Alabama 2025 Regular Session

Alabama Senate Bill SB118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB118ENGROSSED~~
	1	+	SB118INTRODUCED
2	2		Page 0
3	3		SB118
4		-	UA6WXXG-2
5		-	By Senator Barfoot ~~(Constitutional Amendment)~~
	4	+	UA6WXXG-1
	5	+	By Senator Barfoot
6	6		RFD: Judiciary
7	7		First Read: 05-Feb-25
8	8		1
9	9		2
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11	11		4
12		-	5 ~~SB118 Engrossed~~
	12	+	5 UA6WXXG-1 02/05/2025 JT EBO JT EBO-2025-36
13	13		Page 1
14	14		First Read: 05-Feb-25
	15	+	SYNOPSIS:
	16	+	The Constitution of Alabama of 2022 requires
	17	+	reasonable bail before conviction in all cases unless a
	18	+	defendant is charged with one of thirteen enumerated
	19	+	offenses.
	20	+	This bill would propose an amendment to the
	21	+	Constitution of Alabama of 2022 that would add to the
	22	+	list of enumerated offenses certain offenses related to
	23	+	the unlawful use or possession of a firearm. This bill
	24	+	would also add to the list of enumerated offenses any
	25	+	solicitation, attempt, or conspiracy to commit any of
	26	+	the offenses for which bail may be denied.
15	27		A BILL
16	28		TO BE ENTITLED
17	29		AN ACT
18	30		To propose an amendment to Section 16 of the
19	31		Constitution of Alabama of 2022, to provide for additional
20	32		offenses that would allow a judge to deny bail under certain
21	33		circumstances.
22	34		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	35		Section 1. The following amendment to the Constitution
24	36		of Alabama of 2022, is proposed:
25		-	PROPOSED AMENDMENT
26		-	Section 16 of the Constitution of Alabama of 2022, is
27		-	amended to read as follows:
28		-	Section 16.
29		-	That all persons shall, before conviction, be bailable
30		-	by sufficient sureties, unless charged with capital murder, as
31		-	provided in Section 13A-5-40, Code of Alabama 1975, as
32		-	amended; murder, as provided in Section 13A-6-2, Code of
33		-	Alabama 1975, as amended, or any solicitation, attempt, or
34		-	conspiracy to commit murder ; kidnapping in the first degree,
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62		-	28 SB118 ~~Engrossed~~
	64	+	28 SB118 INTRODUCED
63	65		Page 2
64		-	conspiracy to commit murder ; kidnapping in the first degree,
65		-	as provided in Section 13A-6-43, Code of Alabama 1975, as
	66	+	of Alabama of 2022, is proposed:
	67	+	PROPOSED AMENDMENT
	68	+	Section 16 of the Constitution of Alabama of 2022, is
	69	+	amended to read as follows:
	70	+	Section 16.
	71	+	That all persons shall, before conviction, be bailable
	72	+	by sufficient sureties, unless charged with capital murder, as
	73	+	provided in Section 13A-5-40, Code of Alabama 1975, as
	74	+	amended; murder, as provided in Section 13A-6-2, Code of
	75	+	Alabama 1975, as amended; kidnapping in the first degree, as
	76	+	provided in Section 13A-6-43, Code of Alabama 1975, as
66	77		amended; rape in the first degree, as provided in Section
67	78		13A-6-61, Code of Alabama 1975, as amended; sodomy in the
68	79		first degree, as provided in Section 13A-6-63, Code of Alabama
69	80		1975, as amended; sexual torture, as provided in Section
70	81		13A-6-65.1, Code of Alabama 1975, as amended; domestic
71	82		violence in the first degree, as provided in Section
72	83		13A-6-130, Code of Alabama 1975, as amended; human trafficking
73	84		in the first degree, as provided in Section 13A-6-152, Code of
74	85		Alabama 1975, as amended; burglary in the first degree, as
75	86		provided in Section 13A-7-5, Code of Alabama 1975, as amended;
76	87		arson in the first degree, as provided in Section 13A-7-41,
77	88		Code of Alabama 1975, as amended; robbery in the first degree,
78	89		as provided in Section 13A-8-41, Code of Alabama 1975, as
79	90		amended; terrorism, as provided in subdivision (b)(2) of
80	91		Section 13A-10-152, Code of Alabama 1975, as amended; and
81	92		aggravated child abuse, as provided in subsection (b) of
82		-	Section 26-15-3.1, Code of Alabama 1975, as amended; and
83		-	shooting or discharging a firearm, explosive, or other weapon
84		-	into an occupied dwelling, building, railroad locomotive,
85		-	railroad car, aircraft, automobile, truck, or watercraft, as
86		-	provided in Section 13A-11-61(b); and that excessive
87		-	bail shall not in any case be required.
