SB119INTRODUCED
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SB119
J5WHNNN-1
By Senator Barfoot
RFD: Judiciary
First Read: 05-Feb-25
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First Read: 05-Feb-25
SYNOPSIS:
Under existing law, a person may not lawfully
possess a firearm if the person has been convicted of a
crime of violence, a misdemeanor offense of domestic
violence, or a violent offense, or if the person is
subject to a valid protection order for domestic abuse
or is of unsound mind. This bill would further provide
for the list of persons prohibited from possessing a
firearm to include persons convicted of any felony
offense.
This bill would also prohibit possession of a
firearm by a person who has been charged with
committing a crime of violence, a misdemeanor offense
of domestic violence, or a violent offense, and who
thereafter was released pending or during trial.
This bill would increase the penalty for
discharging a firearm into an occupied dwelling,
building, or other designated space. Under current law,
this offense is a Class B felony. This bill would make
the offense of discharging a firearm into an occupied
dwelling a Class A felony.
Under existing law, a parolee or probationer
found in possession of firearm is subject to a period
of confinement of no more than 45 days in a county
jail. This bill would require the Board of Pardons and
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jail. This bill would require the Board of Pardons and
Paroles to revoke parole, or a court to revoke
probation, when a parolee or probationer has been
convicted of possession of a firearm by a person
forbidden from firearm possession. This bill would
allow the Board of Pardons and Paroles to revoke
parole, or a court to revoke probation, when a parolee
or probationer has been found in possession of a
firearm.
Under existing law, a person may be denied bail
only if he or she is charged with certain enumerated
offenses and detention is necessary to ensure the
person’s appearance in court or to protect the safety
of the community. This bill 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.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
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the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to firearms; to amend Sections 13A-11-61,
13A-11-72, 15-13-3, 15-22-32, and 15-22-54, Code of Alabama
1975; to add Section 13A-11-72.2, Code of Alabama 1975; to
further provide for the list of persons prohibited from
possessing a firearm; to prohibit firearm possession by a
person charged with certain felony offenses when the person
has been released pending or during trial; to provide
affirmative defenses; to provide criminal penalties for a
violation; to increase the penalty for the offense of
discharging a firearm into an occupied dwelling, building, or
other designated space; to provide grounds for revoking
probation or parole upon possession of a firearm; to provide
for additional offenses that would allow a judge to deny bail
under certain circumstances; and in connection therewith
would have as its purpose or effect the requirement of a
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would have as its purpose or effect the requirement of a
new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.Section 13A-11-72, Code of Alabama 1975, is
amended to read as follows:
"§13A-11-72
(a)(1) No person who has been convicted in this state
or elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, violent
offense as listed in Section 12-25-32(15), anyone who is
subject to a valid protection order for domestic abuse, or
anyone of unsound mind shall own a firearm or have one in his
or her possession or under his or her control. A person may
not own a firearm or have a firearm in his or her possession
or under his or her control if any of the following apply:
a. The person has been convicted in this state or
elsewhere of committing or attempting to commit a felony
offense.
b. The person has been convicted in this state or
elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, or a
violent offense as defined in Section 12-25-32.
c. The person is subject to a valid protection order
for domestic abuse.
d. The person is of unsound mind.
(2) A violation of this subsection is a Class C felony.
(3) It shall be an affirmative defense to a prosecution
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(3) It shall be an affirmative defense to a prosecution
under this subsection that the defendant has received a pardon
pursuant to Section 15-22-36 which expressly restores the
defendant’s right to possess a firearm as to each conviction
supporting the prosecution.
(b)(1) No person who is a minor, except under the
circumstances provided in this section, an habitual drunkard,
or who has a drug addiction shall own a pistol or have one in
his or her possession or under his or her control.
(2) A violation of this subsection is a Class A
misdemeanor.
(c)(1) No person who is an alien and is illegally or
unlawfully in the United States or has been admitted to the
United States under a nonimmigrant visa as defined in 8 U.S.C
§ 1101(a)(26), provided no exception to this subsection as
listed in 18 U.S.C § 922(y)(2) applies, shall own a pistol or
other firearm or have one in his or her possession or under
his or her control.
