SB118ENGROSSED
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SB118
UA6WXXG-2
By Senator Barfoot (Constitutional Amendment)
RFD: Judiciary
First Read: 05-Feb-25
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First Read: 05-Feb-25
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:
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, or any solicitation, attempt, or
conspiracy to commit murder ; kidnapping in the first degree,
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conspiracy to commit murder ; 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
Section 26-15-3.1, Code of Alabama 1975, as amended; and
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 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
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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: 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 murder.
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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by a majority of the qualified electors voting thereon.
Senate
Read for the first time and referred
to the Senate committee on Judiciary
................05-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................12-Feb-25
Read for the third time and passed
as amended
Yeas 29
Nays 0
Abstains 0
................25-Feb-25
Patrick Harris,
Secretary.
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