HB348 • 2026

Bail; pretrial hearing for illegal aliens charged with violent offenses, required; presumption of flight risk, established

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Robertson (C)
Last action: 2026-02-19
Official status: Read Second Time in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill text states the presumption applies 'For purposes of this subdivision' regarding flight risk likelihood; the summary reflects this specific application.

Bail Rules for Illegal Aliens Charged with Violent Crimes

This bill requires courts to detain illegal aliens charged with violent offenses until a pretrial hearing occurs and establishes a rule that assumes these defendants are likely to flee.

What This Bill Does

Requires the detention of an illegal alien charged with a violent offense until a pretrial hearing is held.
Makes it impossible for this defendant to get bail before the court holds the required hearing.
Allows a judge to deny bail if no amount would ensure the defendant appears in court or keeps people safe.
Establishes a legal presumption that an illegal alien charged with a violent offense is likely to flee.

Who It Names or Affects

Illegal aliens who are charged with violent offenses under Alabama law.
Courts and judges responsible for conducting pretrial detention hearings.

Terms To Know

Illegal Alien: A person defined as such in Section 31-13-3 of the Code of Alabama 1975.
Violent Offense: A crime defined as violent under Section 12-25-32 of the Code of Alabama 1975.

Limits and Unknowns

The law only applies to cases where a defendant is both an illegal alien and charged with a specific type of violent offense.
This act does not take effect until October 1, 2026.
The text defines the hearing requirements but does not specify how long detention lasts if bail is denied.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

TBLBZ19-1

Judiciary

Reported Out of Committee House of Origin

Plain English: This amendment requires courts to hold a special hearing before granting bail to undocumented immigrants charged with violent crimes and creates an automatic assumption that they are likely to flee.

Undocumented immigrants charged with specific violent offenses cannot get bail until a judge holds a pretrial detention hearing.
During the hearing, judges must deny bail if no amount of money would ensure the defendant shows up for court or keeps the community safe.
The law creates an automatic assumption that undocumented immigrants are likely to flee because of their immigration status.
Judges must give special importance to this flight risk assumption when deciding whether to release a defendant.

This explanation relies on the definition of 'illegal alien' found in another Alabama law (Section 31-13-3) which is not included in this text.
The specific list of violent offenses mentioned in Section 15-13-3(b) is referenced but not detailed in this amendment.

Bill History

2026-02-19 House
Read for the Second Time and placed on the Calendar
2026-02-18 House
Reported Out of Committee House of Origin
2026-01-29 House
Pending Committee Action in House of Origin
2026-01-29 House
Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Bail; pretrial hearing for illegal aliens charged with violent offenses, required; presumption of flight risk, established

Current Bill Text

Read the full stored bill text

HB348 INTRODUCED
Page 0
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
Page 1
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
Page 3
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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