SB73 Alabama 2022 Session

Summary

Primary Sponsor

Jack W. WilliamsSenator

Republican

Session

Regular Session 2022

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, 15-13-107, 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, 15-13-141, 15-13-145, 15-13-159, 15-13-160, 15-13-164 am'd.

Summary

SB73 would reform Alabama's bail system by ending cash-bail-only requirements for some initial arrests, clarifying bail types, changing forfeiture rules, and increasing bond-escrow requirements in larger counties.

What This Bill Does

It removes the cash-bail-only requirement for an initial custody arrest under certain circumstances and adds clearer definitions for cash bail and property bail. It allows sheriffs or jailers to accept certain filing fees, requires bondsman license numbers on processing forms, and says a surety can arrest and deliver a defendant to jail with no court costs charged to the surety. It increases the time limits for notice and hearings in conditional forfeiture proceedings and relaxes some rules about setting aside forfeitures and eligibility for judicial public bail. It also raises corporate surety bond and escrow requirements in counties with 200,000 or more people and adds criminal penalties for certain unlawful behavior related to bail activities, along with nonsubstantive technical revisions to update the language.

Who It Affects

• Defendants: may have non-cash bail options for initial custody arrests and will face revised forfeiture timelines and conditions for setting aside forfeitures.
• Bail bondsmen and professional sureties: must include license numbers on bondsman processing documents, may face higher bond/escrow requirements in large counties, and are subject to annual certifications and new penalties for unlawful conduct.
• Sheriffs, jailers, and court clerks: can accept certain filing fees, must follow updated procedures for notices and hearings in forfeiture cases, and handle new forms and record-keeping requirements.
• Counties with populations of 200,000 or more: face increased requirements for corporate surety bonds or escrow agreements (higher amounts) and related oversight.

Key Provisions

• Removes cash bail-only requirement for initial custody arrests in certain cases and provides clearer definitions of cash bail and property bail.
• Allows sheriffs/jailers to accept certain filing fees; requires license numbers of bondsmen on bondsman processing forms; ensures a surety can arrest/deliver a defendant with no court costs charged to the surety.
• Increases time frames for notice and hearings in conditional forfeiture proceedings and adjusts rules for setting aside forfeitures; tightens eligibility criteria for judicial public bail.
• Raises corporate surety bond/escrow requirements in counties with 200,000+ population (new bonds $50,000 for new bonds; renewals remain $25,000) and adds required annual documentation and certifications for professional bail companies.
• Imposes criminal penalties for unlawful bail-related conduct and includes nonsubstantive technical updates to current code language; sets effective date as the first day of the third month after passage.
• Note confirms the bill’s local-funds provisions are exempt from a 2/3 vote under Amendment 621 due to specified exceptions.

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 Bonds