SB 31

Under existing law, a municipal judge is required to admit to bail a person charged with a violation of a municipal ordinance and is allowed to release the person on personal recognizance

This bill would require a municipal judge to release a defendant coming before the court who is charged with committing a violation punishable by a fine or jail time, or both, on an unsecured appearance bond or on personal recognizance, with exceptions

Relating to bail in municipal court; to amend Section 12-14-5, Code of Alabama 1975, to require a municipal judge to release a defendant coming before the court who is charged with a violation punishable by a fine or jail time, or both, on either an unsecured appearance bond or on personal recognizance, with exceptions; and to establish certain procedures for the release of the defendant.

Section 1

Section 12-14-5, Code of Alabama 1975, is amended to read as follows:

§12-14-5.

(a) As used in this section, the following terms shall have the following meanings:

(1) PERSONAL RECOGNIZANCE. A defendant's release without any condition of an undertaking relating to, or a deposit of, security.

(2) UNSECURED APPEARANCE BOND. An undertaking to pay to the clerk of the municipal court, for the use of the municipality, a specified sum of money upon the failure of a person released to comply with its conditions.

(b)(1) Municipal judges shall admit to bail release any person coming before the court who is charged with violation of any municipal ordinance committing a violation punishable by a fine or imprisonment, or both, by requiring imposing an unsecured appearance bond, with good security, to be approved by the respective municipal judges or their designees, in an amount not to exceed $1,000.00 one thousand dollars ($1,000), and may, in their discretion, admit to bail such person on a or by releasing the person on personal recognizance bond, such bonds to be conditioned on the appearance of such person before the judge on a day named therein to answer the charges preferred against him. The municipal judge may waive an appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.

(2) If financial conditions of bail are set, the municipal judge shall first ensure that the defendant can afford to pay the financial obligations without substantial hardship and shall explain this finding in the written findings made on the record.

(3) If for any reason the defendant is unable to pay the financial conditions of bail imposed, the municipal judge shall waive or reduce the financial conditions upon a satisfactory showing that the defendant is indigent or otherwise unable to make bond and may impose additional non-financial conditions of release.

(4) A defendant released on personal recognizance or pursuant to the execution of an unsecured appearance bond shall be issued a citation to appear at a certain time or date and released no later than the completion of the booking process.

(5) Subdivisions (1) and (4) do not apply if a preliminary determination has been made that the person poses a real and present danger to others or to the public at large or that such a release will not reasonably assure the defendant's appearance as required.

(6) If a preliminary determination has been made pursuant to subdivision (5), the defendant shall be detained until the court conducts a hearing and makes written findings on the record as to the appropriate conditions of release. In making that determination, the court shall be guided by the factors set forth in subsection (a) of Rule 7.2 of the Alabama Rules of Criminal Procedure.

(7) A hearing under subdivision (6) shall take place within 48 hours of arrest if the defendant was arrested without a warrant or within 72 hours of arrest if the defendant was arrested with a warrant.

(c) Notwithstanding the requirements of subsection (b), a municipal judge shall:

(1) Follow the procedure outlined in subsection (a) of Section 15-13-190 when a defendant is charged with domestic violence or a violation of a domestic violence protection order.

(2) Follow the procedure of subsection (n) of Section 32-5A-191 when a defendant is charged with driving under the influence."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.