HB282 Alabama 2019 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

Regular Session 2019

Title

Bail, in criminal cases, Section 16, Constitution of Alabama of 1901, am'd, const. amend.

Summary

HB 282 would change Alabama’s pretrial bail rules by making bail generally available except for certain severe offenses, and allow detention without bail if release cannot protect safety or the integrity of the judicial process.

What This Bill Does

It would require bail for all persons before conviction with sufficient sureties, except for capital offenses and Class A felonies (as listed in Chapter 6 of Title 13A) where proof is evident or the presumption of guilt is great. If no release conditions can reasonably protect the community from harm, ensure the presence of the accused at trial, or protect the integrity of the judicial process, the person may be detained without bail. Excessive bail would not be allowed in any case. The measure also sets up a public election to approve the constitutional amendment.

Who It Affects

• People charged with crimes in Alabama before conviction, particularly those charged with capital offenses or Class A felonies, whose bail eligibility and conditions could change under the amendment.
• The broader public and the judicial system, since decisions about detention without bail and release conditions could affect community safety, trial attendance, and the integrity of court proceedings.

Key Provisions

• All persons charged with a crime before conviction would be bailable by sufficient sureties, except for capital offenses and Class A felonies listed in Chapter 6 of Title 13A when proof is evident or the presumption is great.
• If no condition of release can reasonably protect the community from risk of physical harm to the accused or the public, or ensure the presence of the accused at trial, or ensure the integrity of the judicial process, the accused may be detained without bail.
• Excessive bail could not be imposed or required in any case.
• Class A felonies and capital offenses are defined by the listed Chapter 6 of Title 13A, specifying which offenses face the heightened risk of no-bail detention.
• The amendment would be presented to voters in a statewide election, with ballot language describing the proposed changes and requiring majority approval to take effect.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments