HB478 Alabama 2023 Session

Summary

Primary Sponsor

Shane StringerRepresentative

Republican

Session

Regular Session 2023

Title

Relating to the Alabama Bail Reform Act of 1993; to amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to provide for the acceptance of certain filing fees by the sheriff or jailer; to further define cash bail and property bail; to provide further for the arrest and delivery of a defendant to jail by a surety with no court costs to be entered on the surety; to provide that a surety not be charged for a bondsman's process or for a certified copy of a bond; to require the license number of the bondsman or recovery on a bondsman's process form; to allow a surety to sign for a forfeiture with the clerk of the ordering court; to increase the time frame for which the ordering court has jurisdiction over a forfeiture action; to authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman; to increase the time frames for providing notice and conducting hearings in conditional forfeiture proceedings; to remove the requirement that a conditional judgment to set aside be made absolute for the entire sum; to provide further for instances when a court may set aside forfeiture and may not release a defendant on judicial public bail; to provide further for eligibility for judicial public bail; to provide further for the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more; to provide further for criminal penalties for certain unlawful behavior; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB478 updates the Alabama Bail Reform Act of 1993 to modify bail types, filing fees, forfeiture rules, and bondsman requirements.

What This Bill Does

It updates how bail is handled by allowing sheriff or jailer to accept certain filing fees, and refines definitions of cash bail and property bail. It changes who may arrest and deliver a defendant on behalf of a surety (with no court costs charged to the surety) and requires the bondsman's license number on the bondsman process form. It lets a surety sign for a conditional forfeiture with the court clerk, extends the court’s jurisdiction over forfeiture actions to one year, and allows a bondsman to file motions and notices related to a defendant on bond. It lengthens notice and hearing timelines in conditional forfeiture proceedings, relaxes the requirement that a conditional judgment to set aside must be absolute for the entire sum, expands grounds for setting aside forfeiture and judicial public bail eligibility, and increases corporate surety bond and escrow requirements in larger counties while adding penalties for unlawful conduct and updating code language.

Who It Affects

• Defendants on bond and the bondsmen (including professional surety companies) who would see changes to bail types, forfeiture processes, and timelines.
• Local government entities and the bail industry (sheriffs, jailers, clerks, county authorities, Department of Insurance, and professional bondsmen) who would implement new filing fees, bond forms, licensing, reporting, and escrow requirements, especially in counties with 200,000+ population.

Key Provisions

• Allow sheriff or jailer to accept certain bail filing fees and update bail definitions (cash bail and property bail).
• Authorize arrest and delivery of a defendant by a surety with no court costs charged to the surety; require license number of the bondsman on the bondsman's process form.
• Let a surety sign for a conditional forfeiture with the clerk of the ordering court; extend court jurisdiction over forfeiture actions to one year.
• Permit a bail bondsman to file motions, answers, and notices related to a defendant out on bond with that bondsman; increase notice and hearing timeframes for conditional forfeiture proceedings.
• Remove the requirement that a conditional judgment to set aside be absolute for the entire sum; outline additional grounds for setting aside forfeiture and eligibility for judicial public bail.
• Increase the amount of new corporate surety bonds and escrow agreements in counties with 200,000+ population to $50,000 (renewals remain at $25,000); require annual filings and related documentation for professional surety companies.
• Impose criminal penalties for certain unlawful behaviors related to bail activities; update language to current code style.

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

Subjects

Alabama Bail Reform Act of 1993, revised