SB337 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2021

Title

Bail bonds, cash bail only requirement removed, under certain conditions, arrest and delivery of a defendant further provided, time frames for providing notice and conducting hearings increased in conditional forfeiture proceedings, Bail Bond Reform Act of 1993, Secs. 15-13-103, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-136, 15-13-137, 15-13-138, 15-13-142, 15-13-145, 15-13-160, 15-13-164 am'd.

Summary

SB337 would reform Alabama's bail system by removing cash-bail-only requirements for certain initial arrests, expanding bail options, and tightening rules for bondsmen and forfeiture procedures.

What This Bill Does

It changes the bail options to four types (cash, judicial public, professional surety, and property bail) and clarifies cash and property bail definitions, removing cash-bail-only rules for some initial custody arrests. It allows a surety to arrest and deliver a defendant to jail without court costs charged to the surety, requires bondsman license numbers on processing forms, and prohibits charging the surety for bondsman processing or certified bond copies; it also extends notice and hearing timelines in conditional forfeiture cases and creates more ways for forfeiture to be set aside under specific circumstances, while clarifying when judicial public bail may be used. In counties with 200,000+ residents, it raises corporate surety bond and escrow requirements, adds new penalties for unlawful bail-bond behavior, and includes technical edits to update code language; it also notes constitutional funding exceptions and sets an effective date.

Who It Affects

• Defendants/arrestees and their families, who would have expanded or changed options for posting bail and may face different eligibility rules for judicial public bail.
• Bail bondsmen, professional bail companies, corporate sureties, and banks involved in escrow agreements, who would face new licensing, bonding, and reporting requirements, as well as higher financial prerequisites in larger counties.

Key Provisions

• Removes cash-bail-only requirement for initial custody arrests in certain cases and maintains four bail types (cash, judicial public, professional surety, property) with defined meanings for cash and property bail.
• Requires that bondsman or recovery license numbers appear on bondsman's process forms; ensures the bondsman's process and certified bond copies are not charged to the surety; limits charges related to bondsman processing.
• Extends time frames for notice and hearings in conditional forfeiture proceedings (longer response and hearing windows) and allows the court to set aside forfeiture under additional circumstances (e.g., illness, confinement, death, or military service).
• Sets eligibility rules and restrictions for judicial public bail (e.g., certain felonies or prior violations may affect eligibility) and requires hearings to determine if a defendant qualifies for judicial public bail.
• In counties with 200,000+ population, increases required corporate surety bond or escrow amounts (new bonds up to $50,000; renewals stay at $25,000) and requires annual certifications and related documentation from professional bail companies.
• Imposes new criminal penalties for unlawful behavior by those involved in bail bonds (e.g., unauthorized sureties, false information, or exchanging sexual services for bonds).
• Includes nonsubstantive technical updates to align language with current code and notes that the measure falls within constitutional local-funding exceptions; establishes an effective date (third month after passage).

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 Bonds