HB113

ENGROSSED

A BILL TO BE ENTITLED AN ACT

Relating to bail, to amend Sections 15-13-2, 15-13-3, 15-13-7, 15-13-104, 15-13-105, and 15-13-106, Code of Alabama 1975, to create Aniah's Law, to provide for additional offenses that would allow a judge to deny bail; to provide for a pretrial detention hearing under certain conditions; and to make nonsubstantive, technical revisions to update the existing code language to current style.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. This act shall be known and may be cited as Aniah's Law.Section 2. Sections 15-13-2, 15-13-3, 15-13-7, 15-13-104, 15-13-105, and 15-13-106, Code of Alabama 1975, are amended to read as follows:

§15-13-2.

"In all cases other than those specified in subsection (a) of Section 15-13-3, a defendant is, before conviction, entitled to bail as a matter of right.

§15-13-3.

"(a) A defendant cannot may not be admitted to bail when he or she is charged with an offense which may be punished by death capital murder pursuant to Section 13A-5-40, if the court is of the opinion, on the evidence adduced, that he or she is guilty of the offense in the degree punishable capitally, nor when he is charged with a personal injury to another which is likely to produce death and which was committed under circumstances such as would, if death arises from such injury, constitute an offense which may be punished by death.

"(b) In cases punishable capitally, the defendant is entitled to bail as a matter of right when the state, after the finding of the indictment, has continued the case twice, without his consent, for the testimony of absent witnesses.

"In such case, if the indictment is dismissed, the defendant, on application for bail, is entitled to the benefit of any continuance had upon such indictment by the state for absent witnesses; and, if another indictment is not found at the same court at which the former is dismissed, the order of dismissal is to be taken as a continuance by the state for absent witnesses.

"(b)(1) The court, after a hearing as provided in this subsection, and the presentment of an indictment or a showing of probable cause in the charged offense, if the prosecuting attorney proves by clear and convincing evidence that no condition or combination of conditions of release will reasonably ensure the defendant's appearance in court or protect the safety of the community or any person, may deny a defendant's bail, if he or she is charged with any of the following offenses:

"a. Murder, as provided in Section 13A-6-2.

"b. Assault in the first degree, as provided in Section 13A-6-20.

"c. Kidnapping in the first degree, as provided in Section 13A-6-43.

"d. Rape in the first degree, as provided in Section 13A-6-61.

"e. Sodomy in the first degree, as provided in Section 13A-6-63.

"f. Sexual torture, as provided in Section 13A-6-65.1.

"g. Domestic violence in the first degree, as provided in Section 13A-6-130.

"h. Human trafficking in the first degree, as provided in Section 13A-6-152.

"i. Burglary in the first degree, as provided in Section 13A-7-5.

"j. Arson in the first degree, as provided in Section 13A-7-41.

"k. Robbery in the first degree, as provided in Section 13A-8-41.

"l. Terrorism, as provided in subdivision (b)(2) of Section 13A-10-152.

"m. Aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1.

"(2) A court shall order that a defendant charged with an offense listed in this subsection be held without bond prior to a pretrial detention hearing, for a period of not more than 10 days, excluding Saturdays, Sundays, and state holidays.

"(3) The court shall hold a pretrial detention hearing immediately upon the defendant's first appearance before the court, unless the prosecuting attorney or the defendant requests a continuance. Except for good cause, a continuance on a motion of the defendant may not exceed five days, excluding Saturdays, Sundays, and state holidays, and a continuance on motion by the prosecuting attorney may not exceed three days, excluding Saturdays, Sundays, and state holidays. During the continuance, the defendant shall be detained.

"(4)a. A defendant shall have all of the following rights at a pretrial detention hearing:

"1. To be represented by counsel. If the defendant is financially unable to obtain counsel, he or she shall have counsel appointed.

"2. To testify.

"3. To present witnesses.

"4. To present evidence.

"5. To cross-examine witnesses.

"b. The judge shall have discretion as to who the defendant may call as a witness as provided in this subdivision at the pretrial detention hearing.

"(5) In considering whether there are any conditions or combination of conditions that would reasonably ensure the defendant's appearance in court or protect the safety of the community and of any person, the court shall consider all of the following factors:

"a. The nature and circumstances of the offenses charged.

"b. The weight of the evidence against the defendant.

"c. The history and characteristics of the defendant, including, but not limited to the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, and, whether, at the time of the current offense, the defendant was on probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense.

"d. The nature and seriousness of the danger to any person or the community if the defendant is released.

"(6) At any pretrial detention hearing, the rules governing admissibility of evidence in criminal trials shall not apply, and the court shall receive all relevant evidence. All evidence shall be recorded. The testimony of a defendant may not be admissible in any other criminal proceeding against the defendant, except if being used for perjury based on the testimony or for the purpose of impeachment in any subsequent proceeding.

"(7)a. A prosecuting attorney may file a motion for a pretrial detention hearing at any time.

"b. A pretrial detention hearing may be reopened, before or after a determination by the court, at any time prior to trial if the court finds that information exists that was not known by the movant at the time of the pretrial detention hearing.

"(8) In an order denying bail, the judge shall make written findings or state for the record findings of fact and a statement of the reasons for denying bail. The judge shall enter an order denying bail within 48 hours of the hearing.

§15-13-7.

"When a writ of arrest is issued upon an indictment, the clerk issuing the writ must shall endorse thereon on the writ an order to the sheriff to take bail of the defendant in the amount fixed by the judge and endorsed by him or her on the indictment, unless the defendant is charged with an offense for which bail may be denied pursuant to Section 15-13-3. In that case, the writ of arrest shall indicate "no bail," and the defendant may not be released prior to an initial appearance.

§15-13-104.

"Judicial officers shall see that the amount of bail is affixed to any warrants of arrests issued by the judicial officer at the time of their issuance for which the defendant is arrested and taken into custody. If arrested for a capital an offense for which the defendant is not entitled to release on bail pursuant to Section 15-13-3, the judicial officer shall take care to see confirm that "no bail" is affixed on the warrant. Judicial officers may delegate the affixation to lawful employees of the court, but the amount shall be set by the judicial officer.

§15-13-105.

"In cases where a defendant is arrested without a warrant for an offense that is bailable as a matter of right and taken into custody and there is no standard bail schedule prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for such the arrests without warrants, then the arresting officer shall, as soon as possible, contact a judicial officer for an order of bail. If the arresting officer is unable to contact the judicial officer having jurisdiction of the case, the arresting officer may contact any judicial officer having the authority to set bail in that judicial circuit to issue the order of bail. If no judicial officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail shall be set by operation of law and the amount of bail shall be that amount prescribed as the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided, however, in violation and misdemeanor cases the minimum amount of bail shall be three hundred dollars ($300) for each offense charged. The judicial officer may also fix the amount of bail on the indictment.

§15-13-106.

"Except in capital cases where there is no right to release on bail pursuant to Section 15-13-3, no person or defendant shall be committed to any jail in the State of Alabama on a warrant unless there is an amount of bail affixed to the warrant. No person or defendant shall remain in jail anywhere in this state for more than 24 hours for any felony or misdemeanor case without an order of bail, unless bail is not authorized by law."

Section 3. This act shall become effective immediately upon the ratification of the amendment to the Constitution of Alabama of 1901, to provide that an individual is entitled to reasonable bail prior to conviction, unless charged with certain enumerated crimes as proposed in HB81 of the 2020 Regular Session.

Bail

Capital Offenses

Felonies

Code Amended