HB134 Alabama 2014 Session

Under existing law, a professional bail company may arrest a defendant who fails to appear 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

Under existing law, a professional bail company may become a surety on any appearance bond in the state upon satisfying certain certification requirements

This bill would provide a maximum amount of an appearance bond that a professional bail company may post per defendant

This bill would require a professional bail company to provide an affidavit, sworn to and signed by an owner, principal, member, or person with a financial interest in the professional bail company, setting forth proof of satisfaction of certain requirements, including new requirements related to criminal background histories and other additional information

This bill would provide for fees for certification and would specify the disbursement of the fees

This bill would also require a person employed by a professional bail company to pass an examination developed by the Department of Insurance and comply with other educational requirements

This bill would provide penalties for persons providing false information

Under existing law, authority to act as a professional surety company or a professional bail company may be revoked or withheld by a court for violations of the laws governing professional bail companies

This bill would authorize the revocation of authority to act as a professional surety company or a professional bail company if specified acts are committed

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

Relating to bail bonds; to amend Section 15-13-62, Code of Alabama 1975, 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; to amend Section 15-13-160, Code of Alabama 1975, relating to professional bail companies, to provide a maximum amount of an appearance bond that a professional bail company may post per defendant; to require professional bail companies to provide an affidavit, sworn to and signed by certain persons affiliated with the company, setting forth proof of satisfaction of certain requirements; to provide for fees for certification; to provide for disbursement of the fees; to require a person employed by a professional bail company to pass an examination developed by the Department of Insurance; to provide penalties for providing false information; to amend Section 15-13-163, Code of Alabama 1975, relating to the examination of sureties and documents, to authorize the revocation of authority to act as a professional surety company or a professional bail company if specified acts are committed; to require a professional bail company to notify the presiding judge and the district attorney's office in the counties where the professional bail company is certified, in writing, if any person, including an employee, agent, or other person with a financial interest in the professional bail company is arrested for a felony or certain other criminal offenses within a specified time frame; 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.