Crimes and offenses; bail jumping in the third degree, established

Plain English Breakdown

The official source material does not provide specific penalties for a Class C misdemeanor beyond classifying it as such, leaving room for interpretation on exact punishments.

Bail Jumping in the Third Degree

This law establishes a new crime called bail jumping in the third degree for people who violate conditions of court-ordered electronic monitoring after being released from custody.

What This Bill Does

• Establishes the crime of 'bail jumping in the third degree' when someone violates any condition of court-ordered electronic monitoring while out on release, with or without bail.
• Allows defendants to argue that their violation was unintentional or unavoidable due to circumstances beyond their control as a defense against prosecution.
• Classifies bail jumping in the third degree as a Class C misdemeanor.

Who It Names or Affects

• People who are released from custody and subject to electronic monitoring conditions set by the court.

Terms To Know

Electronic Monitoring

A system used to track someone's location or movements after they have been released from custody, often using a device like an ankle bracelet.

Class C Misdemeanor

The least serious type of misdemeanor crime in Alabama, punishable by up to 90 days in jail and/or fines.

Limits and Unknowns

• Does not specify the exact penalties for a Class C misdemeanor other than stating it is one.
• Does not address how electronic monitoring systems will be funded or maintained.
• Does not provide details on how violations of electronic monitoring conditions will be enforced.

Official Summary Text

This act adds Section 13A-10-40.1 to the Code of Alabama 1975, to: (1) establish the crime of bail jumping in the third degree when a person violates any condition of court-ordered monitoring when lawfully released from custody, with or without bail, subject to defense; and (2) provide a violation is a Class C misdemeanor.

Current Bill Text

HB405 ENROLLED
Page 0
HB405
5VHTN63-2
By Representative Bracy
RFD: Judiciary
First Read: 05-Feb-26
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HB405 Enrolled
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First Read: 05-Feb-26
Enrolled, An Act,
Relating to crimes and offenses; to add Section
13A-10-40.1 to the Code of Alabama 1975, to provide for the
crime of bail jumping in the third degree; and to provide
criminal penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-10-40.1 is added to the Code of
Alabama 1975, to read as follows:
§13A-10-40.1
(a) A person commits the crime of bail jumping in the
third degree if, having been lawfully released from custody,
with or without bail, upon condition that he or she is subject
to electronic monitoring, he or she violates any condition of
his or her court ordered electronic monitoring.
(b) It is a defense to prosecution under this section
that the defendant's violation was unintentional or was
unavoidable and due to circumstances beyond his or her
control. The burden of injecting the defense of an
unintentional violation, or unavoidability and circumstances
beyond his or control, is on the defendant.
(c) Bail jumping in the third degree is a Class C
misdemeanor.
Section 2. This act shall become effective on October
1, 2026.
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HB405 Enrolled
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 05-Mar-26.
John Treadwell
Clerk
Senate 17-Mar-26 Passed
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