reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-134 - Service of Forfeiture Notice.

Section 15-13-134
Service of forfeiture notice.
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. The notice required by this subsection must be returned by the person serving it, with his proper return endorsed thereon, within twenty-eight days of the date of issuance or within five days of service, whichever period of time is shorter.
(Acts 1993, No. 93-677, p. 1259, §35.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-135 - Returns "Not Found" or Certified Mail Returned.

Section 15-13-135
Returns "not found" or certified mail returned.
If the notice is not served on any of the parties to the undertaking, such other notices as are necessary, may, from time to time be issued, but two returns of "not found" by the proper officer are equivalent to personal service, unless one of the parties shows evidence that such "not found" service was not diligently executed by the officer or the officer did not attempt to serve the proper party as prescribed by law. If service was by certified mail and is returned without a signature of acceptance, then the clerk shall reissue it to be served by an officer as specified in Section 15-13-134 and a return of the service "not found" by the proper officer is equivalent to personal service.
(Acts 1993, No. 93-677, p. 1259, §36.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-136 - Failure to Issue and Serve Conditional Forfeiture in 90 Days.

Section 15-13-136
Failure to issue and serve conditional forfeiture in 90 days.
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 the order of the court as set out in Section 15-13-131, 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 sureties.
(Acts 1993, No. 93-677, p. 1259, §37.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-137 - Conditional Judgment Set Aside, Reduced, or Made Absolute.

Section 15-13-137
Conditional judgment set aside, reduced, or made absolute.
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 be made absolute for the entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-138 - Conditions for Which It Shall Be Mandatory for the Court to Set Aside Forfeiture.

Section 15-13-138
Conditions for which it shall be mandatory for the court to set aside forfeiture.
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. For the sureties to take advantage of this provision, they shall put the court on notice that the situation exists either prior to the issuance of the conditional forfeiture order or within 28 days after legal service of the conditional forfeiture on the sureties. After receiving notice, the court may continue the case to a future 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 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 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 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 or any other state, or in the custody of another jurisdiction within the State of Alabama 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.
(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.
(Acts 1993, No. 93-677, p. 1259, §39.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-139 - Remission After Final Judgment of Forfeiture.

Section 15-13-139
Remission after final judgment of forfeiture.
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 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 or Municipal Treasury, the court may issue an order to the custodian of the treasury to make a refund to the sureties.
(Acts 1993, No. 93-677, p. 1259, §40.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-140 - Reasons for Default Heard at Any Time, and Allowed Without Costs.

Section 15-13-140
Reasons for default heard at any time, and allowed without costs.
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 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 or professional bail company then any agent or representative of the professional surety or bail company may appear for the same purposes.
(Acts 1993, No. 93-677, p. 1259, §41.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 6 - Forfeiture - Proceedings Thereon. › Section 15-13-141 - Revocation of Authority to Execute Bail by Clerk.

Section 15-13-141
Revocation of authority to execute bail by clerk.
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 of the entry or order of the final judgment and the same has not been paid to the clerk of the court, then the clerk shall refuse to accept and approve any bonds from the surety as 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."
(Acts 1993, No. 93-677, p. 1259, §42.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-142 - Judicial Public Bail - Authority of Release Person.

Section 15-13-142
Judicial public bail - Authority of release person.
Only a judicial officer may release a person on judicial public bail. The judicial officer shall have jurisdiction over the case and defendant in order to release the defendant on judicial public bail. The judicial officer shall have a hearing for the person and determine if the person meets the requirements of this article.
(Acts 1993, No. 93-677, p. 1259, §43.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-143 - Procedure for Bail Hearings.

Section 15-13-143
Procedure for bail hearings.
A judicial public bail hearing may commence by a motion from any judicial officer having jurisdiction over the defendant or by the defendant's application as stipulated in Section 15-13-109.
(Acts 1993, No. 93-677, p. 1259, §44.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-144 - Notice to Prosecutor.

