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AL HB130

Bill

Status

Passed

4/15/2021

Primary Sponsor

Chip Brown

Click for details

Origin

House of Representatives

Regular Session 2021

AI Summary

HB130 Summary

  • Establishes "Aniah's Law" to expand offenses for which judges may deny bail after a pretrial detention hearing, including murder, kidnapping, rape, sexual torture, human trafficking, burglary, arson, robbery, terrorism, and aggravated child abuse.

  • Requires prosecutors to prove by clear and convincing evidence that no condition or combination of conditions will ensure defendant appearance in court or protect community safety before bail can be denied for the enumerated offenses.

  • Mandates courts hold pretrial detention hearings immediately upon defendant's first appearance unless continuance is requested, with defendant continuances limited to five days and prosecutor continuances to three days, excluding weekends and holidays.

  • Grants defendants at pretrial detention hearings the right to counsel, testify, present witnesses and evidence, and cross-examine witnesses, with judges having discretion over witness selection.

  • Specifies judges must make written findings or state findings of fact and reasons for denying bail within 48 hours of the hearing, and provides that defendant testimony at the hearing is inadmissible in subsequent proceedings except for perjury or impeachment.

Legislative Description

Bail, to provide for an additional offense under which an individual can be denied bail, pretrial detention hearing under certain circumstances provided, Secs. 15-13-2, 15-13-3, 15-13-7, 15-13-104, 15-13-105, 15-13-106 am'd.

Bail

Last Action

Forwarded to Governor on April 15, 2021 at 1:25 p.m. on April 15, 2021.

4/15/2021

Committee Referrals

Judiciary2/23/2021
Judiciary2/2/2021

Full Bill Text

No bill text available