SB349 Alabama 2015 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Session

Regular Session 2015

Title

Bail bonds, provisions governing professional bail agents, soliciting bail agents, and bail enforcement agents revised, procedures for forfeiture of bail revised, licensure of professioal bail companies, required, Secs. 15-13-101, 15-13-117, 15-13-129, 15-13-131, 15-13-132, 15-13-138, 15-13-139, 15-13-141, 15-13-159, 15-13-160 am'd.

Description

Under existing law, a bail bondsman must be approved as either a professional surety company or professional bail company and be approved by the presiding circuit judge of each county in which the bail bondsman desires to operate.

This bill would revise certain provisions governing those acting as a professional bail agent, a soliciting bail agent, a bail enforcement agent, or a professional bondsman.

This bill would require a bail enforcement agency to report to the sheriff of the county in which he or she is attempting to locate a fugitive, would revise the procedures and time frames for the forfeiture of bail, and would revise provisions governing professional surety companies.

This bill would also revise the bond requirements of professional bail companies to allow these companies to place cash deposits with the Commissioner of Insurance, and would require professional bail companies to be licensed by the Commissioner of Insurance.

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

Bail Bonds