Section 15-13-144
Notice to prosecutor.
Prior to the hearing, the judicial officer shall have the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose, or the prosecuting officer of the municipal court in municipal court cases, that a person seeks to be released on judicial public bail and notice shall stipulate the time of the hearing. No person shall be released on judicial public bail unless notice is given. Upon receipt of the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled to be heard at the hearing on the merits of the conditions of release, and the hearing shall be at a time, date, and place certain wherein all parties shall appear and proceedings shall be a matter of record. Nothing contained in this chapter shall be construed as granting or affording the defendant an absolute right to be released on judicial public bail, but release shall be in the discretion of the judicial officer and within the terms of this article.
(Acts 1993, No. 93-677, p. 1259, §45.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-145 - Defendants Who May Be Eligible.

Section 15-13-145
Defendants who may be eligible.
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, whether it be judicial public bail, property, cash, or professional surety bail.
(Acts 1993, No. 93-677, p. 1259, §46.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-146 - Judicial Public Bail Release.

Section 15-13-146
Judicial public bail release.
Any person charged with an offense other than an offense exempted by Section 15-13-145, may be ordered released pending trial on judicial public bail upon the execution of an unsecured appearance bond in an amount specified by the judicial officer, unless the officer determines that a release will not reasonably assure the appearance of the person as required or the safety of any other persons or the community. If that determination is made, a judicial officer may either in lieu of, or in addition to, the above method of release, impose restrictions on the travel, association, or place of abode of the person during the period of release or any other conditions specified in Rule 7 of the Alabama Rules of Criminal Procedure on the actions of the defendant while on bail.
(Acts 1993, No. 93-677, p. 1259, §47.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-147 - Determination of Conditions of Release.

Section 15-13-147
Determination of conditions of release.
In determining the restrictions and conditions of release that will assure the appearance of a person as required, and safety of any other person or the community, the judicial officer shall, on the basis of available information, take into account such matters as the nature and circumstances of the offense charged, the weight of the evidence against the person, family ties, employment, financial resources, character and mental condition, past conduct, length of residence in the community, record of convictions, and any record of appearance at court proceedings or failure to appear at court proceedings as well as any objection or recommendation of the district attorney or prosecutor.
(Acts 1993, No. 93-677, p. 1259, §48.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-148 - Additional Conditions.

Section 15-13-148
Additional conditions.
A judicial officer ordering the release of a person on any condition may at any time amend the order to impose additional or different conditions of release.
(Acts 1993, No. 93-677, p. 1259, §49.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-149 - Order of Release.

Section 15-13-149
Order of release.
A judicial officer authorizing the release of a person shall issue an appropriate order containing a statement of the conditions imposed, and shall advise the person that a warrant of arrest or other court order shall be issued against the person terminating the release and committing the person to jail upon any violation of the conditions of the release. The court shall provide a copy of the order to the defendant and shall serve a copy on the district attorney, or prosecuting officer of the court and the person's counsel of record, if any.
(Acts 1993, No. 93-677, p. 1259, §50.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-150 - Cumulative Punishment.

Section 15-13-150
Cumulative punishment.
Nothing in this chapter shall interfere with or prevent the exercise of power to punish for contempt by the courts.
(Acts 1993, No. 93-677, p. 1259, §51.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 7 - Qualification of Bail - Judicial Public Bail. › Section 15-13-151 - Evidence.

Section 15-13-151
Evidence.
Information stated in, or offered in connection with, any order entered pursuant to this article need not conform to the rules pertaining to the admissibility of evidence in a court of law.
(Acts 1993, No. 93-677, p. 1259, §52.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety. › Section 15-13-153 - Value of Property Determined by Approving Authority.

Section 15-13-153
Value of property determined by approving authority.
Any person having the authority to approve and accept property bail shall determine the sufficiency of the bail. As to the value of the property being pledged, the person may take into consideration any property appraisals, including the appraised value by the tax assessor office of the county, or any other documents presented by the owner of the property reflecting a value. The person may request the property owner to produce any documents or other forms which in his or her opinion may aid in the determination of sufficiency. The person may rely solely on the information provided in the affidavit provided by the owner without any verification.
(Acts 1993, No. 93-677, p. 1259, §54.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety. › Section 15-13-154 - False Information on Property Affidavit.

