Amendment vs bill Amendment HHXF63-1 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
SB213 ENROLLED B0S94Q-3 By Senators Sessions, Williams RFD:
HHXF63-1 :
Banking and Insurance First Read:
5/16/2023 :
18-Apr-23 2023 Regular Session Page 0 SB213 Enrolled Enrolled, An Act, 3 Relating to the Alabama Bail Reform Act of 1993;
KMS AMENDMENT TO SB213 2ND SESSIONS AMENDMENT TO SB213 OFFERED BY SENATOR SESSIONS 2 4 Replace line 142 on page 6 with the following:
to amend Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164, Code of Alabama 1975, to provide for the acceptance of certain filing fees by the sheriff or jailer;
(f) A sheriff or jailer may accept the filing fee 9 Replace line 205 on page 8 with the following:
to further define cash bail and property bail;
court costs, or restitution when a bail bond is posted before a case is adjudicated.
to provide further for the arrest and delivery of a defendant to jail by a surety with no court costs to be entered on the surety;
Replace lines 213 through 220 on page 8 with the following:
to provide that a surety not be charged for a bondsman's process or for a certified copy of a bond;
in Section 15-13-117 shall not exonerate the surety unless, in the judgment of the court, a good and sufficient cause is given for the failure of the defendant to appear at the time the conditional judgement was entered." On lines 274 and 284 on pages 10 and 11 replace " 28 45" with the following:
to require the license number of the bondsman or recovery on a bondsman's process form;
28 30 Page 1 HHXF63-1 :
to allow a surety to sign for a forfeiture with the clerk of the ordering court;
5/16/2023 :
to increase the time frame for which the ordering court has jurisdiction over a forfeiture action;
KMS AMENDMENT TO SB213 2ND SESSIONS AMENDMENT TO SB213 OFFERED BY SENATOR SESSIONS On lines 315, 341, and 345 on pages 12 and 13 replace " 28 45" with the following:
to authorize a bail bondsman to file motions, answers, and notices relating to a defendant who is out on bond with that bondsman;
28 30 Replace line 372 on page 14 with the following:
to increase the time frames for providing notice and conducting hearings in conditional forfeiture proceedings;
twenty-eight 30 days of the date of issuance or within five On line 405 on page 15 replace " 28 45" with the following:
to remove the requirement that a conditional judgment to set aside be made absolute for the entire sum;
28 30 Replace lines 440 through 449 on pages 16 and 17 with the following:
to provide further for instances when a court may set aside forfeiture and may not release a defendant on judicial public bail;
(b) If a defendant has failed to appear before the court and the governing authorities decline to enter the defendant into the National Crime Information Center database on the felony charge or decline to proceed with extradition, the surety shall be discharged.
to provide further for eligibility for judicial public bail;
The defendant may be charged the cost of extradition and those costs may be added to court costs upon conviction of the defendant." Page 2 HHXF63-1 :
to provide further for Page 1 SB213 Enrolled the amount of new corporate surety bonds and escrow agreements required in counties with populations of 200,000 or more;
5/16/2023 :
to provide further for criminal penalties for certain unlawful behavior;
KMS AMENDMENT TO SB213 2ND SESSIONS AMENDMENT TO SB213 OFFERED BY SENATOR SESSIONS Replace lines 490 through 493 on page 18 with the following:
to make nonsubstantive, technical revisions to update the existing code language to current style;
professional bail company may appear for the same purposes." Replace line 623 on page 23 with the following:
and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
(5) A copy of the current license issued by the Alabama Replace lines 744 through 749 on page 27 with the following:
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
professional bondsman for at least three years.
Section 1.
Sections 15-13-107, 15-13-111, 15-13-114, 15-13-118, 15-13-125, 15-13-128, 15-13-131, 15-13-132, 15-13-134, 15-13-136, 15-13-137, 15-13-138, 15-13-139, 15-13-140, 15-13-141, 15-13-145, 15-13-159, 15-13-160, and 15-13-164 of the Code of Alabama 1975, are amended to read as follows:
"§15-13-107 (a) Judges of any court within the State of Alabama state may accept, take, and approve bail within the jurisdiction of their respective courts.
(b) Circuit, district, and municipal court clerks, including magistrates, may accept, take, and approve bail within the jurisdiction of their respective courts.
