SB60 By Senators Ward, Butler and Whatley RFD Judiciary Rd 1 04-FEB-20

SYNOPSIS: Under existing law, a person may only be denied bail if he or she is charged with an offense which may be punished by death.

This bill would provide additional offenses that would require mandatory denial of bail.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

A BILL TO BE ENTITLED AN ACT

Relating to bail, to amend Sections 15-13-2 and 15-13-3, Code of Alabama 1975, to provide for additional offenses that would require mandatory denial of bail; 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. Sections 15-13-2 and 15-13-3, 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 be admitted to bail when he is charged with an offense which may be punished by death if the court is of the opinion, on the evidence adduced, that he 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. Bail shall be denied by a court when a defendant is charged with any of the following offenses:

"(1) A capital offense, as provided in Section 13A-5-40.

"(2) An offense that caused injury to another, is likely to cause the death of that person, and if death occurs would constitute a capital offense, as provided in Section 13A-5-40.

"(3) Murder, as provided in Section 13A-6-2.

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

"(5) Kidnapping in the second degree, as provided in Section 13A-6-44.

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

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

"(8) Sexual torture, as provided in Section 13A-6-65.1.

"(9) Sexual abuse in the first degree, as provided in Section 13A-6-66.

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

"(b) In cases punishable capitally where bail is denied pursuant to subsection (a), 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 the defendant's 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.

Section 2. 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 a crime enumerated by the Legislature in general law proposed in SB __ of the 2020 Regular Session.

Bail

Criminal Law and Procedure

Capital Offenses

Code Amended