Section 15-13-154
False information on property affidavit.
Any person or owner of property who willfully or intentionally provides false information on a property affidavit, as set out in Section 15-13-152, and the information was material in the determination by the person having the authority to approve the bail, and the person relied upon the information to make a determination of sufficiency of the bail and a defendant was released on the bail, then the person or owner of property shall be guilty of a Class A misdemeanor and if convicted be sentenced according to the law.
(Acts 1993, No. 93-677, p. 1259, §55.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety. › Section 15-13-155 - Property Owners as Surety - Limited.

Section 15-13-155
Property owners as surety - Limited.
A property owner shall not execute or become surety for more than four different persons in any one year, other than immediate family members, unless the property owner qualifies and meets the requirements set out in this article for professional surety or professional bail companies. A property owner who becomes surety on bail in accordance with this article may not charge a fee or receive anything of value as a consideration thereof.
(Acts 1993, No. 93-677, p. 1259, §56.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety. › Section 15-13-156 - Filing of Lien in Default Cases - Release.

Section 15-13-156
Filing of lien in default cases - Release.
(a) Clerks of all courts of the state and its subdivisions may file the "lien and affidavit" form in the probate court of the county where the property is located immediately after a final forfeiture is ordered by any court of the State of Alabama or its subdivisions. The probate court shall file and record it in its real property recordings and there shall be no charge to the city or state assessed or collected.
(b) In all final forfeiture cases of property bail, where the judgment has been satisfied by the sureties or the court has set aside the final forfeiture and the sureties liability has been discharged by law, the clerk of the court shall see that any "lien and affidavit" form previously filed is so cancelled. The clerk may cancel it by issuing a cancellation of the lien. The cancellation shall be in writing and filed and recorded by the judge of probate of the county where the property is located. The probate court shall not charge a filing or recording fee to the city or state.
(c) The cancellation shall be sufficient if the following language is substantially used:
I, the clerk of the _____ court of _____ (city) _____ County of the State of Alabama hereby cancel the lien so filed on _____ (date) and declare the same to be satisfied by payment of the same or by operation of law.
(Acts 1993, No. 93-677, p. 1259, §57.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety. › Section 15-13-157 - Collection - Property Bail Forfeitures.

Section 15-13-157
Collection - Property bail forfeitures.
The clerks of all courts of the State of Alabama and its subdivisions shall make every effort to collect forfeitures. All clerks may issue executions, as ordered by the courts, to the sheriff of the county where the court is located for the sheriff to execute on properties belonging to the sureties. The issuance of executions shall be as prescribed by laws of this state.
(Acts 1993, No. 93-677, p. 1259, §58.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 9 - Cash Bail. › Section 15-13-158 - Cash Bail: Deposit With Clerk.

Section 15-13-158
Cash bail: Deposit with clerk.
At any time after an order admitting a defendant to bail, the defendant or another person may deposit with the clerk of the court in which the defendant is held to answer, or the court's designee, the sum mentioned in the order in cash. A receipt of the moneys issued by the clerk or the court's designee shall be provided to the person posting the cash bail. A release shall be issued for the defendant and the defendant shall be discharged from custody.
(Acts 1993, No. 93-677, p. 1259, §59.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 10 - Qualification and Regulation. › Section 15-13-161 - Filing Original Documents - Circuit Clerk.

Section 15-13-161
Filing original documents - Circuit clerk.
Professional surety and professional bail companies shall file all corporate surety bonds, escrow agreements and other original documents required pursuant to Division 10 with the circuit clerk of the county where the professional surety or bail company desires and intends to become surety on appearance bonds, and such bonds, escrow agreements, and other documents shall be approved by the presiding circuit judge as being sufficient. Any surety bonds, escrow agreements, and other documents pertaining or attached thereto shall be originals only. After the documents are approved, the circuit clerk shall take custody of the originals and file them for safekeeping. Such documents are public records.
(Acts 1993, No. 93-677, p. 1259, §62.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 10 - Qualification and Regulation. › Section 15-13-162 - Surety Bond and Escrow Agreements - Forms.

Section 15-13-162
Surety bond and escrow agreements - Forms.
All corporate surety bonds and escrow agreements shall contain essentially the language set out in forms provided and approved by the Alabama Supreme Court. Corporate surety bonds presented shall have an original qualifying power of attorney from the company attached thereto and a certificate of authority or certificate of compliance from the Department of Insurance reflecting that the corporate surety company is qualified to execute surety bonds in Alabama.
(Acts 1993, No. 93-677, p. 1259, §63.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 10 - Qualification and Regulation. › Section 15-13-163 - Revocation by Circuit Judges.

