The bill establishes new requirements for courts in Alabama regarding the continuance of criminal and civil cases when parties are absent due to active duty in the National Guard or Armed Forces. Specifically, it mandates that a court must grant a continuance if the defendant, their attorney, the victim, or the prosecutor is unavailable due to military service. Additionally, it allows for the continuance of a case if a witness is unavailable for the same reason, provided that the witness is deemed material and necessary, and that a request for their testimony has been submitted to the appropriate military authority.

In terms of bail, the bill stipulates that if a continuance is granted in a criminal case, the court must set bail for the defendant unless the case involves a violent or sex offense, or if the defendant is charged with a capital offense. For civil cases, a continuance must also be granted for good cause if a party or their counsel is absent due to military service, unless it would significantly prejudice another party or burden the administration of justice. The bill requires the Alabama Supreme Court to amend its rules to align with these new provisions, and it is set to take effect on October 1, 2026.

Statutes affected:
Introduced: 12-25-32, 13A-5-40
Engrossed: 12-21-135, 12-25-32, 15-20A-5
Enrolled: 12-21-135, 12-25-32, 15-20A-5