(c) Only judicial officers and circuit, district, and municipal court clerks or a designee of the court may accept and approve appeal bonds and cash bonds.
Provided, however, that any person designated by the court to receive cash bonds, shall be bonded to receive court moneys monies and have the Page 2 SB213 Enrolled written approval of their chief administrative officer.
Clerks of the courts of Alabama may delegate to their employees the right to accept and approve appeal bonds and cash bonds.
(d) Sheriffs of the state and chiefs of police having custody of a defendant may accept, take, and approve property or professional surety bail.
The authority may be delegated to their deputies and officers.
(e) The judicial officers and persons in subsections (a), (b), (c), and (d) shall accept and shall release the defendant when bail meets the requirements as set out in Division 10, applying to professional surety.
The judicial officers and persons in subsection (c) shall accept, approve, and release the defendant when the bail meets the requirements as set out in Division 9, applying to cash bail.
The judicial officers and persons in subsections (a), (b), (c), and (d) may accept, approve, and release the defendant when the officer or person, as designated, is of the opinion the bail meets the requirements as set out in Division 8 of this chapter, applying to property bail.
(f) A sheriff or jailer may accept the filing fee assessed under subsection (a) of Section 12-19-311, if payment has been physically attached to the bail bond form at the time of posting of the bail bond for the release of the defendant.
The clerks may accept business checks, cashiers checks, certified checks, money orders, or cash.
Any check or money order shall be cashed within 90 days of receipt." "§15-13-111 For persons arrested and taken into custody, there Page 3 SB213 Enrolled shall be four kinds of bail used in this state.
No other form of bail may be approved and accepted by any judicial officer, court clerk, magistrate, or any other person designated to accept and approve bail as stipulated in Division 1, Sections 15-13-100 to 15-13-110, inclusive.
The four kinds of bail shall be judicial public bail, cash bail, property bail, and professional surety bail.
Their definitions are as follows:
(1) CASH BAIL.
Cash bail is when the defendant or some person on behalf of the defendant deposits cash in an amount equal to a part or the total sum of the bail as set by the 95 judicial officer to the clerk of the court having jurisdiction over the case.
Show all 201 changed rows (161 more)
Previous
Latest
Acceptance of cash bail shall conform to Division 9.
(2) JUDICIAL PUBLIC BAIL.
Judicial public bail is the release of any defendant without any condition of an undertaking relating to, or a deposit of, security.
Such Judicial public bail shall be granted to persons subjected to custodial arrest only by a judicial officer having jurisdiction over the defendant and in accordance with the procedures established in Division 7 of this article.
(3) PROFESSIONAL SURETY BAIL.
Professional surety bail is when a defendant is released on bail by having a professional surety or professional bail company execute a bond on behalf of the defendant and becoming surety on the bail.
Such Professional surety or professional bail companies shall meet the qualification requirements of Division 10.
(4) PROPERTY BAIL.
Property bail is when a defendant is released on bail by having at least one or more real property Page 4 SB213 Enrolled owners that own real property in the State of Alabama state, execute or become bail or surety for the defendant.
Such property Real property owners shall qualify and meet requirements applying to property bail as set out in Division 8." "§15-13-114 The obligation of the sureties continues throughout every stage of trial, from the time the defendant is entered thereon until the rendition of the verdict by the jury or judge.
The finding of the defendant guilty by a jury or judge discharges the sureties.
The obligation of the sureties are also discharged when the judge takes any of the following actions:
(1) Sentences the defendant.
(2) Grants the prosecutor's motion to nol pros the case.
(3) Dismisses the case.
(4) Issuance of Issues any order to the defendant to attend driving-under-the-influence school, mental health counseling, or any similar order of which the court would only have had the authority to do so, if there had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of Issues any order of restitution or payments received from the defendant to the court for fines, court costs, or restitution when a bail bond is posted before a case is adjudicated.
(6) Announcement or order of Announces or orders Page 5 SB213 Enrolled sentence prior to any probation determination." "§15-13-118 After the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety may arrest the defendant as provided in Section 15-13-117, but and the arrest and delivery of the defendant to the authorized jail as stated in Section 15-13-117 shall not exonerate the surety unless, in the judgment of the court, a good and sufficient cause is given for the failure of the defendant to appear at the time the conditional judgement was entered." "§15-13-125 The clerk of the court having jurisdiction over the defendant shall issue a bondsman's process to the sureties on such the bail upon their request.