Section 15-13-163
Revocation by circuit judges.
The presiding judge of the circuit court may, and on verified motion of the prosecutor shall, subpoena the representatives of the professional surety company or professional bail company or other persons for examination under oath concerning matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant books, tax returns, and financial data. Authority to act as a professional surety company or a professional bail company may be revoked or withheld by the court for violation of this chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully all relevant questions asked by the court, or in the event the professional surety company or professional bail company has outstanding and unpaid final forfeitures anywhere, or in any court in the State of Alabama. As used herein, outstanding unpaid final forfeitures shall be those in which a final order of forfeiture has been entered by the court and 30 days have elapsed since the date of the final judgment; provided, however, that those companies have no petitions, appeals, or other matters of litigation pending of which the court has knowledge.
(Acts 1993, No. 93-677, p. 1259, §64.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 6 - Alabama Bail Reform Act of 1993. › Division 11 - Miscellaneous. › Section 15-13-164 - Misrepresentation as Surety.

Section 15-13-164
Misrepresentation as surety.
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 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.
(Acts 1993, No. 93-677, p. 1259, §65.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-201 - Definitions.

Section 15-13-201
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) BOARD. Alabama Professional Bail Bonding Board.
(2) PROFESSIONAL BAIL COMPANY. A person, individual proprietor, partnership corporation, or other entity, other than a professional surety company, that furnishes bail or becomes surety for a person on an appearance bond and does so for a valuable consideration.
(3) PROFESSIONAL BONDSMAN. Any individual or agent who is employed by a professional bail company or professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional bail company, including any individual who has a direct or indirect ownership interest in a professional bail company.
(4) PROFESSIONAL SURETY BONDSMAN. Any individual who is employed by a professional surety company to solicit and execute appearance bonds or actively seek bail bond business for or on behalf of a professional surety company, including any individual who has a direct or indirect ownership interest in a professional surety company.
(5) PROFESSIONAL SURETY COMPANY. An insurance company, domestic or foreign corporation, or association engaged in the business of insurance, or a surety with a bail line of insurance to which has been issued a certificate of authority or certificate of compliance by the Department of Insurance to execute appearance bonds or bail bonds in criminal cases in the state.
(6) RECOVERY AGENT. Any individual, other than an attorney or law enforcement officer, utilized by a professional surety company, professional bail company, or professional bondsman to apprehend a defendant who was released on bail and who violated the terms of his or her bail.
(Act 2019-409, §2; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-202 - License Requirements; Apprentice License.

Section 15-13-202
License requirements; apprentice license.
(a) An individual may not hold himself or herself out to the public as a professional bondsman or a professional surety bondsman, operate as a recovery agent, or use any term, title, or abbreviation that expresses, infers, or implies that the individual is licensed as a professional bondsman unless the individual at the time holds a valid license as a professional bondsman as provided in this article.
(b) All applicants shall pass an examination, unless exempted by this article, based on criteria established by the Alabama Professional Bail Bonding Board and established under Section 15-13-203 and shall comply with the continuing education requirements established by this article.
(c) The board may issue an apprentice license, which expires 120 days after issuance, to any applicant who satisfies all criteria for licensure except passing the examination. The board may require an applicant for licensure as an apprentice to sign an affidavit, on a form provided by the board, attesting that the applicant has no felony convictions. The board, by rule, may also provide an age exception to allow any applicant who is 19 or 20 years of age to work as an apprentice until he or she reaches the age of 21 years. The board may charge a fee, not exceeding fifty dollars ($50), for an apprentice license.
(Act 2019-409, §3; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-203 - Alabama Professional Bail Bonding Board - Creation; Composition; Adoption and Enforcement of Rules; Compensation.

