HB 282

The existing Constitution of Alabama of 1901, provides that all persons, before conviction, are allowed bail, unless the person is charged with a capital offense and the proof of guilt is evident or the presumption of guilt is great and that excessive bail may not be required in any case

This bill would propose an amendment to the Constitution of Alabama of 1901, that would allow bail, unless a person is charged with a capital offense, an offense punishable by life without parole, or an offense punishable by life imprisonment and proof of guilt is evident or the presumption of guilt is great

The amendment also would allow bail to be denied if no condition of release can reasonably protect the community from risk of physical harm to the accused, the public, or both, ensure the presence of the accused at trial, or ensure the integrity of the judicial process

To propose an amendment to Section 16 of the Constitution of Alabama of 1901, now appearing as Section 16 of the Official Recompilation of the Constitution of Alabama 1901, as amended, to provide that all persons charged with a crime, before conviction, be allowed bail by sufficient sureties, unless the person is charged with a capital offense, an offense punishable by life without parole, or an offense punishable by life imprisonment, when the proof is evident or the presumption is great, if no conditions of release can reasonably protect the community from risk of physical harm to the accused, the public, or both, ensure the presence of the accused at trial, or ensure the integrity of the judicial process.

Section 1

The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT

Section 16.

That all persons shall, before conviction, be bailable by sufficient sureties, except for Every person charged with a crime may be entitled to pretrial bail on reasonable conditions, unless charged with a capital offenses offense or an offense punishable by life without parole or life imprisonment, when the proof is evident or the presumption great. If no condition of release can reasonably protect the community from risk of physical harm to the accused, the public, or both, ensure the presence of the accused at trial, or ensure the integrity of the judicial process, the accused may be detained without bail.; and that excessive Excessive bail shall not in any case be imposed or required."

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Proposing an amendment to the Constitution of Alabama of 1901, to provide that all persons charged with a crime, before conviction, be allowed bail, unless the person is charged with a capital offense or offense punishable by life imprisonment or life without parole, when the proof of guilt is evident or the presumption of guilt is great and to allow the denial of bail if no condition of release can reasonably protect the community from risk of physical harm to the accused, the public, or both, ensure the presence of the accused at trial, or ensure the integrity of the judicial process."

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."