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HB60 • 2026

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Tillman
Last action
2026-04-17
Official status
Enacted
Effective date
2026-10-01

Plain English Breakdown

The bill specifies 'violent offense' and 'sex offense' as defined in specific sections of the Code of Alabama; these definitions are technical legal terms not fully detailed in this summary.

Continuing Court Cases for Active Military Duty

This law requires courts to pause criminal and civil trials if a key person, such as the defendant, lawyer, victim, prosecutor, or witness, cannot attend because they are on active military duty.

What This Bill Does

  • Requires courts to delay criminal cases when the defendant, their attorney, the victim (or representative), or the prosecutor is absent due to active military service in the National Guard or Armed Forces.
  • Allows civil cases to be paused if a party or their lawyer misses trial because of active military duty, unless they announce they are ready for trial without them.
  • Mandates that courts continue both criminal and civil cases when an important witness cannot appear due to military orders, provided the court has requested testimony from the military and video conference is not possible.
  • Requires judges to set bail for defendants if the prosecution gets a delay based on this law, with exceptions for violent crimes, sex offenses, capital charges, or cases where bail was previously denied.
  • Directs the Alabama Supreme Court to update its court rules so they match this new state law.

Who It Names or Affects

  • Courts and judges in criminal and civil cases
  • Defendants, victims (and their representatives), prosecutors, and their attorneys who are on active military duty
  • Witnesses whose testimony is needed but cannot attend due to military service
  • The Alabama Supreme Court

Terms To Know

Continuance
A delay or pause in a court case so it can be heard at a later date.
Active duty military service
When a person is currently serving full-time in the National Guard, Army Reserve, Navy, Air Force, Marines, Coast Guard, Space Force, or other Armed Forces of the United States.
Material witness
A person whose testimony is important and necessary for deciding the outcome of the case.

Limits and Unknowns

  • The law does not require a delay if the absent party or lawyer says they are ready to go forward with the trial.
  • Courts may choose whether to set bail in cases involving violent offenses, sex offenses, capital crimes, or when bail was previously denied.
  • This law only applies starting on October 1, 2026.

Amendments

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

3PSDQZE-1

R 848

Adopted

Plain English: This amendment requires courts to pause criminal and civil cases if a key person is absent due to active military duty, while also setting specific rules for when defendants must be released on bail during these delays.

  • Courts must delay criminal trials if the defendant, their lawyer, the prosecutor, or the victim cannot attend because they are serving in the National Guard or Armed Forces.
  • Courts must pause civil cases if a party or their attorney is absent due to active military duty, unless continuing would unfairly hurt another side or there are other ways to protect rights.
  • If a witness needed for trial is on active military duty and cannot be reached through standard requests, the court must continue the case in both criminal and civil matters.
  • In most criminal cases where the delay helps the prosecution, courts must set bail so the defendant can wait outside of jail until the new date.
  • The law does not require setting bail for defendants accused of violent crimes, sex offenses, capital (death penalty) charges, or if their bail was already denied before.
  • This amendment will not take effect until October 1, 2026.

Bill History

  1. 2026-04-17 House

    Enacted

  2. 2026-04-09 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 1323 (Yeas 29, Nays 0)

  3. 2026-04-09 House

    Delivered to Governor

  4. 2026-04-09 Senate

    Signature Requested

  5. 2026-04-09 House

    Enrolled

  6. 2026-04-09 House

    Ready to Enroll

  7. 2026-03-19 Senate

    Read for the Second Time and placed on the Calendar

  8. 2026-03-18 Senate

    Reported Out of Committee Second House

  9. 2026-03-11 Senate

    Pending Committee Action in Second House

  10. 2026-03-11 Senate

    Read for the first time and referred to the Senate Committee on Judiciary

  11. 2026-03-10 House

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 849 (Yeas 105, Nays 0)

  12. 2026-03-10 House

    Motion to Adopt - Adopted Roll Call 848 (Yeas 103, Nays 0)

  13. 2026-03-10 House

    Third Reading in House of Origin (Yeas 103, Nays 0)

  14. 2026-03-10 House

    Engrossed

  15. 2026-03-10 House

    Judiciary 1st Substitute Offered

  16. 2026-01-14 House

    Read for the Second Time and placed on the Calendar

  17. 2026-01-14 House

    Reported Out of Committee House of Origin

  18. 2026-01-14 House

    Judiciary 1st Substitute

  19. 2026-01-13 House

    Pending Committee Action in House of Origin

  20. 2026-01-13 House

    Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

This act: (1) requires a court, upon motion, to continue a criminal case when the defendant, the defendant's attorney, the victim, the victim's representative if the victim is unavailable, or the prosecutor is absent when the case is at trial due to active duty military service; (2) requires a court to continue a civil case when a party or his or her attorney is absent when the case is at trial due to active duty military service, unless a party or counsel announces ready for trial; and (3) requires a court to continue a criminal and civil case upon a showing that a material witness is unavailable due to active duty military service if a request has been submitted to the proper military authority for testimony and the witness is unable to testify via video conference.

Current Bill Text

Read the full stored bill text
HB60 ENROLLED
Page 0
HB60
3PSDQZE-3
By Representative Tillman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 13-Nov-25
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HB60 Enrolled
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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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