Section 15-13-203
Alabama Professional Bail Bonding Board - Creation; composition; adoption and enforcement of rules; compensation.
(a) The Alabama Professional Bail Bonding Board is created to administer and enforce this article. The board shall consist of all of the following members:
(1) Seven professional bondsmen, one from each of the seven congressional districts of the state, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of not more than four nominees for each position on the board. For the initial terms of office, the President of the Alabama Bail Bond Association shall be the professional bondsman member of the board who represents the congressional district in which he or she resides. Each professional bondsman member appointed to the board shall be the owner of a professional bail bond company with at least five years of experience. Except as otherwise provided, no two professional bondsman members shall reside in the same congressional district. If no professional bondsman is available for nomination by the Alabama Bail Bond Association for a congressional district, the Alabama Bail Bond Association shall provide a list of four professional bondsman nominees from the state at large to the Governor for that congressional district, and the Governor shall appoint one of those nominees to fill that position on the board.
(2) One serving circuit, district, or municipal court judge, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.
(3) One serving circuit or municipal court clerk, nominated by the Alabama Bail Bond Association and appointed by the Governor from a list of four nominees.
(b) The appointments to the board shall be for terms of four years. The nominating and appointing authorities shall coordinate their nominations and appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state. Vacancies shall be filled by appointment of the Governor for the unexpired portion of the term.
(c) The board, pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, shall adopt and enforce reasonable rules as the board determines necessary to effectively and efficiently carry out its official duty of licensing and regulating professional bail bond companies and professional bondsmen.
(d) Each member of the board shall receive travel and per diem compensation for expenses incurred in the conduct of official duties while attending meetings and transacting the business of the board, in accordance with applicable state travel and per diem paid to state employees. The compensation of members shall be paid from funds available to the board in the same manner as other expenses are paid.
(Act 2019-409, §4; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-204 - Alabama Professional Bail Bonding Board - Liability.

Section 15-13-204
Alabama Professional Bail Bonding Board - Liability.
(a) Pursuant to Section 36-1-12, the members and employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this article.
(b) Board members and employees shall be defended by the Attorney General in regard to any criminal or civil litigation filed against them based on the performance of their official duties under this article.
(Act 2019-409, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-205 - Alabama Professional Bail Bonding Board - President and Vice President.

Section 15-13-205
Alabama Professional Bail Bonding Board - President and vice president.
At the initial meeting of the board and each time a new member is appointed to the board, the members of the board shall select from among their members a president to preside over meetings of the board, a vice president to preside in the absence of the president, and a secretary.
(Act 2019-409, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-206 - Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund.

Section 15-13-206
Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund.
(a) There is created in the State Treasury for the use of the Alabama Professional Bail Bonding Board a fund to be known as the Alabama Bail Bond Board Fund.
(b) All application, apprentice, and license fees, penalties, fines, late fees, and any other fees or funds collected by the board under this article are to be deposited in this fund and used only to carry out the operations of the board.
(c) For the purpose of carrying out the objectives of this article and for the exercise of the powers granted in this article, the board may direct the disbursement of the funds from the Alabama Bail Bond Board Fund necessary to cover reasonable and necessary operating costs and board member compensation and expenses as provided by this article, which shall be paid on warrant of the Comptroller upon certificate or voucher of the secretary of the board, approved by the president or vice president of the board. Funds may not be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41.
(Act 2019-409, §7; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-207 - Alabama Professional Bail Bonding Board - Rulemaking Authority; Canons of Ethics and Professional Standards; Personnel.

Section 15-13-207
Alabama Professional Bail Bonding Board - Rulemaking authority; canons of ethics and professional standards; personnel.
(a) The board may adopt rules necessary to implement this article and accomplish its objectives subject to the Alabama Administrative Procedure Act.
(b) The board may adopt and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.
(c) The board may hire personnel necessary or as advisable to carry out the purposes of this article.
(d) The Attorney General shall provide legal services to the board and its employees in connection with official duties and actions of the board or the board may employ legal counsel, when deemed necessary by the board, whose compensation shall be fixed by the board and paid in the same manner as the per diem and expenses of the board members are paid.
(Act 2019-409, §8; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-208 - Alabama Professional Bail Bonding Board - Meetings; Quorum.

Section 15-13-208
Alabama Professional Bail Bonding Board - Meetings; quorum.
(a) The board shall establish regular and special meetings for the purpose of transacting its business as provided by rules adopted by the board. Notice of board meetings shall comply with the Alabama Open Meetings Act.
(b) A majority of the board shall constitute a quorum at any meeting of the board.
(Act 2019-409, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-209 - Licensing Violations.