(2) A violation of this subsection is a Class C felony.
(d)(1) Subject to the exceptions provided by Section
13A-11-74, no person shall knowingly with intent to do bodily
harm carry or possess a deadly weapon on the premises of a
public school.
(2) Except as provided in subsection (f), no minor
shall knowingly carry or possess a deadly weapon on the
premises of a public school.
(2) A violation of this subsection is a Class C felony.
(e) School security personnel and school resource
officers qualified under Section 16-1-44.1(a), employed by a
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officers qualified under Section 16-1-44.1(a), employed by a
local board of education, and authorized by the employing
local board of education to carry a deadly weapon while on
duty are exempt from subsection (d). Law enforcement officers
are exempt from this section, and persons with permits issued
pursuant to Section 13A-11-75, are exempt from subsection (d).
(f) A person shall not be in violation of Section
13A-11-57 or 13A-11-76 and a minor shall not be in violation
of this section if the minor has permission to possess a
pistol from a parent or legal guardian who is not prohibited
from possessing a firearm under state or federal law, and any
of the following are satisfied:
(1) The minor is attending a hunter education course or
a firearms safety course under the supervision of an adult who
is not prohibited from possessing a firearm under state or
federal law.
(2) The minor is engaging in practice in the use of a
firearm or target shooting at an established range under the
supervision of an adult who is not prohibited from possessing
a firearm under state or federal law.
(3) The minor is engaging in an organized competition
involving the use of a firearm or participating in or
practicing for a performance by an organized group under 26
U.S.C. § 501(c)(3) which uses firearms as part of the
performance.
(4) The minor is hunting or fishing pursuant to a valid
license, if required, and the person has the license in his or
her possession; has written permission of the owner or legal
possessor of the land on which the activities are being
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possessor of the land on which the activities are being
conducted; and the pistol, when loaded, is carried only in a
manner discernible by ordinary observation.
(5) The minor is on real property under the control of
the minor's parent, legal guardian, or grandparent.
(6) The minor is a member of the armed services or
National Guard and the minor is acting in the line of duty.
(7) The minor is traveling by motor vehicle to any of
the locations or activities listed in subdivisions (1) through
(6), has written permission to possess the pistol or firearm
by his or her parent or legal guardian, and the pistol or
firearm is unloaded, locked in a compartment or container that
is in or affixed securely to the motor vehicle, and is out of
reach of the driver and any passenger in the motor vehicle.
(g) This section does not apply to a minor who uses a
pistol or other firearm while acting in self-defense of
himself, herself, or other persons against an intruder into
the residence of the minor or a residence in which the minor
is an invited guest.
(h) For the purposes of this section, the following
terms have the following meanings:
(1) CONVICTED. a. Means a person was represented by
counsel in the case, or knowingly and intelligently waived the
right to counsel in the case if required by law, and either
the case was tried before a judge, tried by a jury, or the
person knowingly and intelligently waived the right to have
the case tried, by guilty plea or otherwise.
b. A person is not considered to have been convicted
for the purposes of this section if the person is not
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for the purposes of this section if the person is not
considered to have been convicted in the jurisdiction in which
the proceedings were held or the conviction has been expunged,
set aside, or is of an offense for which the person has been
pardoned or has had his or her civil rights restored, unless
the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport,
possess, or receive firearms.
(2) DEADLY WEAPON. A firearm or anything manifestly
designed, made, or adapted for the purposes of inflicting
death or serious physical injury, and the term includes, but
is not limited to, a bazooka, hand grenade, missile, or
explosive or incendiary device; a pistol, rifle, or shotgun;
or a switch-blade knife, gravity knife, stiletto, sword, or
dagger; or any club, baton, billy, black-jack, bludgeon, or
metal knuckles.
(3) MISDEMEANOR OFFENSE OF DOMESTIC VIOLENCE. A
misdemeanor offense that has, as its elements, the use or
attempted use of physical force or the threatened use of a
dangerous instrument or deadly weapon, and the victim is a
current or former spouse, parent, child, person with whom the
defendant has a child in common, or a present or former
household member.
