HB130 Alabama 2021 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Co-Sponsors

Wes AllenAlan BakerMike BallChris BlackshearTerri CollinsCorley EllisTracy EstesVictor GastonWes KitchensJoe LovvornRhett MarquesParker MooreEd OliverPhillip PettusChris PringleRex ReynoldsProncey RobertsonChris SellsRandall SheddMatt SimpsonJeff SorrellsShane StringerRodney SullivanAllen TreadawayDavid WheelerAndy WhittMargie Wilcox

Session

Regular Session 2021

Title

Bail, to provide for an additional offense under which an individual can be denied bail, pretrial detention hearing under certain circumstances provided, Secs. 15-13-2, 15-13-3, 15-13-7, 15-13-104, 15-13-105, 15-13-106 am'd.

Summary

HB130 creates Aniah's Law, adding more offenses for which bail can be denied and establishing immediate pretrial detention hearings with updated bail procedures.

What This Bill Does

It adds a specific list of serious offenses (such as murder, first-degree assault, kidnapping, rape, sodomy, sexual torture, domestic violence, human trafficking, burglary, arson, robbery, terrorism, and aggravated child abuse) for which a judge may deny bail if release can’t reasonably ensure appearance or protect the public. It requires an immediate pretrial detention hearing after first appearance for those offenses, with limited continuances and detention during any delay. It also updates bail-related procedures, including writs that note 'no bail' for certain offenses, minimum bail rules for warrantless arrests, and a 24-hour jail detention limit without a bail order, while outlining rights and factors for detention decisions.

Who It Affects

• Defendants charged with the enumerated offenses (e.g., murder, rape, kidnapping, etc.) who could be denied bail or held without bond pending a pretrial detention hearing.
• Judges, prosecutors, and other court personnel who must conduct the detention hearings, issue no-bail orders, set bail, prepare findings, and manage warrants and detention timelines.

Key Provisions

• Creates Aniah's Law, adding enumerated offenses for which bail may be denied.
• Requires an immediate pretrial detention hearing after first appearance for defendants charged with listed offenses, with strict continuance limits (defendant up to 5 days, prosecutor up to 3 days).
• Deny bail only if the state proves by clear and convincing evidence that no condition of release will reasonably ensure appearance or protect the community.
• Gives defendants rights at the detention hearing (counsel, testimony, witnesses, evidence, cross-examination) and allows the judge to limit who may be called as a witness.
• Requires consideration of factors: offense nature, weight of evidence, defendant history, and potential danger to persons or the community.
• Admits evidence at detention hearings without the usual criminal trial rules; all relevant evidence is allowed and the proceedings are recorded.
• Prosecutors can file for a detention hearing; hearings can be reopened if new information arises before trial.
• If bail is denied, the judge must issue written findings and deny bail within 48 hours.
• Writs and bail administration updated: indictments for listed offenses call for 'no bail'; warrants for non-bailable offenses indicate 'no bail' and release is restricted before initial appearance.
• Bail amounts must be affixed to arrest warrants; if no standard schedule exists, minimum bail is $300 for violations/misdemeanors; no one may be jailed more than 24 hours without a bail order unless bail is not authorized by law.
• Effective immediately upon ratification of the constitutional amendment granting reasonable bail prior to conviction, except for enumerated offenses listed in HB130.

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