HB537INTRODUCED
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HB537
11VANLL-1
By Representatives Tillman, England
RFD: Judiciary
First Read: 08-Apr-25
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5 11VANLL-1 03/31/2025 THR (L)THR 2025-1446
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First Read: 08-Apr-25
SYNOPSIS:
Under existing law, a person charged with and
arrested for a felony has an absolute right to a
preliminary hearing before his or her indictment.
This bill would provide that a pretrial
detention hearing held for a person charged with one of
the offenses listed under Aniah's Law shall satisfy a
defendant's right to a pretrial hearing.
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Section
15-11-1, Code of Alabama 1975, to further provide for
preliminary hearings.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-11-1, Code of Alabama 1975, is
amended to read as follows:
"ยง15-11-1
(a) Every person charged with and arrested for a felony
before his or her indictment shall have an absolute right to a
preliminary hearing on said the charge upon such person's his
or her demand within 30 days following said the arrest;
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or her demand within 30 days following said the arrest;
provided, that such person's his or her failure or refusal to
appear for such the preliminary hearing or his or her absence
from the state at the time of the setting for the preliminary
hearing shall not delay or invalidate an indictment pursuant
to said charge.
(b) A pretrial detention hearing held pursuant to
Section 15-13-3 shall satisfy a defendant's rights under this
section."
Section 2. This act shall become effective on October
1, 2025.
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