88		-	END OF PROPOSED AMENDMENT
89		-	Section 2. An election upon the proposed amendment
90		-	shall be held at the statewide primary election in 2026 in
91		-	accordance with Sections 284 and 285 of the Constitution of
92		-	Alabama of 2022, and the election laws of this state. The
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120		-	56 SB118 ~~Engrossed~~
	120	+	56 SB118 INTRODUCED
121	121		Page 3
	122	+	aggravated child abuse, as provided in subsection (b) of
	123	+	Section 26-15-3.1, Code of Alabama 1975, as amended; certain
	124	+	persons forbidden to possess a firearm, as provided in Section
	125	+	13A-11-72, Code of Alabama 1975, as amended; shooting or
	126	+	discharging a firearm, explosive, or other weapon into an
	127	+	occupied dwelling, building, railroad locomotive, railroad
	128	+	car, aircraft, automobile, truck, or watercraft, as provided
	129	+	in Section 13A-11-61(b); and any solicitation, attempt, or
	130	+	conspiracy to commit any of the offenses listed in this
	131	+	section; and that excessive bail shall not in any case be
	132	+	required.
	133	+	END OF PROPOSED AMENDMENT
	134	+	Section 2. An election upon the proposed amendment
	135	+	shall be held at the statewide primary election in 2026 in
	136	+	accordance with Sections 284 and 285 of the Constitution of
122	137		Alabama of 2022, and the election laws of this state. The
123	138		appropriate election official shall assign a ballot number for
124	139		the proposed constitutional amendment on the election ballot
125	140		and shall set forth the following description of the substance
126	141		or subject matter of the proposed constitutional amendment:
127	142		"Proposing an amendment to the Constitution of Alabama
128	143		of 2022, to provide that the following offenses shall be
129		-	offenses for which a judge may deny bail: shooting or
130		-	discharging a firearm into an occupied dwelling or other
131		-	occupied space in violation of Section 13A-11-61(b), Code of
132		-	Alabama 1975; or any solicitation, attempt, or conspiracy to
133		-	commit murder.
134		-	Proposed by Act ____.”
135		-	This description shall be followed by the following
136		-	language:
137		-	“Yes ( ) No( ).”
138		-	Section 3. The proposed amendment shall become valid as
139		-	a part of the Constitution of Alabama of 2022, when approved
140		-	by a majority of the qualified electors voting thereon.
	144	+	offenses for which a judge may deny bail: convicted felons in
	145	+	possession of a firearm in violation of Section 13A-11-72,
	146	+	Code of Alabama 1975; shooting or discharging a firearm into
	147	+	an occupied dwelling or other occupied space in violation of
	148	+	Section 13A-11-61(b), Code of Alabama 1975; or any
	149	+	solicitation, attempt, or conspiracy to commit any of the
	150	+	offenses identified in Section 16, Alabama Constitution of
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158		-	74 SB118 Engrossed
159		-	Page 4
160		-	by a majority of the qualified electors voting thereon.
161		-	Senate
162		-	Read for the first time and referred
163		-	to the Senate committee on Judiciary
164		-	................05-Feb-25
165		-	Read for the second time and placed
166		-	on the calendar:
167		-	1 amendment
168		-	................12-Feb-25
169		-	Read for the third time and passed
170		-	as amended
171		-	Yeas 29
172		-	Nays 0
173		-	Abstains 0
174		-	................25-Feb-25
175		-	Patrick Harris,
176		-	Secretary.
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	178	+	84 SB118 INTRODUCED
	179	+	Page 4
	180	+	offenses identified in Section 16, Alabama Constitution of
	181	+	2022.
	182	+	Proposed by Act ____.”
	183	+	This description shall be followed by the following
	184	+	language:
	185	+	“Yes ( ) No( ).”
	186	+	Section 3.The proposed amendment shall become valid as
	187	+	a part of the Constitution of Alabama of 2022, when approved
	188	+	by a majority of the qualified electors voting thereon.
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