HB346 Alabama 2013 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2013

Title

Professional Bail Companies, requiring biannual certification, maximum amount authorized to post provided, bail company to provide sworn affidavit with specified information, fees, examination and educational requirements, Sec. 15-13-160 am'd.

Summary

HB346 would tighten regulation of professional bail companies in Alabama by mandating biannual authorization, setting bond posting limits, strengthening background checks and training, and adding certification fees and penalties.

What This Bill Does

HB346 would require professional bail companies to obtain authorization as sureties twice a year, with renewal tied to biannual orders. It would set a maximum amount that a bail company may post per defendant and require backing by an escrow agreement or corporate bond with specified minimums and liability limits. It would mandate an affidavit from company leaders detailing compliance, require fingerprint-based background checks, require exam and training for employees, establish certification fees and their distribution, and impose penalties for false information or failure to disclose requested records.

Who It Affects

• Professional bail companies and their owners, principals, officers, employees, and any person with a financial interest in the company, who must meet new background, education, certification, reporting, and disclosure requirements.
• Defendants, the public, and state/county entities affected by bond oversight, since bond posting is capped and oversight is expanded, influencing how bonds are issued and funded.

Key Provisions

• Biannual authorization: professional bail companies must be authorized twice yearly by the presiding circuit judge, with renewals issued before January 1 and July 1.
• Bond posting cap: the maximum appearance bond a bail company may post per defendant cannot exceed the escrow-backed amount; total liabilities cannot exceed three times the escrow amount.
• Escrow/bond backing and bank involvement: require an original corporate surety bond or escrow agreement with specified minimums and bank participation; agreements may be cancelled only with 30 days’ notice.
• Affidavit and background: require an affidavit by an owner/principal detailing compliance, including criminal background information and disqualification conditions; applicants must be fingerprinted.
• Certification fees: biannual certification requires a $500 filing fee, distributed to county sheriff, court clerk, and solicitor funds.
• Education and testing: bail agents must have a high school diploma or GED, complete a 20-hour training course, pass a state certification exam, and maintain 10 hours of continuing education.
• Recordkeeping and reporting: biannual reports must list officers/employees with financial interest, confirm education/training, and show continuing education; officials can request records and the company must respond within 10 days; failure can lead to contempt.
• Disqualifications and penalties: individuals with certain criminal histories or undisclosed records cannot certify or work for a bail company; penalties include fines and potential violations of criminal statutes.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval.

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