(4) PUBLIC SCHOOL. A school composed of grades K-12 and
shall include a school bus used for grades K-12.
(5) QUALIFIED INDIVIDUAL. A spouse or former spouse of
the person, an individual who is a parent of a child of the
person, or an individual who cohabitates or has cohabited with
the person.
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the person.
(6) SCHOOL RESOURCE OFFICER. An Alabama Peace Officers'
Standards and Training Commissioner-certified law enforcement
officer employed by a law enforcement agency who is
specifically selected and specially trained for the school
setting.
(7) UNSOUND MIND. Includes any person who is subject to
any of the findings listed below, and who has not had his or
her rights to possess a firearm reinstated by operation of law
or legal process:
a. Found by a court, board, commission, or other lawful
authority that, as a result of marked subnormal intelligence,
mental illness, incompetency, condition, or disease, is a
danger to himself, herself, or others or lacks the mental
capacity to contract or manage his or her own affairs.
b. Found to be insane, not guilty by reason of mental
disease or defect, found mentally incompetent to stand trial,
or found not guilty by a reason of lack of mental
responsibility by a court in a criminal case, to include
state, federal, and military courts.
c. Involuntarily committed for a final commitment for
inpatient treatment to the Department of Mental Health or a
Veterans' Administration hospital by a court after a hearing.
(8) VALID PROTECTION ORDER. An order issued after a
hearing of which the person received actual notice, and at
which the person had an opportunity to participate, that does
either of the following:
a. Restrains the person from harassing, stalking, or
threatening a qualified individual or child of the qualified
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threatening a qualified individual or child of the qualified
individual or person or engaging in other conduct that would
place a qualified individual in reasonable fear of bodily
injury to the individual or child and that includes a finding
that the person represents a credible threat to the physical
safety of the qualified individual or child.
b. By its terms, explicitly prohibits the use,
attempted use, or threatened use of physical force against the
qualified individual or child that would reasonably be
expected to cause bodily injury.
"
Section 2. Section 13A-11-72.2 is added to the Code of
Alabama 1975, to read as follows:
Ҥ13A-11-72.2
(a) It shall be unlawful for any person to knowingly
have a firearm in his or her possession or under his or her
control when the person has been charged with committing or
attempting to commit a crime of violence, misdemeanor offense
of domestic violence as defined in Section 13A-11-72, or
violent offense as listed in Section 12-25-32(15), and
thereafter has been released pending or during trial.
(b) Unless waived by the defendant, a person may not be
convicted of violating this section unless the person is first
convicted of the crime of violence, misdemeanor offense of
domestic violence as defined in Section 13A-11-72, or violent
offense listed in Section 12-25-32(15), or a lesser included
offense, which gave rise to the charge and for which the
person was released pending or during trial.
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person was released pending or during trial.
(c) A person who violates this section shall be guilty
of a Class C felony.”
Section 3. Sections 13A-11-61, 15-22-32, and 15-22-54,
Code of Alabama 1975, are amended to read as follows:
"§13A-11-61
(a) No person shall shoot or discharge a firearm,
explosive or other weapon which that discharges a dangerous
projectile into any occupied or unoccupied dwelling , or
building, or railroad locomotive , or railroad car, aircraft,
automobile, truck , or watercraft in this state.
(b) Any person who commits an act prohibited by
subsection (a) with respect to an occupied dwelling , or
building, or railroad locomotive , or railroad car, aircraft,
automobile, truck , or watercraft shall be deemed guilty of a
Class B A felony as defined by the state criminal code, and
upon conviction, shall be punished as prescribed by law .
(c) Any person who commits any act prohibited by
subsection (a) hereof with respect to an unoccupied dwelling ,
or building, or railroad locomotive , or railroad car,
aircraft, automobile, truck , or watercraft shall be deemed
guilty of a Class C felony as defined by the state criminal
code, and upon conviction, shall be punished as prescribed by
law."
