1 SB350
2 210407-1
3 By Senator Albritton
4 RFD: Finance and Taxation General Fund
5 First Read: 18-MAR-21
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1 210407-1:n:03/10/2021:KMS/ma LSA2021-480
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8 SYNOPSIS: Under existing law, a filing fee is assessed
9 on each bail bond executed by a defendant.
10 This bill would provide for the filing fee
11 to be assessed on each defendant, in lieu of each
12 bail bond executed; would allow filing fees to be
13 paid pursuant to a business check, money order, or
14 cash; and would allow a surety to pay the bail bond
15 posting fee simultaneously.
16 This bill would also make nonsubstantive,
17 technical revisions to update the existing code
18 language to current style.
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20 A BILL
21 TO BE ENTITLED
22 AN ACT
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24 To amend Section 12-19-311, Code of Alabama 1975,
25 relating to bail bond fees; to provide for the filing fee to
26 be assessed on each defendant, in lieu of each bail bond
27 executed; to provide for alternative methods of payment; to
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1 allow a surety to pay the bail bond posting fee
2 simultaneously; and to make nonsubstantive, technical
3 revisions to update the existing code language to current
4 style.
5 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
6 Section 1. Section 12-19-311 of the Code of Alabama
7 1975, is amended to read as follows:
8 "12-19-311.
9 "(a)(1) In addition to all other charges, costs,
10 taxes, or fees levied by law on bail bonds, additional fees as
11 detailed in paragraph a. and paragraph b. shall be imposed on
12 every bail bond in all courts of this state. The fee shall not
13 be assessed in traffic cases, except for those serious traffic
14 offenses enumerated in Article 9, commencing with Section
15 32-5A-190, of Chapter 5A, Title 32, Chapter 5A, Article 9.
16 Where multiple charges arise out of the same incident, the
17 bond fee pursuant to this section shall only be assessed on
18 one charge. For the purposes of this section, the term same
19 incident shall be defined as the same date, location, and
20 proximate time. Where the charge is negotiating a worthless
21 negotiable instrument, the fee shall not be assessed more than
22 three times annually per person charged. The fees shall be
23 assessed as follows:
24 "a. A filing fee in the amount of thirty-five
25 dollars ($35) on each bond executed defendant. A surety may
26 pay the bail bond posting fee simultaneously. Filing fees may
27 be paid using a business check, money order, or cash.
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1 "b. For a misdemeanor offense, a bail bond fee in
2 the amount of 3.5 percent of the total face value of the bail
3 bond or one hundred dollars ($100), whichever is greater, but
4 not to exceed four hundred fifty dollars ($450). For a felony
5 offense, a bail bond fee of 3.5 percent of the total face
6 value of the bail bond or one hundred fifty dollars ($150),
7 whichever is greater, but not to exceed seven hundred fifty
8 dollars ($750). Except that if If a person is released on a
9 judicial public bail, recognizance, or signature bond,
10 including a bond on electronic traffic and nontraffic
11 citations, the fee shall be affixed at twenty-five dollars
12 ($25). For purposes of this section paragraph, face value of
13 bond shall mean the bond amount set by court or other
14 authority at release, not the amount posted at release on
15 bail.
16 "(2) The filing fees assessed pursuant to paragraph
17 (a)(1)a. of subdivision (1) of subsection (a) are required
18 whether the release from confinement or admittance to bail is
19 based on cash, judicial public bail, personal recognizance, a
20 signature bond, including a bond on electronic traffic and
21 nontraffic citations for those serious traffic offenses
22 enumerated in Article 9, commencing with Section 32-5A-190, of
23 Chapter 5A, Title 32, Chapter 5A, Article 9, an appearance
24 bond, a secured appearance bond utilizing security, a bond
25 executed by a professional surety company, or a professional
26 bail company using professional bondsmen; provided, however
27 that no fee shall be assessed pursuant to paragraph (a)(1)a.
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1 of subdivision (1) of subsection (a) if a person is released
2 on judicial public bail or on personal recognizance for a
3 documented medical reason. The fee shall be assessed at the
4 issuance, reissuance, or reinstatement of the bond.
5 "(b) The filing fee in paragraph (a)(1)a. of
6 subdivision (1) of subsection (a) shall be collected by either
7 the official executing the bond or by the clerk of the court.
8 If the fee is collected by the official executing the bond, it
9 shall be collected at the execution of the bond or at the time
10 of release. If the fee is collected by the clerk of the court,
11 it shall be collected at the execution of the bond, at the
12 time of release, or within two business days of release. The
13 fee may be remitted via money order, electronic means, U.S.
