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.

Description

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.

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Subjects

Crimes and Offenses