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

Plain English Breakdown

The official text defines the penalty as a Class C misdemeanor but does not specify the exact fine amounts or jail time associated with that class in Alabama law within this document.

New Law on Breaking Electronic Monitoring Rules

This law creates a new crime called bail jumping in the third degree for people who break court-ordered electronic monitoring rules after being released from custody.

What This Bill Does

• Creates a new crime called bail jumping in the third degree.
• Defines this crime as violating any condition of court-ordered electronic monitoring while lawfully released from custody, with or without bail.
• Allows people to argue they did not break the rules on purpose or could not avoid it due to things outside their control.
• Requires the person accused of the crime to prove that their violation was unintentional or unavoidable.

Who It Names or Affects

• People who have been lawfully released from custody with court-ordered electronic monitoring conditions.

Terms To Know

Bail jumping in the third degree

A crime committed when a person violates any condition of their court-ordered electronic monitoring after being lawfully released from custody.

Electronic monitoring

Court-ordered conditions that require a released person to be subject to tracking or supervision devices.

Limits and Unknowns

• The text does not list the exact fines or jail time for a Class C misdemeanor.
• This law only applies to violations of electronic monitoring; it does not cover other types of release conditions that do not involve electronic monitoring.

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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