The request may be made by any one of the sureties.
Before the issuance of the process, the clerk shall determine if the case is still open and the defendant and the sureties have not been discharged by law.
A surety shall not be charged for the bondsman's process or for a certified copy of the bond." "§15-13-128 The following shall be substantially the form to be used for a bondsman's process.
BONDSMAN'S PROCESS STATE OF ALABAMA COUNTY OF ___________.
(or) CITY OF ______________.
WHEREAS, the Sureties on the bail of the defendant _____, in case number _____, have expressed their desire to Page 6 SB213 Enrolled surrender the defendant to the custody of _____ of (City or County), Alabama, and such desire has been expressed to the clerk of the _____ Court of the City/County of _____, Alabama, and, WHEREAS, the clerk has checked the records and case number _____ is still pending and the defendant nor his or her sureties have been discharged of their obligations, or the records of case number _____ reflect that the defendant has failed to appear on the obligation of bail as required and a warrant has been issued for the arrest of the defendant.
NOW, THEREFORE, this document is issued, as required by law, and the document gives the right to the Sureties (bondsmen) to arrest the defendant, _____ at any place in the State of Alabama, or the sureties may authorize another person to arrest the defendant by an endorsement in writing on this document or attached to this document and the surety or bondsman shall forthwith, after the arrest, take the defendant to the _____ jail of _____, custodian thereof.
Executed this _____ day of _____, 20__.
________________ CLERK OF COURT SEAL:
Bondsman Return On this _____ day of ___________, 20__, I ___________ agent for ___________ surrender the above named defendant to the ___________ jail of ___________.
Time:
_____ Bondsman's or Recovery License Number:
__________." "§15-13-131 Page 7 SB213 Enrolled (a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order against the defendant and the sureties of the bail.
The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court within 2830 days of after the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the written response is sufficient, the court shall set aside the conditional forfeiture.
If the court is of the opinion the written response is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited.
The hearing shall not be set less than 90 120 days of after the service of the conditional forfeiture order.
If no written response has been filed after 28 30 days from the date of service of the notice, the court may enter an appropriate order or final judgment forfeiting all or part of the amount of the bond which shall be enforceable as any civil judgment.
The court may take into consideration the circumstances provided to the court and continue any final forfeiture hearing to another day and time allowing the sureties more time to apprehend the defendant.
(b) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited as cash bail, a conditional judgment shall Page 8 SB213 Enrolled be rendered by the court in favor of the state or its subdivisions, for the use of the proper city, county, or state, against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows:
(State of or City of)Charge:
_______vsCase No.
______A.B.___________ C.D.___________ E.F.
(Sureties)__________ It being known to the court that A.B., together with (Sureties) _____ , agreed to pay the State of Alabama (or City of _____,) _____ dollars (the sum specified in the undertaking), unless A.B.
appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case and A.B.
having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered by the court that the State of Alabama (or City of _____,) for the use of _____ State (or City), recover of the defendant and sureties on the undertakings, the sum of _____ dollars (the sum specified in the undertaking), unless they file a written response and show cause why this judgment should not be made absolute within 28 30 days of after the date of service of this conditional forfeiture order.
(c) The state shall remit one-half of the funds it receives under subsections (a) and (b) to the county in which the defendant was charged.
The funds shall be deposited into the general fund of the county and used for the maintenance and operation of the county jail." "§15-13-132 Page 9 SB213 Enrolled A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court's conditional forfeiture order to the defendant and sureties.
The notice may be in the following form:
STATE OF ALABAMA_____________(or City of ___________)Defendant vs ___________ County_____________ SuretyCase No.
________________________ SuretyCharge:
___________ Conditional Forfeiture Notice To:
______________________ CourtDefendant_________________________Surety You are hereby notified that your name appears as a surety on the bond in the above styled case.
This case was called for trial on _______ (date) and the defendant was not present to answer.
Therefore, a conditional forfeiture of _______ dollars was entered against you.
You shall file a written response within 28 30 days after you receive this notice and show cause to the court why this bond amount and the court cost incident to this forfeiture should not be made final.
If no action on your part is taken 28 30 days after the date you receive this notice, a final forfeiture may be entered against you by the court.
The sheriff shall collect the amount of the bond and court cost from you or levy on your property to satisfy the forfeiture case.
