SB213 Alabama 2023 Session

Summary

Primary Sponsor

David Sessions Senator

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.

Description

Under existing law, the Alabama Bail Reform Act of 1993, defines and provides for the use of bail bonds and the duties and responsibilities of professional bail and professional surety companies.

This bill would provide for the acceptance of certain filing fees by the sheriff or jailer, and would provide further for the definitions of cash bail and property bail.

This bill would 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, would provide that a surety not be charged for a bondsman's process or for a certified copy of a bond, and would require the license number of the bondsman or recovery to be listed on a bondsman's process form.

This bill would authorize a surety to sign for a conditional forfeiture notice with the clerk of the ordering court.

This bill would increase the time frame for which the ordering court has jurisdiction over a forfeiture action to one year.

This bill would authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman.

SB213 INTRODUCED This bill would increase the time frames for notice and conducting hearings in conditional forfeiture proceedings.

This bill would remove the requirement that a conditional judgment to set aside shall be made absolute for the entire sum and would provide further for instances when a court may set aside forfeiture, may not release a defendant on judicial public bail, and eligibility for judicial public bail.

This bill would provide further for the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more.

This bill would provide further for criminal penalties for certain unlawful behavior.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

SB213 INTRODUCED The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Alabama Bail Reform Act of 1993, cash bail and property bail defined and provided for, time frame for forfeiture action extended