HB113 Alabama 2020 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

Regular Session 2020

Title

Bail, to provide for an additional offense under which you can be denied bail, Secs. 15-13-2, 15-13-3 am'd.

Summary

HB 113 creates Aniah's Law to expand bail-denial offenses and establish a new pretrial detention process for certain serious crimes.

What This Bill Does

It adds offenses for which a judge may deny bail before trial after a pretrial detention hearing and allows holding a defendant without bond for up to 10 days for those offenses. It requires an immediate pretrial detention hearing at the first court appearance, with limited continuances, and keeps the defendant detained during that period. It sets rights at the detention hearing (counsel, testify, present witnesses, cross-examine) and the factors the court must consider when deciding conditions, and it allows all relevant evidence to be admitted while recording the proceedings. It requires written findings and a 48-hour order denying bail if bail is denied, and updates related bail procedures for warrants, arrests without warrants, and minimum bail rules.

Who It Affects

• Defendants charged with the enumerated offenses listed in the bill (e.g., murder, first-degree assault, first-degree kidnapping, first-degree rape, first-degree sodomy, sexual torture, first-degree domestic violence, first-degree human trafficking, first-degree burglary, first-degree arson, first-degree robbery, terrorism, and aggravated child abuse) who could be denied bail and held without bond pending a pretrial detention hearing for up to 10 days.
• Judges, prosecutors, defense attorneys, law enforcement, and other court personnel responsible for conducting the detention hearings, applying the new rules, and implementing the updated bail procedures.

Key Provisions

• Creates Aniah's Law and adds listed offenses that allow a judge to deny bail prior to a pretrial detention hearing.
• Allows a pretrial detention hold of up to 10 days without bond for cases involving listed offenses, pending a detention hearing.
• Requires an immediate pretrial detention hearing at first appearance, with limited continuances and detention during the hearing.
• Gives the defendant rights at the detention hearing (counsel, testify, present witnesses, present evidence, cross-examine) and allows the judge discretion over which witnesses may be called.
• Requires the court to consider factors such as offense nature, evidence weight, defendant history, and community danger when deciding conditions of release.
• During the detention hearing, all relevant evidence may be admitted and recorded; the defendant's testimony may be limited in future proceedings.
• Requires written findings and a 48-hour order denying bail if bail is denied, and updates related bail procedures for warrants, arrest without warrants, and minimum bail amounts.
• Amends sections 15-13-2, 15-13-3, 15-13-7, 15-13-104, 15-13-105, and 15-13-106 to implement these changes.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Bail