If you file a written response and the court is of the opinion your written response is not sufficient to set aside the conditional forfeiture, Page 10 SB213 Enrolled then the court shall set a final forfeiture hearing date and you will be notified at the address provided on the response.
This bond forfeiture is a court case against you separate from the defendant's criminal case.
The court has also ordered that the defendant be re-arrested in the original case.
Date issued:
___________By ___________ Clerk " "§15-13-134 A conditional forfeiture notice may be served by any law enforcement officer, at the law enforcement office in the same manner as a summons in a civil action, except that service may not be by publication.
At the law enforcement officer's discretion and expense, the notice may be served by certified mail, requiring a signed receipt or some equivalent thereof.
In the event the notice is served by certified mail, return of the receipt properly signed shall be prima facie evidence of service.
A surety may sign for the forfeiture with the clerk of the court.
The notice required by this subsection must shall be returned by the person individual serving it, with his or her proper return endorsed thereon, within twenty-eight 30 days of the date of issuance or within five days of service, whichever period of time is shorter." "§15-13-136 In forfeiture cases where the clerk of the court has failed to issue the conditional forfeiture notice as stipulated in Section 15-13-132 and where there has been no service as set out in Section 15-13-134 made within 90 days of after the order of the court as set out in Section 15-13-131, Page 11 SB213 Enrolled and where the sureties have complied with Section 15-13-133, then the sureties shall be discharged from all liability of the bail and the conditional judgment shall be set aside against such those sureties." "§15-13-137 If the defendants appear and show sufficient cause for the default to be determined by the court, the conditional judgment shall be set aside.
If the excuse is not sufficient, or if the defendant or sureties fail to appear at the final forfeiture hearing, the judgment shall may be made absolute for the entire sum expressed in the undertaking, or any portion thereof according to the circumstances." "§15-13-138 The court shall set aside the conditional forfeiture in its entirety for the following reasons or under the following circumstances:
(1) If the sureties can show that the defendant was hospitalized at the time he or she was to appear in court, or if the sureties can produce sufficient evidence that the defendant was not able to attend court for reason of illness, by producing a doctor's certificate or letter to that effect.
The hospitalization may be in or out of the State of Alabama this state.
For the sureties to take advantage of this provision subdivision, they shall put the court on notice that the situation exists either prior to the issuance of the conditional forfeiture order or within 28 30 days after legal service of the conditional forfeiture on the sureties.
After receiving notice, the court may continue the case to a future Page 12 SB213 Enrolled date it deems proper and just for the defendant to appear.
If at that time the defendant is still not able to attend court for the same reason, then it shall be the burden of the sureties to produce the evidence within the same prescribed time.
This section shall does not bar the court from the issuance of a bench warrant for the defendant in cases where the court feels that documents of proof do not reflect the truth, or where the court has reason to believe the defendant may appear and he or she is using such the documents of proof as an excuse to avoid appearance.
(2) If the sureties show that the defendant was confined in jail or in the custody of another jurisdiction in the State of Alabama this state or any other state, at the time of his or her original appearance or on the date of the issuance of the conditional forfeiture order, or if the surety shows that the defendant is still confined in any jail in the State of Alabama this state or any other state, or in the custody of another jurisdiction within the State of Alabama this state or any other state, or in the custody of another jurisdiction within the continental United States, including United States federal jurisdiction, the court shall set aside the conditional forfeiture and continue the case until a time after the end of that confinement.
If the court later learns that the defendant is free from confinement before the confinement was supposed to end, then the court, with notice to the sureties, may reset the case and the burden shall be on the sureties to produce the defendant for the hearing or the court may issue another conditional forfeiture.
Page 13 SB213 Enrolled (3) If the sureties show the defendant is deceased.
(4) If the sureties show the defendant was serving on active duty in one of the military services of the United States." "§15-13-139 In forfeiture cases where the sureties have paid the amount of the forfeiture into the court or in cases where the forfeiture has been made final or absolute and there is no further litigation pending on the forfeiture, and the surety locates the defendant and causes the return of the defendant to the custody of the court where the bond was forfeited, and if the defendant was substantially procured by actions of the surety, and the administration of justice has not been thwarted nor the successful prosecution of the defendant has been affected, then the court which ordered the forfeiture, shall have full power and jurisdiction in all proceedings conducted pursuant to this article and within a period of six months one year from the date of issuance of any final forfeiture judgment, to consider any costs to the state or its subdivisions which resulted as a cause of the default, if any, and upon giving consideration thereto, may, in the court's discretion, remit the whole of the penalty of the bail, or undertaking, or any portion thereof, which is in excess of any costs to the state or its subdivisions, and render a new final judgment against the sureties appearing upon the bail bond or undertaking.
