerary circuit or municipal
1585	1585	court clerk, nominated by the Alabama Bail Bond Association
1586	1586	and appointed by the Governor from a list of four nominees.
1587	1587	(4) One serving sheriff, nominated by the Alabama Bail
1588	1588	Bond Association and appointed by the Governor from a list of
1589	1589	four nominees.
1590	1590	(5) One lay person, nominated by the Alabama Bail Bond
1591	1591	Association and appointed by the Governor from a list of four
1592	1592	nominees.
1593	1593	(b) The appointments to the board shall be for terms of
1594	1594	four years. The nominating and appointing authorities shall
1595	1595	coordinate their nominations and appointments so that
1596	1596	diversity of gender, race, and geographical areas is
1597	1597	reflective of the makeup of this to assure the membership of
1598	1598	the board is inclusive and reflects the racial, gender,
1599	1599	geographic, urban, rural, and economic diversity of the state.
1600	1600	Vacancies shall be filled by appointment of the Governor for
1601	1601	the unexpired portion of the term.
1602	1602	(c) The board, pursuant to the Alabama Administrative
1603	1603	757
1604	1604	758
1605	1605	759
1606	1606	760
1607	1607	761
1608	1608	762
1609	1609	763
1610	1610	764
1611	1611	765
1612	1612	766
1613	1613	767
1614	1614	768
1615	1615	769
1616	1616	770
1617	1617	771
1618	1618	772
1619	1619	773
1620	1620	774
1621	1621	775
1622	1622	776
1623	1623	777
1624	1624	778
1625	1625	779
1626	1626	780
1627	1627	781
1628	1628	782
1629	1629	783
1630	1630	784 HB410 INTRODUCED
1631	1631	Page 29
1632	1632	(c) The board, pursuant to the Alabama Administrative
1633	1633	Procedure Act, Chapter 22 of Title 41, shall adopt and enforce
1634	1634	reasonable rules as the board determines necessary to
1635	1635	effectively and efficiently carry out its official duty of
1636	1636	licensing and regulating professional bail bond companies and
1637	1637	professional bondsmen.
1638	1638	(d) Each member of the board shall receive travel and
1639	1639	per diem compensation for expenses incurred in the conduct of
1640	1640	official duties while attending meetings and transacting the
1641	1641	business of the board, in accordance with applicable state
1642	1642	travel and per diem paid to state employees. The compensation
1643	1643	of members shall be paid from funds available to the board in
1644	1644	the same manner as other expenses are paid."
1645	1645	"§15-13-205
1646	1646	At the initial meeting of the board and each time a new
1647	1647	member is appointed to the board, the members of the board
1648	1648	shall select from among their members a president chair to
1649	1649	preside over meetings of the board, a vice president chair to
1650	1650	preside in the absence of the president chair, and a
1651	1651	secretary."
1652	1652	"§15-13-210
1653	1653	(a) An application and all information on an
1654	1654	application for licensure pursuant to this article shall be
1655	1655	treated as confidential and shall be filed with the board on
1656	1656	forms prescribed by the board. The application shall include
1657	1657	all of the following information of the applicant:
1658	1658	(1) His or her full name.
1659	1659	(2) His or her date of birth.
1660	1660	(3) All residences during the immediate past five
1661	1661	785
1662	1662	786
1663	1663	787
1664	1664	788
1665	1665	789
1666	1666	790
1667	1667	791
1668	1668	792
1669	1669	793
1670	1670	794
1671	1671	795
1672	1672	796
1673	1673	797
1674	1674	798
1675	1675	799
1676	1676	800
1677	1677	801
1678	1678	802
1679	1679	803
1680	1680	804
1681	1681	805
1682	1682	806
1683	1683	807
1684	1684	808
1685	1685	809
1686	1686	810
1687	1687	811
1688	1688	812 HB410 INTRODUCED
1689	1689	Page 30
1690	1690	(3) All residences during the immediate past five
1691	1691	years.
1692	1692	(4) All employment or occupations engaged in during the
1693	1693	immediate past five years.
1694	1694	(5) A list of convictions and pending charges involving
1695	1695	a felony or misdemeanor in any jurisdiction.
1696	1696	(b) On or before September 1 each year, the board shall
1697	1697	send an email reminder to each licensee stating that the last
1698	1698	day for submitting an application for a license renewal is
1699	1699	September 30 of that year . Failure to submit a renewal
1700	1700	application by September 30 shall result in a late fee of one
1701	1701	hundred twenty-five dollars ($125) ."
1702	1702	"§15-13-211
1703	1703	Each individual applicant shall meet all of the
1704	1704	following criteria, demonstrating that he or she:
1705	1705	(1) Is at least 21 years of age.
1706	1706	(2) Has not been declared by any court of competent
1707	1707	jurisdiction incompetent by reason of mental defect or disease
1708	1708	unless a court of competent jurisdiction has subsequently
1709	1709	declared the applicant competent.
