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HB126 INTRODUCED
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HB126
6YC6JZ3-1
By Representatives Brown, Oliver, Moore (P), Reynolds, DuBose,
Rehm, Estes, Barnes, Sells, Standridge, Marques, Mooney,
Yarbrough
RFD: Judiciary
First Read: 13-Jan-26
PFD: 07-Jan-26
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6YC6JZ3-1 12/29/2025 CMH (L)CMH 2025-3315
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PFD: 07-Jan-26
SYNOPSIS:
Under existing law, when a defendant is charged
with an enumerated offense under Aniah's Law, the
defendant is not eligible for bail until he or she
receives a pretrial detention hearing where the court
will determine whether to grant the defendant bail. If
the prosecuting authority does not request the
defendant be denied bail, the court may waive the
hearing and grant the defendant bail.
This bill would provide that if the defendant is
charged with either a Class A felony that resulted in
the death of any individual or attempted murder, the
prosecuting authority is required to request that the
defendant be denied bail and the court may not waive
the pretrial detention hearing.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
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Relating to bail; to amend Section 15-13-3, Code of
Alabama 1975, to require a pretrial detention hearing without
exception if the defendant is charged with committing certain
offenses, including any Class A felony resulting in death and
attempted murder; 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. Section 15-13-3, Code of Alabama 1975, is
amended to read as follows:
"§15-13-3
(a) A defendant is not eligible for bail when he or she
is charged with 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.
(b)(1) The court, after After a pretrial detention
hearing as provided in this subsection (d) for an offense
enumerated in this subsection and , after the presentment of an
indictment or a showing of probable cause in the charged
offense, and if the court may deny a defendant bail if both of
the following apply:
(1) 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 .
(2) The defendant is charged with any of the following
offenses:
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HB126 INTRODUCED
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offenses:
a. Murder, as provided in Section 13A-6-2.
b. Kidnapping in the first degree, as provided in
Section 13A-6-43.
c. Rape in the first degree, as provided in Section
13A-6-61.
d. Sodomy in the first degree, as provided in Section
13A-6-63.
e. Sexual torture, as provided in Section 13A-6-65.1.
f. Domestic violence in the first degree, as provided
in Section 13A-6-130.
g. Human trafficking in the first degree, as provided
in Section 13A-6-152.
h. Burglary in the first degree, as provided in Section
13A-7-5.
i. Arson in the first degree, as provided in Section
13A-7-41.
j. Robbery in the first degree, as provided in Section
13A-8-41.
k. Terrorism, as provided in subdivision (b)(2) of
Section 13A-10-152.
l. Aggravated child abuse, as provided in subsection
(b) of Section 26-15-3.1.
(2)(c) A court shall order that a defendant charged
with an offense listed in this subsection (b) be held without
bail prior to a pretrial detention hearing.
(3)(d)(1) The court shall hold a pretrial detention
hearing immediately upon the defendant's first appearance
before the court, unless the prosecuting attorney or the
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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. The defendant shall be detained during any
continuance.
(2) Notwithstanding any other provision of law to the
contrary, the prosecuting attorney shall without exception
request that the defendant be denied bail, and the court may
not waive the pretrial detention hearing, under either of the
following circumstances:
a. The defendant is charged with the commission of a
Class A felony resulting in the death of any individual.
b. Contingent upon the ratification of the
constitutional amendment proposed by Act 2025-227, the
defendant is charged with attempted murder.
(4)a.(e)(1) A defendant shall have all of the following
rights at a pretrial detention hearing:
1.a. To be represented by counsel. If the defendant is
financially unable to obtain counsel, he or she shall have
counsel appointed.
2.b. To testify.
3.c. To present witnesses.
4.d. To present evidence.
5.e. To cross-examine witnesses.
b.(2) The judge shall have discretion as to who the
defendant may call as a witness as provided in this
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defendant may call as a witness as provided in this
subdivision at the pretrial detention hearing.
(5)(f) 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.(1) The nature and circumstances of the offenses
charged.
b.(2) The weight of the evidence against the defendant.
c.(3) 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.(4) The nature and seriousness of the danger to any
person or the community if the defendant is released.
(6)(g) 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
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testimony or for the purpose of impeachment in any subsequent
proceeding.
(7)a.(h)(1) A prosecuting attorney may file a motion
for a pretrial detention hearing at any time.
b.(2) 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)(i) 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."
Section 2. If Section 4 of Act 2025-273, which amends
Section 15-13-3, Code of Alabama 1975, becomes effective
pursuant to the ratification of the constitutional amendment
proposed by Act 2025-227, the Code Commissioner shall give
effect to both this act and Section 4 of Act 2025-273 to the
extent that the language is not in substantive conflict and in
a manner that will make the code section intelligible.
Section 3. If the constitutional amendment proposed by
Act 2025-227 is not ratified, the Code Commissioner shall omit
paragraph (d)(2)b. of Section 15-13-3, Code of Alabama 1975,
as added by this act.
Section 4. This act shall become effective on June 1,
2026.
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