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SB139 INTRODUCED
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SB139
BYB9C4J-1
By Senator Weaver
RFD: Judiciary
First Read: 14-Jan-26
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BYB9C4J-1 01/12/2026 THR (L)ma 2026-147
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First Read: 14-Jan-26
SYNOPSIS:
Under existing law, every person charged with
and arrested for a felony has an absolute right to a
preliminary hearing.
This bill would provide that a pretrial
detention hearing may satisfy the right to a
preliminary hearing.
Under existing law, a defendant may be denied
bail for certain enumerated offenses following a
pretrial detention hearing.
This bill would provide that a pretrial
detention hearing must be set within 10 days of the
defendant's arrest.
This bill would provide that a continuance of a
pretrial detention hearing may not exceed 21 days
unless a joint motion is filed by the parties.
This bill would require a court to make a record
of all pretrial detention hearings.
This bill would also provide that an appeal of a
pretrial detention order shall be made to the Court of
Criminal Appeals.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Sections
15-11-1 and 15-13-3, Code of Alabama 1975; to further provide
for preliminary hearings and further provide for pretrial
detention hearings; and to repeal Section 15-13-3.1, Code of
Alabama 1975, relating to pretrial detention.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-11-1 and 15-13-3, Code of
Alabama 1975, are amended to read as follows:
"§15-11-1
(a) Every person individual charged with and arrested
for a felony before his or her indictment shall have an
absolute right to a preliminary hearing on said the charge
upon such person's his or her demand within 30 45 days
following said the arrest ;, provided , that such person's his
or her failure or refusal to appear for such the preliminary
hearing or his or her absence from the state at the time of
the setting for the preliminary hearing shall not delay or
invalidate an indictment pursuant to said the charge.
(b) A pretrial detention hearing held pursuant to
Section 15-13-3 shall satisfy a defendant's rights under this
section unless otherwise ordered by the court for good cause
shown. "
"§15-13-3
(a) A defendant is not eligible for bail when he or she
is charged with capital murder pursuant to Section 13A-5-40,
if the court is of the opinion, on the evidence adduced, that
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if the court is of the opinion, on the evidence adduced, that
he or she is guilty of the offense.
(b)(1) The court, after After a pretrial detention
hearing as provided in this subsection , for an offense
enumerated in this subsection and after the presentment of an
indictment or a showing of probable cause in the charged
offense, and if the court may deny a defendant bail if both of
the following apply:
(1) The prosecuting attorney proves by clear and
convincing evidence that no condition or combination of
conditions of release will reasonably ensure the defendant's
appearance in court or protect the safety of the community or
any person , may deny a defendant's bail, if he or she .
(2) The defendant is charged with any of the following
offenses:
a. Murder, as provided in Section 13A-6-2.
b. Kidnapping in the first degree, as provided in
Section 13A-6-43.
c. Rape in the first degree, as provided in Section
13A-6-61.
d. Sodomy in the first degree, as provided in Section
13A-6-63.
e. Sexual torture, as provided in Section 13A-6-65.1.
f. Domestic violence in the first degree, as provided
in Section 13A-6-130.
g. Human trafficking in the first degree, as provided
in Section 13A-6-152.
h. Burglary in the first degree, as provided in Section
13A-7-5.
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13A-7-5.
i. Arson in the first degree, as provided in Section
13A-7-41.
j. Robbery in the first degree, as provided in Section
13A-8-41.
k. Terrorism, as provided in subdivision (b)(2) of
Section 13A-10-152 (b)(2) .
l. Aggravated child abuse, as provided in subsection
(b) of Section 26-15-3.1 (b).
(2)(c)(1) A court shall order that a defendant charged
with an offense listed in this subsection (b) be held without
bail prior to a pretrial detention hearing , unless the court
is notified that there is an agreement between the parties
regarding conditions of bail .
(2) If there is an agreement regarding bail, no
pretrial detention hearing shall be held.
(3)(d)(1) The court shall hold a pretrial detention
hearing immediately , upon the defendant's first appearance
before the court, shall set a pretrial detention hearing
within 10 days of the arrest of a defendant for an offense
listed in subsection (b) unless the prosecuting attorney or the
defendant requests a continuance. Except for good cause, a
continuance on a motion of the defendant may not exceed five
days, excluding Saturdays, Sundays, and state holidays, and a
continuance on motion by the prosecuting attorney may not
exceed three days, excluding Saturdays, Sundays, and state
holidays .
