SB213 Alabama 2023 Session

Summary

Primary Sponsor

David SessionsSenator

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

SB213 updates the Alabama Bail Reform Act to redefine bail types, expand bond-related duties and timelines, raise certain financial requirements in larger counties, and strengthen penalties for unlawful bond practices.

What This Bill Does

It clarifies four bail types (judicial public, cash, property, and professional surety) and updates who can accept bail. It allows a surety to arrest and deliver a defendant with no court costs charged to the surety, requires the bondsman’s license number on bond forms, and lets sureties sign for forfeiture with the court clerk. It lengthens the time limits for forfeiture actions and notice/hearings, expands the ability of bondsmen to handle filings for defendants out on bond, and relaxes how a forfeiture judgment can be set aside. It raises corporate surety/escrow requirements in counties with 200,000+ people, adds new penalties for unlawful bond activities, and includes technical language updates with an effective date set after passage.

Who It Affects

• Defendants released on bail and their sureties (bail bonds) who could see changes in how bail is defined, how forfeitures are processed, and how hearings are scheduled or set aside.
• Bail bondsmen, professional surety companies, sheriffs, jailers, clerks, and county courts who handle bail filings, bonds, forfeitures, and related notices and processes.

Key Provisions

• Sheriffs or jailers may accept certain filing fees attached to the bail bond form at posting, with accepted payment methods including checks and cash, and cashing deadlines defined.
• Bail is redefined into four kinds: judicial public bail, cash bail, professional surety bail, and property bail, with specific rules for each type and who may approve them.
• A surety may arrest and deliver a defendant to jail without the surety bearing court costs, and the bondsman’s process and certified bond copies may be exempt from charges; license numbers of bondsmen must appear on bonds and related forms.
• A surety may sign for a forfeiture with the clerk of the ordering court, and the time frame for the court’s jurisdiction over a forfeiture action is increased to one year.
• Bail bondsmen may file motions, answers, and notices relating to defendants who are out on bond with that bondsman, expanding their procedural role.
• Notice and hearing time frames in conditional forfeiture proceedings are increased, and the rule that a conditional judgment to set aside must be absolute for the entire sum is removed; courts gain more pathways to set aside forfeiture and determine eligibility for judicial public bail.
• Eligibility for judicial public bail is expanded with specific criteria and restrictions outlined, including criminal history considerations.
• In counties with populations of 200,000 or more, new corporate surety bonds and escrow agreements are required at $50,000 for new arrangements (renewals remain at $25,000), and annual certification requirements for professional bail companies are updated.
• Criminal penalties are added for unlawful bond activities, including Class A misdemeanors for unauthorized bonding or false information, and Class C felonies for exchanging sexual services for bail bond services.
• The act includes nonsubstantive technical revisions to update language and notes its effect regarding local funds under constitutional provisions, becoming effective on the first day of the third month after passage.

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, cash bail and property bail defined and provided for, time frame for forfeiture action extended