SB361 Alabama 2013 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Co-Sponsor

Harri Anne Smith

Session

Regular Session 2013

Title

Bail bonds, court costs, official executing bond, collection of bond fee within 30 days, remission of fee to court clerk within 2 days, 2012-535, 2012 Reg. Sess., am'd; Secs. 12-14-31, 12-19-311 am'd.

Summary

SB361 updates bail bond fees by extending collection time, adding a new contempt penalty for nonpayment, clarifying how fees apply when multiple charges arise, and making the bail bond fee permanent by repealing its expiration date.

What This Bill Does

It changes how bail bond fees are charged and collected, including defining when the same incident applies for multiple charges and extending the time officials have to remit the fee to the court. It adds a contempt penalty of at least $500 for nonpayment and allows suspension of a bondsman’s authority if payment is not made. It sets the fee amounts (a $35 filing fee plus a 3.5% bail bond fee with minimums and maximums) and lists exceptions for certain release types, while repealing the bill’s expiration date and detailing how fees are distributed and audited.

Who It Affects

• Defendants and their bondsmen/sureties: they will be charged bail bond fees (with specific amounts and release-type exceptions), may face contempt fines for nonpayment, and must handle fee payment and potential penalties.
• Courts, prosecutors, sheriffs, and local government entities: they collect, remit, enforce, and distribute the bail bond fees to various funds, and this process is subject to monthly distribution and audits.

Key Provisions

• Amends Act 2012-535 (now §12-14-31 and §12-19-311) to define 'same incident' as the same date, location, and proximate time for multiple charges and to limit the fee when multiple charges arise from the same incident.
• Extends and clarifies collection/remittance timelines: the fee may be collected by the official executing the bond or by the court clerk, with remittance to the clerk within 30 days if collected by the official, or within two business days if collected by the clerk.
• Imposes new contempt penalties: a fine of at least $500 for failure to pay the fee, with possible revocation of a bondsman's authority to issue bonds in certain cases.
• Sets the bail bond fee schedule: a $35 filing fee on each bond, plus a 3.5% bond fee (min/max: $100/$450 for misdemeanors; $150/$750 for felonies); $25 fee for certain judicial public bail or recognizance releases; with medical release exceptions.
• Specifies that the defendant is responsible for the fee, assessed at adjudication or sentencing, subject to release-type exceptions and other conditions.
• Outlines how fees are distributed: portions go to county sheriff funds, court clerk funds, Solicitor's Funds, State General Fund, and the Alabama Forensic Sciences Trust Fund, with specific percentages and monthly audits.
• Repeals Section 7 of Act 2012-535 and makes the act effective immediately upon the Governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Bail Bonds