HB134 Alabama 2014 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2014

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, Secs. 15-13-62, 15-13-160, 15-13-163 am'd.

Summary

HB134 would overhaul professional bail companies by tightening certification, training, and reporting requirements, capping bond postings, and adding penalties and revocation powers.

What This Bill Does

It would require professional bail companies to undergo biannual certification with background checks, an approved Department of Insurance exam, and ongoing education. It would also require sworn affidavits to obtain certified copies of the undertaking and impose perjury penalties for false statements. It would limit who may arrest on a certified copy to specific trained employees or agents with certifications, and it would set a maximum appearance bond per defendant. It would create new fee structures, require notice to judges and the district attorney when affiliated individuals are arrested for certain crimes, and empower revocation of a bail company's authority for various violations, with a constitutional provision noting an exemption for local funds.

Who It Affects

• Professional bail companies and their owners, principals, employees, or others with a financial interest; they would face biannual certification, background checks, exams, educational requirements, reporting duties, and potential revocation or penalties for noncompliance or false information.

Key Provisions

• To obtain a certified copy of the undertaking, a professional bail company must file a sworn affidavit listing the defendant's violations; false statements would be perjury in the third degree.
• Only employees, agents, or persons with a financial interest who have made the certifications or are listed on certifications may arrest on a certified copy of the undertaking.
• A maximum amount of an appearance bond may be posted per defendant by a professional bail company.
• A professional bail company must file an affidavit sworn by an owner/principal/member/ person with a financial interest, proving satisfaction of requirements including background checks and other information.
• Certification fees are set (e.g., $100 annual filing fee and a $50 per certified copy fee) with specified distributions to county Sheriff Fund, circuit clerk's fund, and Solicitor's Fund; these records are audited.
• Employees must complete a 40-hour Department of Insurance–approved training, pass a state certification exam, and maintain continuing education hours.
• The authority of a bail company can be revoked or suspended for violations such as fraud, bad faith, coercion, failure to comply with requirements, or other specified misconduct.
• The bail company must notify the presiding judge and district attorney in writing within 72 hours if any affiliated person is arrested for a felony or other offenses; noncompliance results in automatic suspension and possible revocation.
• Biannual certification requires fingerprinting and national criminal history checks; results must be reviewed by the presiding judge, and pardons/restoration of civil rights must be documented.
• Annual reporting must include names and interests of officers/employees/agents, confirm education and exam completion, and include continuing education details, sworn to by the owner; documents must be produced within 10 days upon request.

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