HB345 Alabama 2013 Session

Under existing law, a professional bail company may arrest a defendant who fails to appeal for trial upon a certified copy of the undertaking of bail or another person may be authorized to arrest the defendant

This bill would provide that, in order to obtain a certified copy of the undertaking, a professional bail company must submit a sworn affidavit to the court clerk setting out the violations of the defendant and would provide that false statements on the affidavit would constitute perjury in the third degree

This bill would provide that only employees, agents, or persons with a financial interest in the professional bail company who have made the certifications or are listed on the certifications provided by law may arrest a defendant on a certified copy of the undertaking

This bill would require the assessment of a fee of $50 for each certified copy of the undertaking and would specify how the fee is to be distributed

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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

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

To amend Section 15-13-62, Code of Alabama 1975, relating to exoneration of bail and the arrest of defendants, to require a professional bail company to submit a sworn affidavit to the court clerk setting out the violations of the defendant in order to obtain a certified copy of the undertaking; to provide that false statements on the affidavit would be perjury in the third degree; to provide that only employees, agents, or persons with a financial interest in the professional bail company who have made the certifications or are listed on the certifications provided by law may arrest a defendant on a certified copy of the undertaking; to provide for a fee for each certified copy of the undertaking; to provide for the disbursement of the fee; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.