Section 15-13-209
Licensing violations.
(a) Except as otherwise provided in this article, it shall be unlawful for any individual to act as a professional bondsman or recovery agent, or transact business as either, without first obtaining a license from the board, but a professional surety bondsman shall obtain a license from the Department of Insurance and shall comply with all licensing requirements issued by the Department of Insurance.
(b) Any individual who willfully violates subsection (a) or any other provision of this article, or a rule adopted or order issued by the board pursuant to this article, upon conviction, shall be guilty of a Class D felony.
(c) Each individual licensed in accordance with this article shall designate to the board a physical address where his or her records are to be kept.
(Act 2019-409, §10; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-210 - Application for Licensure.

Section 15-13-210
Application for licensure.
(a) An application and all information on an application for licensure pursuant to this article shall be treated as confidential and shall be filed with the board on forms prescribed by the board. The application shall include all of the following information of the applicant:
(1) His or her full name.
(2) His or her date of birth.
(3) All residences during the immediate past five years.
(4) All employment or occupations engaged in during the immediate past five years.
(5) A list of convictions and pending charges involving a felony or misdemeanor in any jurisdiction.
(b) On or before September 1 each year, the board shall send an email reminder to each licensee stating that the last day for submitting an application for a license renewal is September 30 of that year.
(Act 2019-409, §11; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-211 - Licensure Requirements.

Section 15-13-211
Licensure requirements.
Each individual applicant shall meet all of the following criteria, demonstrating that he or she:
(1) Is at least 21 years of age.
(2) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.
(3) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.
(4) Has not been convicted of a felony.
(5) Has successfully completed pre-licensure education administered by an educational provider approved by the board.
(Act 2019-409, §12; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-212 - Denial of Licensure; Application for Reconsideration; Issuance and Display of License.

Section 15-13-212
Denial of licensure; application for reconsideration; issuance and display of license.
(a)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.
(2) The applicant may submit an application for reconsideration to the board within 30 days from the date of receipt of the denial.
(b) The board shall issue a license to all licensees that shall be at least 8" x 10" in size and shall be displayed on a wall of the workplace of the licensee. This license shall be deemed property of the state and subject to forfeiture to the state upon revocation.
(c) All licenses issued or renewed under this article shall be valid for a period from the date of issuance until October 31.
(Act 2019-409, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-213 - Identification Card.

Section 15-13-213
Identification card.
(a) The board shall issue to every bondsman licensee an identification card, which shall be issued in credit card size, be permanently laminated, and contain the following information of the licensee:
(1) Name.
(2) Photograph.
(3) Bondsman's license number.
(4) Expiration date of license.
(b) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
(Act 2019-409, §14.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-214 - Civil Penalty for False Statements to Board.

Section 15-13-214
Civil penalty for false statements to board.
Making a false statement to the board shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee as provided in Section 15-13-217.
(Act 2019-409, §15; Act 2021-499, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-215 - Suspension, Revocation, etc., of License; Renewal of Suspended License.

Section 15-13-215
Suspension, revocation, etc., of license; renewal of suspended license.
(a) The board may suspend, revoke, or refuse to issue or renew any license issued by it upon finding that the holder or applicant has committed any of the following acts:
(1) A violation of this article or any rule adopted pursuant to this article.
(2) Fraud, deceit, or misrepresentation regarding an application or license.
(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.
(4) A conviction by a court of competent jurisdiction of a felony.
(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the individual for the license.
(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.
(b) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.
(Act 2019-409, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-216 - Application of Administrative Procedure Act.

Section 15-13-216
Application of Administrative Procedure Act.
The Administrative Procedure Act shall govern all matters and procedures respecting the hearing and judicial overview of any contested case.
(Act 2019-409, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-218 - Effect of Criminal or Civil Actions Under Article.

Section 15-13-218
Effect of criminal or civil actions under article.
No criminal or civil action taken under this article precludes a prosecution or action under any other law of this state.
(Act 2019-409, §20.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 13 - Bail. › Article 8 - Alabama Bail Bond Regulatory Act. › Section 15-13-219 - Sunset Provisions.

Section 15-13-219
Sunset provisions.
The board shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2023, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2019-409, §21.)