"§15-22-32
(a) Whenever there is reasonable cause to believe that
a prisoner who has been paroled has violated his or her
parole, the Board of Pardons and Paroles, at its next meeting,
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parole, the Board of Pardons and Paroles, at its next meeting,
may declare the parolee to be delinquent, and time owed shall
date from the delinquency. The Department of Corrections,
after receiving notice from the sheriff of the county jail
where the parolee is being held, shall promptly notify the
board of the return of a parolee charged with violation of his
or her parole. The board, a single member of the board, a
parole revocation hearing officer, or a designated parole
officer shall hold a parole court and consider the case of the
parole violator. The parolee shall be afforded all rights
provided in subdivision (f)(1). The parole court shall
determine whether sufficient evidence supports the violation
charges. Except as provided in subparagraph (f)(1)a.2., if a
hearing is not held within 20 business days, the parolee shall
be released back to parole supervision.
(b) Upon finding sufficient evidence to support a
parole violation, the parole court may recommend to the board
revocation or reinstatement of parole, and the board may take
any of the following actions:
(1)a. If the underlying offense was a violent offense
as defined in Section 12-25-32 and classified as a Class A
felony, a sex offense pursuant to Section 15-20A-5, possession
of a firearm by a person forbidden from firearm possession
pursuant to Section 13A-11-72, or aggravated theft by
deception pursuant to Section 13A-8-2.1, the board shall
revoke parole and require the parolee to serve the balance of
the term for which he or she was originally sentenced, or any
portion thereof, in a state prison facility, calculated from
the date of his or her rearrest as a delinquent parolee.
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the date of his or her rearrest as a delinquent parolee.
b. If the parole violation was for absconding,
possessing a firearm, or being arrested or convicted of a new
offense, or absconding, the board may revoke parole and
require the parolee to serve the balance of the term for which
he or she was originally sentenced, or any portion thereof, in
a state prison facility, calculated from the date of his or
her rearrest as a delinquent parolee.
c. For all other parolees, the board may impose a
period of confinement of no more than 45 consecutive days to
be served in a residential transition center established
pursuant to Section 15-22-30.1 or a consenting county jail
designated for this purpose as provided in Section 14-1-23.
The parolee shall be held in the county jail of the county in
which the violation occurred while awaiting the revocation
hearing. The Department of Corrections shall reimburse the
state mileage rate to the county, as determined by the Alabama
Comptroller's Office, for any state inmate charged with, or
sanctioned or revoked for, a parole violation and who is
transferred to or from a Department of Corrections facility or
to or from a consenting county jail by the county.
(2) Upon completion of the confinement period and
release from confinement, the parolee shall automatically
continue on parole for the remaining term of the sentence
without further action from the board. The parole court may
not recommend and the board may not revoke parole unless the
parolee has previously received a total of three periods of
confinement under this subsection. A parolee shall receive
only three total periods of confinement pursuant to this
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only three total periods of confinement pursuant to this
subsection. The maximum 45-day term of confinement ordered
pursuant to this subsection shall be reduced by any time
served in custody prior to the imposition of the period of
confinement and shall be credited to the balance of the
incarceration term for which the parolee was originally
sentenced. In the event the time remaining on parole
supervision is 45 days or less, the term of confinement may
not exceed the remainder of the parolee's sentence.
(3) The total time spent in confinement under this
subsection may not exceed the term of the parolee's original
sentence.
(4) Confinement shall be immediate. The board shall
ensure that the Department of Corrections, a county jail, a
residential transition center, or a consenting county jail
receives necessary documentation for imposing a period of
confinement within five business days of the board's action.
(5) If the parolee is presented to a county jail,
excluding a consenting county jail designated for this
purpose, as provided in Section 14-1-23, for any period of
confinement with a serious health condition, if the admittance
of the parolee would create a security risk to the county
jail, or if the county jail is near, at, or over capacity, the
sheriff may refuse to admit the parolee. If, while in custody
of the county jail, the parolee develops a serious health
condition, if the presence of the parolee creates a security
risk to the county jail, or if the county jail reaches near,
at, or over capacity, the sheriff may release the parolee upon
notification to the parole officer. A sheriff and employees in
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notification to the parole officer. A sheriff and employees in
the county jail shall be immune from liability for exercising
discretion pursuant to Section 36-1-12 in refusing to admit a
parolee into the jail or releasing a parolee from jail
pursuant to this subdivision.
