House Bill 126 Alabama 2026 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

2026 Regular Session

Title

Bail; pretrial detention hearing, required without exception for certain crimes resulting in death

Summary

HB126 would require an immediate pretrial detention hearing and denial of bail for certain Class A felonies resulting in death or attempted murder, with no waiver of the hearing.

What This Bill Does

HB126 amends Section 15-13-3 to require a pretrial detention hearing without exception when the defendant is charged with specific offenses, including any Class A felony resulting in death and attempted murder. In these cases, the prosecuting authority must request denial of bail, and the court may not waive the pretrial detention hearing. The hearing would occur at the defendant's first appearance, with limited continuances (up to five days for the defense and up to three days for the state) and the defendant detained during any continuance. The bill also updates language for current code style and sets procedures and rights for the hearing, including how evidence is handled and the requirement for a written bail-denial order within 48 hours if bail is denied, with a June 1, 2026 effective date.

Who It Affects

• Defendants charged with a Class A felony resulting in death or attempted murder would face an immediate pretrial detention hearing and could be denied bail; they cannot avoid the hearing.
• Prosecuting authorities (district attorneys) and trial judges would have specific duties: DAs must request denial of bail for these offenses, and judges must hold the hearing and issue findings and orders promptly (no waivers in these cases).

Key Provisions

• Adds mandatory pretrial detention hearing without exception for offenses listed in the bill (including Class A felonies resulting in death and attempted murder).
• Requires prosecuting attorneys to request denial of bail in these cases; courts may not waive the hearing.
• Enumerates included offenses (murder; first-degree kidnapping; first-degree rape; first-degree sodomy; sexual torture; first-degree domestic violence; first-degree human trafficking; first-degree burglary; first-degree arson; first-degree robbery; terrorism; aggravated child abuse) and notes attempted murder is included if constitutional amendment Act 2025-227 is ratified.
• Hearing must be held immediately at first appearance unless continuance requested; continuances limited (defendant up to five days; state up to three days) and defendant detained during continuance.
• At the hearing, the defendant has rights (counsel, testify, present witnesses and evidence, cross-examine); the judge decides admissibility of witnesses.
• The court will consider factors such as nature of offenses, weight of evidence, defendant's history, and potential danger to community in deciding conditions of release.
• Evidence at the pretrial detention hearing is not subject to normal criminal-trial evidence rules; all relevant evidence is allowed and testimony is recorded; defendant's testimony may be used only for perjury or impeachment in later proceedings.
• If bail is denied, the judge must issue written findings and state reasons within 48 hours.
• Effective June 1, 2026; the bill references alignment with related amendments (Act 2025-273 and Act 2025-227) to the extent language is not substantively conflicting.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure