HB60 Alabama 2026 Session

Summary

Primary Sponsor

Ontario J. TillmanRepresentative

Democrat

Session

2026 Regular Session

Title

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

Summary

HB60 would require courts to continue criminal and civil cases when a party, their lead attorney, or a qualifying witness is on active military duty, and would require bail to be set in criminal continuances, with the Alabama Supreme Court to amend rules; the measure becomes effective October 1, 2026.

What This Bill Does

In criminal cases, if a party or their leading attorney is on active duty or a qualifying witness is unavailable due to active duty, the case must be continued; the absent person or their attorney must swear that the other party cannot safely go to trial without them, and the case may proceed if readiness is announced. The law also requires that, when the state grants a continuance, the court shall set bail for the defendant, with discretion to set bail in violent-offense cases and excluding capital offenses. The act also creates similar continuance and witness-reliability rules for civil cases, including requirements for unavailable witnesses who are on active duty. Additionally, the Alabama Supreme Court must amend its rules to conform to these changes, and the act applies to criminal cases under the Speedy Trial Act; the effective date is October 1, 2026.

Who It Affects

• Parties to criminal or civil cases and their leading attorneys, and witnesses on active military duty, whose absence triggers a required continuance.
• The Alabama judiciary (trial courts and the Alabama Supreme Court) responsible for applying the new continuance and bail rules and for amending court rules accordingly.

Key Provisions

• Criminal case continuance when a party or their leading attorney is absent due to active duty; the absent person must state readiness or swear that the case cannot safely proceed without them.
• Criminal case continuance when a witness is unavailable due to active duty; requires the witness to be material/necessary, located outside the state, and a formal request to the proper military authority under 5 U.S.C. § 301.
• In criminal cases, the court shall set bail upon application by the defendant after a continuance, with the option to set bail for violent offenses and excluding capital offenses from this bail provision.
• Civil case continuance when a party or their leading attorney is absent due to active duty; same readiness/oath requirements apply for proceeding if ready.
• Civil case continuance when a witness is unavailable due to active duty; mirrors the criminal witness criteria (material/necessary, located outside the state, and a military authority request).
• The Alabama Supreme Court must amend its rules to conform to these requirements.
• Effective date: October 1, 2026; the act also notes applicability to cases governed by the Speedy Trial Act.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts & Judges