1710	1710	(3) Has not been convicted of a crime of moral
1711	1711	turpitude, with the board having the final determination on
1712	1712	the interpretation of moral turpitude.
1713	1713	(4) Has not been convicted of a felony.
1714	1714	(5) Has successfully completed pre-licensure education
1715	1715	administered by an educational provider approved by the board .
1716	1716	(6) Has been a resident of this state for at least one
1717	1717	year as provided by either of the following:
1718	1718	a. A copy of the Alabama driver's license or nondriver
1719	1719	813
1720	1720	814
1721	1721	815
1722	1722	816
1723	1723	817
1724	1724	818
1725	1725	819
1726	1726	820
1727	1727	821
1728	1728	822
1729	1729	823
1730	1730	824
1731	1731	825
1732	1732	826
1733	1733	827
1734	1734	828
1735	1735	829
1736	1736	830
1737	1737	831
1738	1738	832
1739	1739	833
1740	1740	834
1741	1741	835
1742	1742	836
1743	1743	837
1744	1744	838
1745	1745	839
1746	1746	840 HB410 INTRODUCED
1747	1747	Page 31
1748	1748	a. A copy of the Alabama driver's license or nondriver
1749	1749	identification card of the applicant.
1750	1750	b. A written statement by the applicant, under penalty
1751	1751	of perjury, that he or she has been a resident of this state
1752	1752	for one year."
1753	1753	"§15-13-217
1754	1754	(a) A professional bondsman, professional surety
1755	1755	bondsman, or recovery agent commencing business in any
1756	1756	judicial circuit in this state on and after June 1, 2020,
1757	1757	shall attend a 16-hour instructional course conducted by an
1758	1758	educational provider approved by the board and pass an
1759	1759	examination approved by the board and administered by an
1760	1760	educational provider approved by the board. Upon completion of
1761	1761	the course and passage of the examination, the individual
1762	1762	shall be awarded a pre-licensure examination certificate by
1763	1763	the board, copies of which may be submitted to the presiding
1764	1764	circuit judge, or other judicial authority, along with the
1765	1765	other requirements set forth in Section 15-13-159 or Section
1766	1766	15-13-160. Those professional bondsmen, professional surety
1767	1767	bondsmen, and recovery agents doing business immediately prior
1768	1768	to June 1, 2020, are exempt from the initial instructional
1769	1769	course and examination.
1770	1770	(b) Unless exempted pursuant to subsection (i), a
1771	1771	professional bondsman, professional surety bondsman, or
1772	1772	recovery agent making an annual filing in any circuit in this
1773	1773	state pursuant to Section 15-13-159 or Section 15-13-160 on
1774	1774	and after March 1, 2020, shall first complete eight hours of
1775	1775	continuing education conducted by an educational provider
1776	1776	approved by the board. A professional bail company owner, who
1777	1777	841
1778	1778	842
1779	1779	843
1780	1780	844
1781	1781	845
1782	1782	846
1783	1783	847
1784	1784	848
1785	1785	849
1786	1786	850
1787	1787	851
1788	1788	852
1789	1789	853
1790	1790	854
1791	1791	855
1792	1792	856
1793	1793	857
1794	1794	858
1795	1795	859
1796	1796	860
1797	1797	861
1798	1798	862
1799	1799	863
1800	1800	864
1801	1801	865
1802	1802	866
1803	1803	867
1804	1804	868 HB410 INTRODUCED
1805	1805	Page 32
1806	1806	approved by the board. A professional bail company owner, who
1807	1807	is at least 55 years of age and has five years of experience
1808	1808	in the profession, shall only be required to complete four
1809	1809	hours of continuing education. The educational provider
1810	1810	approved by the board shall provide the board with the name of
1811	1811	all professional bondsmen, professional surety bondsmen, or
1812	1812	recovery agents completing eight hours of continuing
1813	1813	education. Upon completion of the eight hours of continuing
1814	1814	education, the individual shall request issuance of an annual
1815	1815	continuing education certificate from the board, copies of
1816	1816	which may be submitted to the presiding circuit judge along
1817	1817	with the other requirements set forth in Section 15-13-159 or
1818	1818	Section 15-13-160.
1819	1819	(c) The instructional course, examination, or
1820	1820	continuing education courses shall be taught or sponsored by
1821	1821	an educational provider approved by the board, which must
1822	1822	apply annually for authority to offer such the examination or
1823	1823	courses.
1824	1824	(d) A list of approved course providers shall be
1825	1825	published on the website of the board.
