HB345 Alabama 2013 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2013

Title

Bail, arrets by professional bail company further provided for, sworn affidavit required, false statements on affidavit deemed perjury in third degree, fee for issuance, Sec. 15-13-62, am'd.

Summary

HB345 would require professional bail companies to file sworn affidavits to obtain certified copies of bail undertakings, limit who can arrest using those copies, and impose a $50 fee with specified distribution, while making false affidavits perjury.

What This Bill Does

To obtain a certified copy of the undertaking, a professional bail company must submit a sworn affidavit to the court clerk listing the defendant's violations. False statements on the affidavit would be perjury in the third degree. Only certain bail company employees/agents with certifications may arrest a defendant using a certified copy, and there is a $50 fee per certified copy with distribution to county Sheriff's Fund (10%), circuit clerk's fund (45%), and Solicitor's Fund (45%), plus required audits of the fee records. The bill acknowledges local expenditure implications under Amendment 621 but states it is exempt from that requirement due to specified exceptions.

Who It Affects

• Professional bail companies and their employees/agents with a financial interest in the company: must file sworn affidavits, may only arrest using certified copies if authorized, face perjury penalties for false statements, and must collect and manage the new $50 fee.
• County and local government funds (Sheriff's Fund, Circuit Clerk's Fund, Solicitor's Fund) and the court system: receive the fee distributions and are subject to audits, with mentioned local expenditure implications.

Key Provisions

• Amends Section 15-13-62 to require a professional bail company to submit a sworn affidavit detailing defendant violations to obtain a certified copy of the undertaking.
• Specifies that false statements in the sworn affidavit constitute perjury in the third degree (against the defendant or the affiant, as applicable).
• Limits arrest authority on a certified copy of the undertaking to only those employees/agents/financially interested persons who have made or are listed on the certifications.
• Imposes a $50 fee for each certified copy of the undertaking, with 10% to the county Sheriff's Fund, 45% to the circuit clerk's fund, and 45% to the Solicitor's Fund, and requires annual audits by the Department of Examiners of Public Accounts.
• Notes that the bill would create a new or increased local expenditure but is exempt from Amendment 621 requirements because it falls within one of the specified exceptions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses