Senate Bill 53 Alabama 2026 Session

Summary

Primary Sponsor

Merika ColemanSenator

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

SB53 would require automatic continuances in criminal and civil cases when a party, their leading attorney, or a key witness is on active military duty, require bail to be set in criminal continuances, and require the Alabama Supreme Court to amend its rules, with an effective date of October 1, 2026.

What This Bill Does

In both criminal and civil cases, if a party, the party's leading attorney, or a material witness is absent due to active military duty, the court must continue the case. In criminal cases, the court must set bail when a continuance is granted, with exceptions for capital offenses (excluded) and some allowances for violent offenses. The bill also directs the Alabama Supreme Court to amend its rules to align with these requirements, and the act takes effect on October 1, 2026.

Who It Affects

• Parties, their leading attorneys, and material witnesses who are on active military duty in criminal or civil cases, who would trigger mandatory continuances.
• Criminal defendants and the Alabama court system, which would implement bail requirements after continuances and adapt court rules; plus the Alabama Supreme Court which must amend rules to conform.

Key Provisions

• Criminal and civil cases must be continued when a party, the party's leading attorney, or a qualifying witness is absent due to active duty in the National Guard or Armed Forces.
• If the leading attorney is absent in a criminal case, the client must swear that the trial cannot safely proceed without the attorney (or the attorney must state that they cannot safely proceed without the party); the case may proceed if ready for trial on the call.
• In criminal cases, when the state is granted a continuance, the court shall set bail for the defendant, with exceptions for capital offenses (exclusion) and permissive bail for violent offenses.
• For unavailable witnesses in criminal cases, the court may continue if the witness is material/necessary, located outside the state, and a request has been made to the proper military authority for testimony.
• The Alabama Supreme Court must amend its rules to conform with these requirements, and the act becomes effective 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

Courts & Judges