(c) The position of Parole Revocation Hearing Officer
is created and established, subject to the state Merit System.
(d) The board may appoint or employ hearing officers
who shall conduct a parole court. The hearing officers shall
determine the sufficiency of evidence to support parole
violation charges and recommend to the board revocation of
parole pursuant to subsection (b) or reinstatement of parole.
(e) In lieu of subsections (a) and (b), when a parolee
violates his or her parole terms and conditions, his or her
parole officer, after an administrative review and approval by
the parole officer's supervisor, may impose any of the
following sanctions:
(1) Mandatory behavior treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
(4) Any other treatment as determined by the board or
supervising officer.
(5)a. A short period of confinement in the county jail
of the county in which the violation occurred. Periods of
confinement under this subdivision may not exceed six days per
month during any three separate months during the period of
parole. The six days per month confinement periods may only be
imposed as two-day or three-day consecutive periods at any
single time. The total periods of confinement may not exceed
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single time. The total periods of confinement may not exceed
nine total days.
b. Confinement pursuant to this subdivision does not
limit the board's ability to directly impose sanctions,
periods of confinement, or revoke parole.
(f)(1) Prior to imposing a sanction pursuant to
subsection (e), the parolee must first be presented with a
violation report setting forth the alleged parole violations
and supporting evidence. The parolee shall be advised that he
or she has all of the following rights:
a.1. The right to have a parole court, in person or by
electronic means, on the alleged violation or violations.
Except as provided in subparagraph 2., if a parole court is
requested, no parolee may be held beyond 20 business days of
the request.
2. If a parole court cannot be held within 20 business
days due to a state of emergency being proclaimed under
Chapter 9 of Title 31: (i) if the parolee is being held in a
Department of Corrections facility, the parole court shall be
held within 40 business days; or (ii) if the parolee is being
held in a county jail, the sheriff may agree to the parole
court being held within 40 business days. No parolee may be
held beyond 40 business days of the request to have a parole
court.
b. The right to present relevant witnesses and
documentary evidence.
c. The right to retain and have counsel at the hearing
if he or she so desires.
d. The right to confront and cross examine any adverse
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d. The right to confront and cross examine any adverse
witnesses.
(2) Upon the signing of a waiver of these rights by the
parolee and the supervising parole officer, with approval of a
supervisor, the parolee may be treated, monitored, or confined
for the period recommended in the violation report and
designated on the waiver. The parolee may not request a review
if he or she has signed a written waiver of rights as provided
in this subsection.
(g) The board shall adopt guidelines and procedures to
implement the requirements of this section, which shall
include the requirement of a supervisor's approval prior to
exercise of the delegation of authority authorized by
subsection (e)."
"§15-22-54
(a) The period of probation or suspension of execution
of sentence shall be determined by the court and may not be
waived by the defendant. The period of probation or suspension
may be continued, extended, or terminated as determined by the
court. Except as provided in Section 32-5A-191, relating to
ignition interlock requirements, the maximum probation period
of a defendant guilty of a misdemeanor may not exceed two
years, nor shall the maximum probation period of a defendant
guilty of a felony exceed five years, except as provided in
Section 13A-8-2.1. When the conditions of probation or
suspension of sentence are fulfilled, the court, by an order
duly entered on its minutes, shall discharge the defendant.
(b) The court granting probation, upon the
recommendation of the officer supervising the probationer, may
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recommendation of the officer supervising the probationer, may
terminate all authority and supervision over the probationer
prior to the declared date of completion of probation upon
showing a continued satisfactory compliance with the
conditions of probation over a sufficient portion of the
period of the probation. At least every two years, and after
providing notice to the district attorney, the court shall
review the probationer's suitability for discharge from
probation supervision if the probationer has satisfied all
financial obligations owed to the court, including
restitution, and has not had his or her supervision revoked.