(2) A pretrial detention hearing may be continued for
up to 21 days upon a determination of good cause.
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up to 21 days upon a determination of good cause.
(3) A pretrial detention hearing may be continued
beyond 21 days on a joint motion of the parties.
(4) The defendant shall be detained until the pretrial
detention hearing is held and during any continuance unless
the court is notified of an agreement of the parties to
conditions of bail .
(5) If the last day to hold a pretrial detention
hearing falls on a Saturday, Sunday, legal holiday, or any
other day a court is closed, the hearing shall be set on the
following business day.
(4)a.(e)(1) A defendant shall have all of the following
rights at a pretrial detention hearing:
1.a. To be represented by counsel. If the defendant is
financially unable to obtain counsel, he or she shall have
counsel appointed.
2.b. To testify.
3.c. To present witnesses.
4.d. To present evidence.
5.e. To cross-examine witnesses.
b.(2) The judge shall have discretion as to who the
defendant may call as a witness as provided in this
subdivision at the pretrial detention hearing.
(5)(f) In considering whether there are any conditions
or combination of conditions that would reasonably ensure the
defendant's appearance in court or protect the safety of the
community and of any person, the court shall consider all of
the following factors:
a.(1) The nature and circumstances of the offenses
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a.(1) The nature and circumstances of the offenses
charged.
b.(2) The weight of the evidence against the defendant.
c.(3) The history and characteristics of the defendant,
including, but not limited to , the defendant's character,
physical and mental condition, family ties, employment,
financial resources, length of residence in the community,
community ties, past conduct, history relating to drug or
alcohol abuse, criminal history, and the defendant's record
concerning appearance at court proceedings, and whether, at
the time of the current offense, the defendant was on
probation, parole, or on other release pending trial,
sentencing, appeal, or completion of sentence for an offense.
d.(4) The nature and seriousness of the danger to any
person or the community if the defendant is released.
(6)(g) At any pretrial detention hearing, the rules
governing admissibility of evidence in criminal trials shall
not apply, and the court shall receive all relevant evidence.
All evidence shall be recorded. The testimony of a defendant
may not be admissible in any other criminal proceeding against
the defendant, except if being used for perjury based on the
testimony or for the purpose of impeachment in any subsequent
proceeding.
(h) A recording of a pretrial detention hearing shall
be kept by stenographic reporting, by mechanical or electronic
device or by some combination thereof, for the purpose of
creating an official record of the proceedings. The audio or
stenographic recording shall be preserved until the time for
making an appeal has expired. The trial court shall determine
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making an appeal has expired. The trial court shall determine
whether there is an adequate record for purposes of appellate
review.
(7)a.(i)(1) A prosecuting attorney may file a motion
for a pretrial detention hearing at any time.
b.(2) A pretrial detention hearing may be reopened,
before or after a determination by the court, at any time
prior to trial if the court finds that information exists that
was not known by the movant at the time of the pretrial
detention hearing.
(8)(j) In an order denying bail, the judge shall make
written findings or state for the record findings of fact and
a statement of the reasons for denying bail. The judge shall
enter an order denying bail within 48 hours of the pretrial
detention hearing.
(k) An appeal of a pretrial detention order shall be
made to the Court of Criminal Appeals unless there is not an
adequate record, in which case the appeal shall be made to the
circuit court de novo.
(l)(1) Notwithstanding any provision of law, a judge
may order, as a condition of bond, that a defendant charged
with any offense listed in subsection (b) be supervised by the
Board of Pardons and Paroles.
(2) The board shall adopt rules necessary to implement
this subsection. "
Section 2. If Section 4 of Act 2025-273, which amends
Section 15-13-3, Code of Alabama 1975, becomes effective
pursuant to the ratification of the constitutional amendment
proposed by Act 2025-227, the Code Commissioner shall give
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proposed by Act 2025-227, the Code Commissioner shall give
effect to both this act and Section 4 of Act 2025-273 to the
extent that the language is not in substantive conflict and in
a manner that will make the code section intelligible.
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. Section 15-13-3.1, Code of Alabama 1975,
relating to pretrial supervision of certain offenders, is
repealed.
Section 5. This act shall become effective on May 15,
2026.
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