SB329 Alabama 2021 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2021

Title

Bail, prohibit certain defendants from being admitted to bail, Sec. 15-13-3 am'd.

Summary

SB329 would bar admission to bail for defendants charged with capital murder (and certain deadly-injury cases), while allowing a limited right to bail in some capital murder cases after prosecutorial delays.

What This Bill Does

It changes bail rules so that, regardless of age, a person charged with capital murder or with a personal injury likely to cause death under circumstances that would constitute capital murder cannot be admitted to bail. In capital murder cases, the defendant is only entitled to bail as a matter of right after the state has twice continued the case for absent witnesses following indictment. If an indictment is dismissed, the defendant can still receive the benefit of prior continuances for absent witnesses; if no new indictment is found, the dismissal counts as a continuance by the state for absent witnesses. The law becomes effective on the first day of the third month after it is passed and approved.

Who It Affects

• Defendants charged with capital murder (regardless of age) cannot be admitted to bail under the new rule.
• Defendants charged with a personal injury to another that is likely to produce death under circumstances that would constitute capital murder cannot be admitted to bail.
• Capital murder defendants in cases where the state has twice continued the case for absent witnesses after indictment will be entitled to bail as a matter of right.

Key Provisions

• Amends Section 15-13-3 to bar bail for defendants charged with capital murder or for certain deadly personal-injury offenses.
• In capital murder cases, bail is only a matter of right after the state has twice continued the case for absent witnesses following indictment.
• If an indictment is dismissed, the defendant may receive the benefit of prior continuances for absent witnesses; if no new indictment is found, the dismissal is treated as a continuance by the state for absent witnesses.
• Effective date: the act takes effect on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Bail