In forfeiture cases, if the judgment has been paid into the State Treasury or Municipal Treasury a municipal treasury, the court may issue an order to the custodian of the Page 14 SB213 Enrolled treasury to make a refund to the sureties." "§15-13-140 Reasons for default shall be heard by the court on application, at any time when not engaged in other business.
When a conditional judgment is set aside for sufficient cause, no cost shall be imposed on the sureties.
This provision section has no application where money is deposited instead of bail.
Sureties may appear before the courts of this state or its subdivisions to answer any "show cause order," conditional or final forfeiture to give any reasons for default, to present any defense to the default, and for any other purpose of informing the courts about information relating to the appearance or non-appearance of the defendant on the bail of which they are surety.
If the surety is a professional surety company or professional bail company then any agent or representative of the professional surety company or professional bail company may appear for the same purposes." "§15-13-141 In all cases where a conditional forfeiture has been made final by any court of the state or any of its subdivisions and there has been no further action or request filed with the court, appeal taken, application to the State Pardons and Paroles Board, or any other litigation of which the court has knowledge has been filed by the surety with the court within 30 days to the clerk of the court of the entry or order of the final judgment and the same has not been paid within 30 days to the clerk of the court, then the clerk shall refuse to accept and approve any bonds from the surety as Page 15 SB213 Enrolled being insufficient.
The clerk shall notify all persons authorized to accept and approve bonds returnable to the court of the action and they shall no longer accept or approve surety on bonds until notified otherwise by the clerk.
The clerk shall also notify the circuit clerk of the county who shall notify all other clerks of any courts in the county in writing and the clerks shall refuse to accept or approve any other bonds of the surety and shall notify the other authorized persons having the authority to approve and accept bail returnable to their courts of the action and they shall no longer accept or approve the surety on bail until otherwise notified by the clerk.
Refusal by the clerks shall be in writing and shall be known as a "clerk's revocation of surety."" "§15-13-145 Any person charged with a felony, misdemeanor, or violation shall be eligible for a judicial public bail, if:
(1) The person is not charged with robbery, capital murder, forcible sex crimes, escape, trafficking in drugs, or the sale of drugs.
(2) The person has not been convicted of a previous felony or committed a felony while being released on any form of bail.
(3) The person is not presently under a suspended sentence or on probation or parole for a previous conviction on a misdemeanor or a felony.
(4) There is no evidence, satisfactory to the judicial officer, that the person has violated a previous bail release, Page 16 SB213 Enrolled whether it be judicial public bail, property, cash, or professional surety bail, or failure to appear." "§15-13-159 No professional surety company shall execute or become surety on any appearance bond in this state, unless it has an order granting authorization to become professional surety on any bail.
The order granting the authorization shall be reissued annually, prior to January 1 of each year, by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds.
Prior to the judge's issuance of the original order and no later than December 1 of each year, thereafter, professional surety companies shall submit annually to the presiding circuit judge the following:
(1) An original or certified copy of a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the company is qualified to write a bail line of insurance and that the company is in good standing with the department.
(2) An original qualifying power of attorney issued by the professional surety company, specifying any applicable limitations and the names of the agents that may execute and bind the company to a bail undertaking.
The qualifying power of attorney shall not name any company, corporation, or other entity as an agent except a person as defined as a professional bondsman in Division 1, Section 15-13-100 of this chapter, and that person shall be an agent of the company licensed with the Department of Insurance.
Page 17 SB213 Enrolled (3) A copy of the license issued by the Department of Insurance of each agent who is named in or appointed by the qualifying power of attorney in subdivision (2) or a letter or other documentation from the department indicating that the appointed agents are temporarily licensed as agents of the professional surety company for those lines of insurance.
(4) An affidavit or certification in writing, under oath, executed by a licensed agent of the professional surety company who is the manager or an owner or president of a corporation, company, partnership, or other entity that represents the professional surety company, filed with the clerk of the circuit court of each county in which the professional surety company executes or becomes surety on appearance bonds, stating the following:
a.
