The proposed amendment to Section 16 of the Constitution of Alabama of 2022 seeks to expand the list of offenses for which a judge may deny bail. The amendment adds provisions for denying bail for individuals charged with solicitation, attempt, or conspiracy to commit murder, as well as for shooting or discharging a firearm into an occupied dwelling or other occupied spaces. The current law allows for bail to be denied only for capital murder and murder, along with several other serious offenses. The amendment also removes the reference to aggravated child abuse as a reason for denying bail.

The amendment will be presented to voters during the statewide primary election in 2026, where they will have the opportunity to vote "Yes" or "No" on the proposed changes. If approved by a majority of qualified electors, the amendment will become part of the Constitution of Alabama of 2022. The bill emphasizes the importance of ensuring that excessive bail is not required in any case, maintaining a balance between public safety and the rights of individuals before conviction.

Statutes affected:
Introduced: 13A-5-40
Engrossed: 13A-5-40