Alabama 2025 Regular Session

Alabama House Bill HB42 Compare Versions

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

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1	1	HB42INTRODUCED
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3	3	HB42
4	4	EMBX9C9-1
5	5	By Representative England
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
8	8	PFD: 11-Sep-24
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14	14	6 EMBX9C9-1 09/04/2024 KMS (L)lmg 2024-2428
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16	16	PFD: 11-Sep-24
17	17	SYNOPSIS:
18	18	Under the Alabama Bail Reform Act of 1993, if
19	19	cash bail is set by a judicial officer in a criminal
20	20	proceeding, the defendant or some person on behalf of
21	21	the defendant is required to deposit the total sum in
22	22	cash with the court having jurisdiction.
23	23	This bill would authorize the court to accept a
24	24	cash deposit in an amount less than the total sum upon
25	25	approval of the judicial officer setting the cash bail.
26	26	A BILL
27	27	TO BE ENTITLED
28	28	AN ACT
29	29	Relating to the Alabama Bail Reform Act of 1993; to
30	30	amend Section 15-13-111, Code of Alabama 1975, to authorize
31	31	the clerk of the court having jurisdiction over a criminal
32	32	case to accept a lesser amount of the total cash bail ordered
33	33	by a judicial officer, upon approval of that officer.
34	34	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35	35	Section 1. Section 15-13-111 of the Code of Alabama
36	36	1975, is amended to read as follows:
37	37	"§15-13-111
38	38	For persons arrested and taken into custody, there
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66	66	28 HB42 INTRODUCED
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68	68	For persons arrested and taken into custody, there
69	69	shall be four kinds of bail used in this state. No other form
70	70	of bail may be approved and accepted by any judicial officer,
71	71	court clerk, magistrate, or any other person designated to
72	72	accept and approve bail as stipulated in Division 1 , Sections
73	73	15-13-100 to 15-13-110, inclusive . The four kinds of bail
74	74	shall be judicial public bail, cash bail, property bail, and
75	75	professional surety bail. Their definitions are as follows:
76	76	(1) CASH BAIL. Cash bail is when the defendant or some
77	77	person on behalf of the defendant deposits cash in an amount
78	78	equal to a part or the total sum of the bail as set by the
79	79	judicial officer to the clerk of the court having jurisdiction
80	80	over the case. Acceptance of cash bail shall conform to
81	81	Division 9.
82	82	(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
83	83	release of any defendant without any condition of an
84	84	undertaking relating to, or a deposit of, security. Judicial
85	85	public bail shall be granted to persons subjected to custodial
86	86	arrest only by a judicial officer having jurisdiction over the
87	87	defendant and in accordance with the procedures established in
88	88	Division 7.
89	89	(3) PROFESSIONAL SURETY BAIL. Professional surety bail
90	90	is when a defendant is released on bail by having a
91	91	professional surety or professional bail company execute a
92	92	bond on behalf of the defendant and becoming surety on the
93	93	bail. Professional surety or professional bail companies shall
94	94	meet the qualification requirements of Division 10.
95	95	(4) PROPERTY BAIL. Property bail is when a defendant is
96	96	released on bail by having at least one or more real property
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126	126	released on bail by having at least one or more real property
127	127	owners that own real property in the state , execute or become
128	128	bail or surety for the defendant. Real property owners shall
129	129	qualify and meet requirements applying to property bail as set
130	130	out in Division 8."
131	131	Section 2. This act shall become effective on October
132	132	1, 2025.
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