(c) At any time during the period of probation or
suspension of execution of sentence, the court may issue a
warrant and have the probationer arrested for violating any of
the conditions of probation or suspension of sentence, and the
court shall hold a violation hearing. No probationer shall be
held in jail awaiting the violation hearing for longer than 20
business days, unless new criminal charges are pending. If the
hearing is not held within the specified time, the sheriff
shall release the probation violator unless there are other
pending criminal charges. A judge may issue a bond to a
probationer for release from custody.
(d) Except as provided in Chapter 15 of Title 12, any
probation officer or law enforcement officer with power of
arrest, when requested by the probation officer, may arrest a
probationer without a warrant if the probationer violates the
conditions of probation in the presence of the arresting
officer. The arresting officer, or his or her agency, as soon
as practicable, but no later than 24 hours following the
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as practicable, but no later than 24 hours following the
arrest, shall notify the Board of Pardons and Paroles of the
probationer's arrest. The probationer may be detained in the
county jail or other appropriate place of detention until the
probationer is brought before the court. The probation officer
shall report the arrest and detention to the court and submit
in writing a report showing in what manner the probationer has
violated probation.
(e) After conducting a violation hearing and finding
sufficient evidence to support a probation violation, the
court may take any of the following actions:
(1)a. If the underlying offense was a violent offense
as defined in Section 12-25-32 and a Class A felony, a sex
offense pursuant to Section 15-20A-5, possession of a firearm
by a person forbidden from firearm possession pursuant to
Section 13A-11-72, or aggravated theft by deception pursuant
to Section 13A-8-2.1, the court shall revoke probation and
require the probationer to serve the balance of the term for
which he or she was originally sentenced, or any portion
thereof, in a state prison facility, calculated from the date
of his or her rearrest as a delinquent probationer.
b. If the probation violation was for absconding,
possessing a firearm, being arrested or convicted of a new
offense, absconding, or failing to successfully complete a
court supervised, evidence-based treatment program, as defined
in Section 12-25-32, a court ordered faith-based program, or
any other court ordered rehabilitative program, the court may
revoke probation and require the probationer to serve the
balance of the term for which he or she was originally
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balance of the term for which he or she was originally
sentenced, or any portion thereof, in a state prison facility,
calculated from the date of his or her rearrest as a
delinquent probationer.
c. For all other probationers, the court may impose a
period of confinement of no more than 45 consecutive days to
be served in a residential transition center established
pursuant to Section 15-22-30.1 or a consenting county jail
designated for this purpose as provided in Section 14-1-23.
The probationer shall be held in the county jail of the county
in which the violation occurred while awaiting the revocation
hearing. The Department of Corrections shall reimburse the
state mileage rate to the county, as determined by the Alabama
Comptroller's Office, for any probationer charged with, or
sanctioned or revoked for, a probation violation and who is
transferred to or from a Department of Corrections facility or
to or from a consenting county jail by the county.
(2) Upon completion of the confinement period, the
remaining probation period or suspension of sentence shall
automatically continue upon the defendant's release from
confinement. The court may not revoke probation unless the
defendant has previously received a total of three periods of
confinement pursuant to this subsection. For purposes of
revocation, the court may take judicial notice of the three
total periods of confinement under this subsection. A
defendant shall only receive three total periods of
confinement pursuant to this subsection. The maximum 45-day
term of confinement ordered pursuant to this subsection for a
felony shall be reduced by any time served in custody prior to
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felony shall be reduced by any time served in custody prior to
the imposition of the period of confinement and shall be
credited to the suspended sentence. If the time remaining on
the imposed sentence is 45 days or less, the term of
confinement may not exceed the remainder of the defendant's
sentence.
(3) The total time spent in confinement under this
subsection may not exceed the term of the defendant's original
sentence.
(4) Confinement shall be immediate. The court shall
ensure that the circuit clerk receives the order revoking
probation within five business days. The circuit clerk shall
ensure that the Department of Corrections, a county jail, a
residential transition center, or a consenting county jail
receives necessary transcripts for imposing a period of
confinement within five business days of its receipt of the
court's order.
