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HB348 INTRODUCED
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HB348
6YESS13-1
By Representatives Robertson, Marques, Brown, Smith, Sorrells,
Lipscomb, Oliver, Paschal, Hulsey, Butler, Harrison, Fidler,
Rehm, Hammett, Stringer, Lomax, DuBose, Colvin, Whorton,
Bedsole, Pettus, Kirkland, Brinyark, Wilcox, Underwood,
Shaver, Wood (R), Gidley, Starnes, Shaw, Lamb, Bolton,
Paramore
RFD: Judiciary
First Read: 29-Jan-26
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6YESS13-1 01/27/2026 CMH (L)CMH 2026-294
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First Read: 29-Jan-26
SYNOPSIS:
This bill would require an illegal alien who is
charged with a violent offense to be detained pending a
pretrial hearing.
This bill would authorize a court, at the
pretrial detention hearing, to deny the defendant bail
if the court finds that no amount of bail would
reasonably assure the defendant's appearance in court.
This bill would also establish a presumption
that based on the defendant's status as an illegal
alien, the defendant is an inherent flight risk.
A BILL
TO BE ENTITLED
AN ACT
Relating to bail; to require a pretrial hearing for
illegal aliens charged with a violent offense; and to
authorize a court to deny bail following a hearing and
satisfaction of certain factors.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) As used in this section, the following
terms have the following meanings:
(1) ILLEGAL ALIEN. The term as defined in Section
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HB348 INTRODUCED
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(1) ILLEGAL ALIEN. The term as defined in Section
31-13-3, Code of Alabama 1975.
(2) VIOLENT OFFENSE. The term as defined in Section
12-25-32, Code of Alabama 1975.
(b) If a defendant is an illegal alien and charged
with a violent offense, the defendant shall be detained and is
not eligible for bail until the court conducts a pretrial
detention hearing pursuant to this section.
(c) At a pretrial detention hearing, the court shall
deny bail for the defendant if the court determines that based
on the following considerations, no amount of bail would
reasonably assure the defendant's appearance in court or
protect the safety of the community and of any person:
(1) The nature and circumstances of the offense
charged.
(2) The nature and seriousness of the danger to any
person or the community if the defendant is released.
(3) The likelihood the defendant will flee from the
jurisdiction to escape prosecution. For purposes of this
subdivision, there is a presumption that based on the
defendant's status as an illegal alien, the defendant is an
inherent flight risk. The court shall give considerable weight
to this subdivision.
(4) The weight of the evidence against the defendant.
(5) The history and characteristics of the defendant,
including the defendant's character, physical and mental
condition, family ties, employment, financial resources,
length of residence in the community, community ties, past
conduct, history of drug or alcohol abuse, criminal history,
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HB348 INTRODUCED
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conduct, history of drug or alcohol abuse, criminal history,
and record concerning appearance at court proceedings.
Section 2. This act shall become effective on October
1, 2026.
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