That all appearance bonds shall be executed in the name of the professional surety company as surety by the agents listed or appointed in the qualifying power of attorney presented to the court or any other qualifying powers of attorney filed with the circuit clerk of the county.
b.
That all agents listed or appointed in the qualifying powers of attorney shall be licensed by the Department of Insurance, prior to their appointments.
c.
That any agency, company, corporation, or other entity that represents the professional surety company in the county, has no owners or other persons having a direct or indirect financial interest in such agency, company, corporation, or other entity, that have been convicted of a felony or a crime involving moral turpitude.
If any person Page 18 SB213 Enrolled having a direct or indirect financial interest in such agency, company, corporation, or other entity has been convicted of a felony or a crime involving moral turpitude, then the affidavit or certification shall certify that there has been such conviction, providing the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.
d.
That the professional surety company has no knowledge of forfeitures that have been final for more than 30 days that have not been paid to the clerk of the court arising out of surety undertaking, and that the professional surety company has no petitions, motions, or other litigation matters pending.
e.
That no agents of the professional surety company who have the authority to execute appearance bonds in its behalf or any person having a financial interest, direct or indirect, in the ownership or management of any agency, company, corporation, or other entity that represents the professional surety company in the execution of appearance bonds, is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.
f.
The names and addresses of all persons, officers, employees, and agents of the agency, company, corporation, or other entity that represents the professional surety company becoming surety on appearance bonds who have a direct or indirect financial interest in the agency, company, Page 19 SB213 Enrolled corporation, or other entity representing the professional surety company and the nature and extent of each interest.
g.
That those persons stated in this section have not, within a period of two years, violated any provisions of this chapter or any rules adopted by the Supreme Court of Alabama in accordance with this chapter.
(5) A copy of the current license issued by the Alabama Professional Bail Bonding Board pursuant to the Alabama Bail Bond Regulatory Act, Article 8, commencing with Section 15-13-200." "§15-13-160 (a) No professional bail company shall execute or become surety on any appearance bond in this state, unless it the company has an order granting authorization to become professional surety on any bail.
The order granting authorization shall be reissued annually prior to January 1 of each year by the presiding circuit judge of the county in which the company desires to execute bail or appearance bonds.
Prior to the judge's issuance of the original order and no later than December 1 of each year, thereafter, professional bail companies shall submit annually to the presiding circuit judge the following:
(1)a.
An original corporate surety bond or escrow agreement, filed and approved by the presiding circuit judge of the county in which the professional bail company executes or becomes surety on appearance bonds, in the amount of $25,000 twenty-five thousand dollars ($25,000), guaranteeing the payment of all sums of money that may become due by virtue Page 20 SB213 Enrolled of any judgment absolute that may be rendered against the professional bail company on a forfeiture entered by any court in the county.
Corporate surety bonds shall be executed only by a surety company authorized to do business in the State of Alabama this state and qualified to write bonds by the Department of Insurance.
The corporate surety bond shall provide that it may be cancelled as to any future liability by the corporate surety company or the professional bail company giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the bond or instrument was filed.
A bank in the State of Alabama this state shall be a party to all escrow agreements, and those agreements shall provide that the agreement may be cancelled as to any future liability only by the professional bail company and bank giving 30 days prior written notice of the cancellation to the clerk of the circuit court in which the escrow agreement or instrument is filed.
Once a professional bail company has filed an original continuous corporate surety bond or escrow agreement with the circuit clerk and it has been approved by the presiding circuit judge, then the professional bail company does not have to file any other original continuous corporate surety bond or escrow agreement upon annual recertification.
The professional bail company shall submit an original certificate from the insurance company which executed the corporate surety bond reflecting that it is still in force or an original letter from the bank stating the escrow agreement is still effective and the moneys monies are still held in trust.
When any professional bail company is annually Page 21 SB213 Enrolled recertifying, the circuit clerk shall send the original corporate surety bond or original escrow agreement with any cancellations received by the circuit clerk to the presiding circuit judge for review and approval.
b.
Any new original corporate surety bond or escrow agreement made after the effective date of the act adding this paragraph, in a county with a population of 200,000 or more, shall require a surety bond or escrow agreement in the amount of fifty thousand dollars ($50,000).