(5) If a probation violator with a serious health
condition is presented to a county jail, excluding a
consenting county jail designated for this purpose as provided
in Section 14-1-23, for any period of confinement, if the
confinement of the probation violator would create a security
risk to the county jail, or if the county jail is near, at, or
over capacity, the sheriff may refuse to admit the probation
violator. If, while in custody of the county jail, a probation
violator develops a serious health condition, if a confinement
of the probation violator creates a security risk to the
county jail, or if the county jail reaches near, at, or over
capacity, the sheriff may release the probation violator upon
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capacity, the sheriff may release the probation violator upon
notification to the probation officer and to the court who has
jurisdiction over the probation violator. A sheriff and his or
her employees shall be immune from liability for exercising
discretion pursuant to Section 36-1-12 in refusing to admit a
probation violator into the jail or releasing a probation
violator from jail pursuant to this subdivision.
(f) In lieu of subsections (c) through (e), when a
probationer violates his or her probation terms and conditions
imposed by the court, his or her probation officer, after an
administrative review and approval by the probation officer's
supervisor, may impose any of the following sanctions:
(1) Mandatory behavioral treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
(4) Any other treatment as determined by the court or
supervising officer.
(5) A short period of confinement in the county jail of
the county in which the violation occurred. Periods of
confinement under this subdivision may not exceed six days per
month during any three separate months during the period of
probation. The six days per month confinement period may only
be imposed as two-day or three-day consecutive periods at any
single time. The total periods of confinement may not exceed
nine total days.
(g)(1) Prior to imposing a sanction pursuant to
subsection (f), the probationer must first be presented with a
written violation report setting forth the alleged probation
violations and supporting evidence. The probationer shall be
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violations and supporting evidence. The probationer shall be
provided a written notice that he or she has the right to all
of the following:
a. Have a hearing before the court on the alleged
violation or violations in person or by electronic means. If a
hearing is requested, no probationer shall be held beyond 20
business days of the request. Only requesting probationers
posing a threat to public safety or a flight risk shall be
arrested while awaiting a hearing.
b. Present relevant witnesses and documentary evidence.
c. Retain and have counsel at the hearing and that
counsel shall be appointed if the probationer is indigent.
d. Confront and cross examine any adverse witnesses.
(2) The probationer may waive the right to have a
hearing. Upon the signing of a waiver of these rights by the
probationer and the supervising probation officer, with
approval of the probation officer's supervisor, the
probationer may be treated, monitored, or confined for the
period recommended in the violation report and designated on
the waiver. The probationer may not request a review if he or
she has signed a written waiver of rights as provided in this
subsection.
(h) The board shall adopt guidelines and procedures to
implement the requirements of this section, which shall
include the requirement of a supervisor's approval prior to a
supervising probation officer's exercise of the delegation of
authority authorized by subsection (f)."
Section 4. Section 15-13-3, Code of Alabama 1975, is
amended to read as follows:
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amended to read as follows:
"§15-13-3
(a) A defendant is not eligible for bail when he or she
is charged with capital murder pursuant to Section 13A-5-40,
if the court is of the opinion, on the evidence adduced, that
he or she is guilty of the offense.
(b)(1) The court, after After a pretrial detention
hearing as provided in this subsection (d)for an offense
enumerated in this subsection and , after the presentment of an
indictment or a showing of probable cause in the charged
offense, and if thecourt may deny a defendant bail if both of
the following apply:
(1) The prosecuting attorney proves by clear and
convincing evidence that no condition or combination of
conditions of release will reasonably ensure the defendant's
appearance in court or protect the safety of the community or
any person, may deny a defendant's bail, if he or she .
(2) The defendant is charged with any of the following
offenses:
a. Murder, as provided in Section 13A-6-2.
b. Kidnapping in the first degree, as provided in
Section 13A-6-43.
c. Rape in the first degree, as provided in Section
13A-6-61.
d. Sodomy in the first degree, as provided in Section
13A-6-63.
e. Sexual torture, as provided in Section 13A-6-65.1.
f. Domestic violence in the first degree, as provided
in Section 13A-6-130.
