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HB60 ENROLLED
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HB60
3PSDQZE-3
By Representative Tillman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 13-Nov-25
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PFD: 13-Nov-25
Enrolled, An Act,
Relating to criminal and civil procedure; to provide
requirements for a court to continue a case when certain
parties to the case are absent due to service with the
National Guard or Armed Forces of the United States; to
provide requirements in criminal cases for bail to be set for
a defendant when the state is granted such a continuance, with
exceptions; and to require the Alabama Supreme Court to amend
its rules accordingly.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a)(1) A court, upon motion, shall continue
a criminal case when the defendant, the defendant's attorney,
the victim, the vicitm's representative if the victim is
unavailable, or the prosecutor is absent from court when the
case is called for trial because he or she is on active duty
as a member of the National Guard or a reserve or active
component of the Armed Forces of the United States.
(2) The movant shall state under oath that the absence
is due to service on active duty as a member of the National
Guard or a reserve or active component of the Armed Forces of
the United States.
(b) A court shall continue a criminal case upon a
showing by the prosecution or the defendant that a witness is
unavailable because the witness is on active duty as a member
of the National Guard or as a member of a reserve or active
component of the Armed Forces of the United States if all of
the following are established by the movant:
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the following are established by the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper
military authority for the testimony of the witness in
accordance with 5 U.S.C. § 301, and any rule or directive
adopted or issued by the proper authority pursuant to that
section.
(3) The provisions of Section 12-21-135.1, Code of
Alabama 1975, are not satisfied.
(c)(1) Except as provided in subdivisions (2) and (3),
in any case in which the prosecution is granted a continuance
pursuant to subsection (a) or (b), a court shall set bail upon
application by the defendant.
(2) For any case in which the defendant is accused of
committing a violent offense as defined in Section 12-25-32,
Code of Alabama 1975, or a sex offense as defined in Section
15-20A-5, Code of Alabama 1975, or for any case in which bail
has previously been revoked or denied, the court may set bail.
(3) This subsection does not apply to a case when the
defendant is charged with committing a capital offense under
Section 13A-5-40, Code of Alabama 1975.
(d) This section shall apply to a criminal case to
which a judge has been appointed pursuant to the Speedy Trial
Act, Article 2 of Chapter 1 of Title 12, Code of Alabama 1975.
Section 2. (a)(1) A court shall grant a continuance for
good cause shown when a party or his or her counsel of record
in a civil case is absent from court when the case is called
for trial because the party or counsel of record is on active
duty as a member of the National Guard or a reserve or active
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duty as a member of the National Guard or a reserve or active
component of the Armed Forces of the United States, unless the
court finds, on the record, that granting the continuance
would substantially prejudice another party, unduly burden the
administration of justice, or that reasonable alternatives
exist to protect the rights of the absent service member.
(2) The case may proceed if the party, in the absence
of his or her counsel of record, or the counsel of record in
the absence of the party, announces ready for trial on the
call of the case.
(b) A court shall continue a civil case upon a showing
by a party that a witness is unavailable because the witness
is on active duty as a member of the National Guard or as a
member of a reserve or active component of the Armed Forces of
the United States if all of the following are established by
the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper
military authority for the testimony of the witness in
accordance with 5 U.S.C. § 301, and any rule or directive
adopted or issued by the proper authority pursuant to that
section.
(3) The provisions of Section 12-21-135.1, Code of
Alabama 1975, are not satisfied.
Section 3. It is the intent of the Legislature that,
pursuant to Section 150 of the Constitution of Alabama of
2022, the Supreme Court of Alabama shall amend its rules to
conform with this act.
Section 4. This act shall become effective on October
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Section 4. This act shall become effective on October
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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 10-Mar-26.
John Treadwell
Clerk
Senate 09-Apr-26 Passed
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