SB118INTRODUCED
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SB118
UA6WXXG-1
By Senator Barfoot
RFD: Judiciary
First Read: 05-Feb-25
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5 UA6WXXG-1 02/05/2025 JT EBO JT EBO-2025-36
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First Read: 05-Feb-25
SYNOPSIS:
The Constitution of Alabama of 2022 requires
reasonable bail before conviction in all cases unless a
defendant is charged with one of thirteen enumerated
offenses.
This bill would propose an amendment to the
Constitution of Alabama of 2022 that would add to the
list of enumerated offenses certain offenses related to
the unlawful use or possession of a firearm. This bill
would also add to the list of enumerated offenses any
solicitation, attempt, or conspiracy to commit any of
the offenses for which bail may be denied.
A BILL
TO BE ENTITLED
AN ACT
To propose an amendment to Section 16 of the
Constitution of Alabama of 2022, to provide for additional
offenses that would allow a judge to deny bail under certain
circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
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of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Section 16 of the Constitution of Alabama of 2022, is
amended to read as follows:
Section 16.
That all persons shall, before conviction, be bailable
by sufficient sureties, unless charged with capital murder, as
provided in Section 13A-5-40, Code of Alabama 1975, as
amended; murder, as provided in Section 13A-6-2, Code of
Alabama 1975, as amended; kidnapping in the first degree, as
provided in Section 13A-6-43, Code of Alabama 1975, as
amended; rape in the first degree, as provided in Section
13A-6-61, Code of Alabama 1975, as amended; sodomy in the
first degree, as provided in Section 13A-6-63, Code of Alabama
1975, as amended; sexual torture, as provided in Section
13A-6-65.1, Code of Alabama 1975, as amended; domestic
violence in the first degree, as provided in Section
13A-6-130, Code of Alabama 1975, as amended; human trafficking
in the first degree, as provided in Section 13A-6-152, Code of
Alabama 1975, as amended; burglary in the first degree, as
provided in Section 13A-7-5, Code of Alabama 1975, as amended;
arson in the first degree, as provided in Section 13A-7-41,
Code of Alabama 1975, as amended; robbery in the first degree,
as provided in Section 13A-8-41, Code of Alabama 1975, as
amended; terrorism, as provided in subdivision (b)(2) of
Section 13A-10-152, Code of Alabama 1975, as amended; and
aggravated child abuse, as provided in subsection (b) of
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aggravated child abuse, as provided in subsection (b) of
Section 26-15-3.1, Code of Alabama 1975, as amended; certain
persons forbidden to possess a firearm, as provided in Section
13A-11-72, Code of Alabama 1975, as amended; shooting or
discharging a firearm, explosive, or other weapon into an
occupied dwelling, building, railroad locomotive, railroad
car, aircraft, automobile, truck, or watercraft, as provided
in Section 13A-11-61(b); and any solicitation, attempt, or
conspiracy to commit any of the offenses listed in this
section; and that excessive bail shall not in any case be
required.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held at the statewide primary election in 2026 in
accordance with Sections 284 and 285 of the Constitution of
Alabama of 2022, and the election laws of this state. The
appropriate election official shall assign a ballot number for
the proposed constitutional amendment on the election ballot
and shall set forth the following description of the substance
or subject matter of the proposed constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to provide that the following offenses shall be
offenses for which a judge may deny bail: convicted felons in
possession of a firearm in violation of Section 13A-11-72,
Code of Alabama 1975; shooting or discharging a firearm into
an occupied dwelling or other occupied space in violation of
Section 13A-11-61(b), Code of Alabama 1975; or any
solicitation, attempt, or conspiracy to commit any of the
offenses identified in Section 16, Alabama Constitution of
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offenses identified in Section 16, Alabama Constitution of
2022.
Proposed by Act ____.”
This description shall be followed by the following
language:
“Yes ( ) No( ).”
Section 3.The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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