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in Section 13A-6-130.
g. Human trafficking in the first degree, as provided
in Section 13A-6-152.
h. Burglary in the first degree, as provided in Section
13A-7-5.
i. Arson in the first degree, as provided in Section
13A-7-41.
j. Robbery in the first degree, as provided in Section
13A-8-41.
k. Terrorism, as provided in subdivision (b)(2) of
Section 13A-10-152 (b)(2).
l. Aggravated child abuse, as provided in subsection
(b) of Section 26-15-3.1 (b).
m. Certain persons forbidden to possess a firearm, as
provided in Section 13A-11-72.
n. 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).
o. Any solicitation, attempt, or conspiracy to commit
any of the offenses listed in paragraphs a. through n.,
inclusive.
(2)(c) A court shall order that a defendant charged
with an offense listed in this subsection (b) be held without
bail prior to a pretrial detention hearing.
(3)(d) The court shall hold a pretrial detention
hearing immediately upon the defendant's first appearance
before the court, unless the prosecuting attorney or the
defendant requests a continuance. Except for good cause, a
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defendant requests a continuance. Except for good cause, a
continuance on a motion of the defendant may not exceed five
days, excluding Saturdays, Sundays, and state holidays, and a
continuance on motion by the prosecuting attorney may not
exceed three days, excluding Saturdays, Sundays, and state
holidays. The defendant shall be detained during any
continuance.
(4)a.(e)(1) A defendant shall have all of the following
rights at a pretrial detention hearing:
1.a. To be represented by counsel. If the defendant is
financially unable to obtain counsel, he or she shall have
counsel appointed.
2.b. To testify.
3.c. To present witnesses.
4.d. To present evidence.
5.e. To cross-examine witnesses.
b.(2) The judge shall have discretion as to who the
defendant may call as a witness as provided in this
subdivision at the pretrial detention hearing.
(5)(f) In considering whether there are any conditions
or combination of conditions that would reasonably ensure the
defendant's appearance in court or protect the safety of the
community and of any person, the court shall consider all of
the following factors:
a.(1) The nature and circumstances of the offenses
charged.
b.(2) The weight of the evidence against the defendant.
c.(3) The history and characteristics of the defendant,
including, but not limited to the defendant's character,
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including, but not limited to the defendant's character,
physical and mental condition, family ties, employment,
financial resources, length of residence in the community,
community ties, past conduct, history relating to drug or
alcohol abuse, criminal history, and record concerning
appearance at court proceedings, and whether, at the time of
the current offense, the defendant was on probation, parole,
or on other release pending trial, sentencing, appeal, or
completion of sentence for an offense.
d.(4) The nature and seriousness of the danger to any
person or the community if the defendant is released.
(6)(g) At any pretrial detention hearing, the rules
governing admissibility of evidence in criminal trials shall
not apply, and the court shall receive all relevant evidence.
All evidence shall be recorded. The testimony of a defendant
may not be admissible in any other criminal proceeding against
the defendant, except if being used for perjury based on the
testimony or for the purpose of impeachment in any subsequent
proceeding.
(7)a.(h)(1) A prosecuting attorney may file a motion
for a pretrial detention hearing at any time.
b.(2) A pretrial detention hearing may be reopened,
before or after a determination by the court, at any time
prior to trial if the court finds that information exists that
was not known by the movant at the time of the pretrial
detention hearing.
(8)(i) In an order denying bail, the judge shall make
written findings or state for the record findings of fact and
a statement of the reasons for denying bail. The judge shall
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a statement of the reasons for denying bail. The judge shall
enter an order denying bail within 48 hours of the pretrial
detention hearing."
Section 5. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 6. Sections 1 and 2 of this act shall become
effective on October 1, 2025. Section 4 of this act shall
become effective immediately upon the ratification of the
amendment to the Constitution of Alabama of 2022 proposed by
SB ___ of the 2025 Regular Session.
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