House Bill 348 Alabama 2026 Session

Summary

Primary Sponsor

Chad RobertsonRepresentative

Republican

Session

2026 Regular Session

Title

Bail; pretrial hearing for illegal aliens charged with violent offenses, required; presumption of flight risk, established

Summary

HB348 would detain illegal aliens charged with violent offenses before a pretrial hearing and allow courts to deny bail, based on a presumption of flight risk.

What This Bill Does

It requires detention of an illegal alien charged with a violent offense pending a pretrial detention hearing. At that hearing, the court may deny bail if no amount of bail would reasonably assure the defendant's appearance in court or protect the community. There is a presumption that the defendant's illegal status makes them an inherent flight risk, and the court must weigh this presumption heavily. Effective October 1, 2026, the court would weigh factors such as the offense's nature and seriousness, potential danger if released, likelihood of flight, strength of the evidence, and the defendant's history and ties to the community.

Who It Affects

• Illegal aliens charged with violent offenses in Alabama would be detained pending a pretrial detention hearing and could have bail denied.
• Alabama courts, law enforcement, and prosecutors would implement the detention and bail decision process and apply the presumption of flight risk.

Key Provisions

• Detention before trial: illegal aliens charged with violent offenses would be detained pending a pretrial detention hearing.
• Bail denial standard: at the pretrial detention hearing, the court may deny bail if no amount of bail would reasonably assure appearance or protect the community.
• Flight risk presumption: there is a presumption that illegal alien status makes the defendant an inherent flight risk, to be given substantial weight.
• Detention hearing factors and effective date: the court would consider the offense's nature and seriousness, potential danger if released, likelihood of flight, evidence strength, and the defendant's history and ties to the community; the act would take effect on October 1, 2026.

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

Subjects

Criminal Procedure