HB42INTRODUCED
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HB42
EMBX9C9-1
By Representative England
RFD: Judiciary
First Read: 04-Feb-25
PFD: 11-Sep-24
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6 EMBX9C9-1 09/04/2024 KMS (L)lmg 2024-2428
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PFD: 11-Sep-24
SYNOPSIS:
Under the Alabama Bail Reform Act of 1993, if
cash bail is set by a judicial officer in a criminal
proceeding, the defendant or some person on behalf of
the defendant is required to deposit the total sum in
cash with the court having jurisdiction.
This bill would authorize the court to accept a
cash deposit in an amount less than the total sum upon
approval of the judicial officer setting the cash bail.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Bail Reform Act of 1993; to
amend Section 15-13-111, Code of Alabama 1975, to authorize
the clerk of the court having jurisdiction over a criminal
case to accept a lesser amount of the total cash bail ordered
by a judicial officer, upon approval of that officer.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-13-111 of the Code of Alabama
1975, is amended to read as follows:
"ยง15-13-111
For persons arrested and taken into custody, there
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For persons arrested and taken into custody, there
shall be four kinds of bail used in this state. No other form
of bail may be approved and accepted by any judicial officer,
court clerk, magistrate, or any other person designated to
accept and approve bail as stipulated in Division 1 , Sections
15-13-100 to 15-13-110, inclusive . The four kinds of bail
shall be judicial public bail, cash bail, property bail, and
professional surety bail. Their definitions are as follows:
(1) CASH BAIL. Cash bail is when the defendant or some
person on behalf of the defendant deposits cash in an amount
equal to a part or the total sum of the bail as set by the
judicial officer to the clerk of the court having jurisdiction
over the case. Acceptance of cash bail shall conform to
Division 9.
(2) JUDICIAL PUBLIC BAIL. Judicial public bail is the
release of any defendant without any condition of an
undertaking relating to, or a deposit of, security. Judicial
public bail shall be granted to persons subjected to custodial
arrest only by a judicial officer having jurisdiction over the
defendant and in accordance with the procedures established in
Division 7.
(3) PROFESSIONAL SURETY BAIL. Professional surety bail
is when a defendant is released on bail by having a
professional surety or professional bail company execute a
bond on behalf of the defendant and becoming surety on the
bail. Professional surety or professional bail companies shall
meet the qualification requirements of Division 10.
(4) PROPERTY BAIL. Property bail is when a defendant is
released on bail by having at least one or more real property
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released on bail by having at least one or more real property
owners that own real property in the state , execute or become
bail or surety for the defendant. Real property owners shall
qualify and meet requirements applying to property bail as set
out in Division 8."
Section 2. This act shall become effective on October
1, 2025.
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