This paragraph does not affect any corporate surety bond or escrow agreement made before the effective date of the act adding this paragraph.
Current escrow agreements and corporate surety bonds shall remain at twenty-five thousand dollars ($25,000) for any renewal thereafter.
(2) An original qualifying power of attorney, letter, or other document issued by the professional bail company specifying any applicable limitations and specifying the agents who are authorized to execute and bind the professional bail company to a bail undertaking or to appearance bonds.
The qualifying power of attorney, letter, or other document may only name persons as agents.
(3) An original affidavit or certificate in writing, under oath, executed by an owner or officer of a professional bail company, to the clerk of the circuit court of the county in which the professional bail company shall execute or become surety on appearance bonds which contains all of the following:
a.
That all appearance bonds shall be executed in the Page 22 SB213 Enrolled name of the professional bail company as surety by the agents listed or appointed in the qualifying power of attorney, letter, or other document presented to the court or any other person so named in any future qualifying powers of attorney, letters, or documents filed with the circuit clerk of the county.
b.
That the professional bail company is qualified to do business in this state and its resident address.
c.
That the professional bail company has sufficient financial net worth to satisfy its obligations as a surety.
d.
That no person having a direct or indirect financial interest in the professional bail company has been convicted of a felony or a crime involving moral turpitude.
Notwithstanding the foregoing, if any person having a direct or indirect financial interest in the bonding business has been convicted of a felony or a crime involving moral turpitude, then the person making the certification shall certify that there has been a conviction, provide the name of the person convicted, and certify that the person convicted has been pardoned or has had a restoration of civil rights.
e.
That the professional bail company has no knowledge of any forfeiture that has been made final for more than 30 days that has not been paid arising out of surety undertakings and as to which the professional bail company has no petitions, motions, or other litigation matters pending.
f.
That there are no persons, including employees, agents, or persons with a financial interest in the professional bail company, who, within a period of two years, Page 23 SB213 Enrolled violated this chapter, or any rules adopted by the Supreme Court governing the qualifications of professional surety or bail companies.
g.
That no employee, agent, or any other person having a direct or indirect financial interest in the professional bail company is an attorney, a judicial official, a person authorized to accept an appearance bond, or an agent of an attorney, judicial official, or person authorized to accept an appearance bond.
h.
The names and addresses of all officers, employees, and agents of the professional bail company who have a direct or indirect financial interest in the professional bail company and the nature and extent of each interest.
(b) A professional bondsman may not own a professional bail company until he or she has been licensed as a professional bondsman for at least three years.
The unlicensed individual shall have 90 calendar days, from date of purchase, to obtain a license and shall employ a minimum of one employee who has been licensed for at least three consecutive years." "§15-13-164 (a) Any person who becomes surety on any bail for a defendant in this state and receives something of value or charges a fee therefor, and who is not authorized as a professional surety or bail company under this chapter shall Page 24 SB213 Enrolled be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state for such an offense.
The unlicensed individual shall have 90 calendar days, from date of purchase, to obtain a license and shall employ a minimum of one employee who has been licensed for at least three consecutive years." Replace lines 758 through 763 on page 28 with the Page 3 HHXF63-1 :
(b) Any defendant, or other individual who provides false information to the court or to the surety on any bail bond forms or contracts, shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state.
5/16/2023 :
(c) Any surety who exchanges sexual services in exchange for bail bond services shall be guilty of a Class C felony and, upon conviction, shall be sentenced in accordance with the laws of this state." Section 2.
KMS AMENDMENT TO SB213 2ND SESSIONS AMENDMENT TO SB213 OFFERED BY SENATOR SESSIONS following:
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or amends the definition of an existing crime.
(b) Any defendant, or other individual who provides false information to the court or to a surety on any bail bond forms or contracts, shall be guilty of a Class A misdemeanor and, upon conviction, shall be sentenced in accordance with the laws of this state.
Section 3.
Replace line 767 on page 28 with the following:
The provisions of this act are severable.
with the laws of this state." Page 4
If any part of this act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.
Section 4.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 25 SB213 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB213 Senate 06-Jun-23 I hereby certify that the within Act originated in and passed the Senate, as amended.
Patrick Harris, Secretary.
House of Representatives Amended and passed:
06-Jun-23 Senate concurred in House amendment 06-Jun-23 By:
Senator Sessions Page 26