1826	1826	(e) The cost of the instructional course shall be set
1827	1827	by the approved course provider but and shall not exceed five
1828	1828	hundred dollars ($500) per course. Upon completion of the
1829	1829	instructional course, the approved course provider shall issue
1830	1830	an instructional course completion certificate in a form
1831	1831	approved by the board. This completion certificate, along with
1832	1832	the application fee, must be presented to the board in order
1833	1833	to take the pre-licensure examination. An instructional course
1834	1834	completion certificate shall be valid for a period of 12
1835	1835	869
1836	1836	870
1837	1837	871
1838	1838	872
1839	1839	873
1840	1840	874
1841	1841	875
1842	1842	876
1843	1843	877
1844	1844	878
1845	1845	879
1846	1846	880
1847	1847	881
1848	1848	882
1849	1849	883
1850	1850	884
1851	1851	885
1852	1852	886
1853	1853	887
1854	1854	888
1855	1855	889
1856	1856	890
1857	1857	891
1858	1858	892
1859	1859	893
1860	1860	894
1861	1861	895
1862	1862	896 HB410 INTRODUCED
1863	1863	Page 33
1864	1864	completion certificate shall be valid for a period of 12
1865	1865	months.
1866	1866	(f) The cost of continuing education courses shall be
1867	1867	set by the approved course provider but and shall not exceed
1868	1868	seventy-five dollars ($75) per hour. Any fee required to be
1869	1869	paid by a course provider for reporting continuing education
1870	1870	course completion to the board may be added to the maximum
1871	1871	charges provided in this subsection.
1872	1872	(g) Each professional bondsman, professional surety
1873	1873	bondsman, and recovery agent must renew his or her
1874	1874	certification with the board by completing eight hours of
1875	1875	approved continuing education prior to September 30 each year.
1876	1876	Late renewal within the next 12 months may be had by
1877	1877	completing the eight hours of continuing education and paying
1878	1878	a renewal license fee of twice the amount otherwise required.
1879	1879	If a professional bondsman, professional surety bondsman, or
1880	1880	recovery agent fails to renew a certification for a 12-month
1881	1881	period, the professional bondsman, professional surety
1882	1882	bondsman, or recovery agent will be required to take the
1883	1883	instructional course and examination to again become
1884	1884	certified.
1885	1885	(h) The board, by rule, shall set the fees to be paid
1886	1886	to the board in the administration of this section, not to
1887	1887	exceed the maximum amounts set forth below:
1888	1888	(1)a. Application fee for a professional bondsman,
1889	1889	professional surety bondsman, or a recovery agent, a
1890	1890	nonrefundable fee to be paid to take the examination and for
1891	1891	the issuance of the pre-licensure examination certificate, per
1892	1892	examination attempt: Up to five hundred dollars ($500) .; and
1893	1893	897
1894	1894	898
1895	1895	899
1896	1896	900
1897	1897	901
1898	1898	902
1899	1899	903
1900	1900	904
1901	1901	905
1902	1902	906
1903	1903	907
1904	1904	908
1905	1905	909
1906	1906	910
1907	1907	911
1908	1908	912
1909	1909	913
1910	1910	914
1911	1911	915
1912	1912	916
1913	1913	917
1914	1914	918
1915	1915	919
1916	1916	920
1917	1917	921
1918	1918	922
1919	1919	923
1920	1920	924 HB410 INTRODUCED
1921	1921	Page 34
1922	1922	examination attempt: Up to five hundred dollars ($500) .; and
1923	1923	b. Application fee for a professional bail company or a
1924	1924	professional surety company, a nonrefundable fee to be paid
1925	1925	for the issuance of an initial license: Up to five hundred
1926	1926	dollars ($500). Payment of this fee does not alleviate the
1927	1927	requirement that each individual professional bondsman,
1928	1928	professional surety bondsman, and recovery agent be licensed
1929	1929	under this chapter.
1930	1930	(2)a. Annual license renewal fee for a professional
1931	1931	bondsman, professional surety bondsman, or recovery agent, to
1932	1932	be paid to receive the annual continuing education
1933	1933	certificate: From fifty dollars ($50) up to five hundred
1934	1934	dollars ($500).; and
1935	1935	b. Annual license renewal fee for a professional bail
1936	1936	company or a professional surety company, to be paid to
1937	1937	receive the renewal license: Up to one hundred dollars ($100).
1938	1938	A late fee shall be charged in the amount of the license fee.
1939	1939	(i) Any professional bondsman or professional bail
1940	1940	company owner who, on August 1, 2021, is at least 65 years of
1941	1941	age and has 15 years of experience in the profession, shall be
1942	1942	exempt from the continuing education requirements of this
1943	1943	article.
1944	1944	(j) The board shall adopt rules necessary to carry out
1945	1945	this section."
1946	1946	Section 2. This act shall become effective on October
1947	1947	1, 2025.
1948	1948	925
1949	1949	926
1950	1950	927
1951	1951	928
1952	1952	929
1953	1953	930
1954	1954	931
1955	1955	932
1956	1956	933
1957	1957	934
1958	1958	935
1959	1959	936
1960	1960	937
1961	1961	938
1962	1962	939
1963	1963	940
1964	1964	941
1965	1965	942
1966	1966	943
1967	1967	944
1968	1968	945
1969	1969	946
1970	1970	947
1971	1971	948
1972	1972	949