14 mail United States Mail to the court clerk postmarked within
15 48 hours of release, or by any other method approved by the
16 sheriff. If the fee is collected by an official other than the
17 clerk of the court, the official shall remit the fee to the
18 clerk of the court, attached to the executed bond, within 30
19 days or upon adjudication or conviction of the underlying
20 offense, whichever occurs first; if the fee is not collected
21 by the official, the official shall provide documentation of
22 the nonpayment, attached to the executed bond, to the clerk of
23 the court within two business days. The clerk of the court may
24 accept the payment of the fee if the clerk has the executed
25 bond, together with proof of nonpayment and charging
26 instrument, in hand. This fee shall be paid by the bondsman,
27 surety, guaranty, or person signing as surety for the
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1 undertaking of bail. If the person is released on own
2 recognizance, judicial public bail, or non-custodial offense
3 pursuant to Rule 20 of the Alabama Rules of Judicial
4 Administration, the fee shall be assessed at the time of
5 adjudication or at the time that any other fees and costs are
6 assessed.
7 "(c) Upon the failure to pay the filing fee in
8 paragraph (a)(1)a. of subdivision (1) of subsection (a) and
9 upon a finding of contempt in subsection (d), the bondsman,
10 surety, guaranty, or individuals required to pay the fee shall
11 be punished by a fine of not less than five hundred dollars
12 ($500) in addition to the fee imposed in paragraph (a)(1)a. of
13 subdivision (1) of subsection (a). The fine shall not be
14 remitted, waived, or reduced unless the person(s) person fined
15 can show cause to the court that he or she cannot pay the fine
16 in the reasonably foreseeable future. In addition, upon a
17 finding of contempt, if the responsible party is a
18 professional surety company or a professional bail company or
19 otherwise operating as a bondsman under Alabama law, the
20 presiding judge may revoke the entity or individual's
21 authority to write or issue bonds pursuant to Section
22 15-13-159 or 15-13-160 until such time as the payment is
23 rendered in full.
24 "(d) If the filing fee in paragraph (a)(1)a. of
25 subdivision (1) of subsection (a) is not paid in full within
26 30 days, the clerk of the court shall provide notification of
27 the delinquency to the district attorney or prosecuting
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1 attorney on a monthly basis. Upon receipt of the certification
2 of delinquency or failure to pay from the court, the district
3 attorney or prosecuting attorney may take appropriate action
4 which may include, but shall not be limited to, contempt
5 proceedings. If contempt proceedings are initiated, the
6 district attorney or prosecuting attorney shall send notice by
7 U.S. United States Mail to the last known address of the
8 person charged with the crime, bondsman, surety, guaranty, or
9 person signing as surety for the undertaking of bail of the
10 failure to pay and provide them 10 days to remit payment in
11 full pursuant to this section. If the surety is the person
12 charged with the crime where the fee applies, the district
13 attorney or prosecuting attorney may file a petition for
14 contempt, and the court shall set the contempt hearing on the
15 person's next regularly scheduled court appearance. If the
16 surety is not the person charged with the crime, the district
17 attorney or prosecuting attorney may file a petition for
18 contempt with the court, which may, after hearing, find the
19 bondsman, surety, guaranty, or person signing as surety the
20 undertaking of bail in contempt. The municipal court clerk
21 shall provide a list to the prosecuting attorney and district
22 attorney every 60 days that shall include, but not be limited
23 to, the name of every person who has failed to pay the fee,
24 the municipal case number, and the name of the person signing
25 as surety for the undertaking bail. If the prosecuting
26 authority of the municipality does not initiate contempt
27 proceedings pursuant to this section within 30 days of
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1 receiving notice from the clerk of the court, the district
2 attorney with jurisdiction may file the contempt petition in
3 the municipal court. If the district attorney initiates
4 contempt proceedings in a municipal case and the person is
5 found in contempt, the fine shall be distributed as follows:
6 50% Fifty percent to the general fund of the municipality and
7 50% 50 percent to the district attorney Solicitor's Fund
8 solicitor's fund.
9 "(e)(1) The fee imposed on bail bonds under
10 paragraph (a)(1)b. of subdivision (1) of subsection (a) shall
11 be assessed to the defendant and be imposed by the court when
12 the defendant appears in court for adjudication or sentencing.
13 "(2) Notwithstanding (e)(1) subdivision (1), if the
14 bail bond has been secured by cash, the conditions of release
15 have been performed, and the defendant has been discharged
16 from all obligations of the bond, or if the cash bail bond is
17 forfeited, the clerk of the court shall, unless otherwise
18 ordered by the court, shall retain as the bail bond fee the
19 amount pursuant to paragraph (a)(1)b. of subdivision (1) of
20 subsection (a) and disburse the remainder as provided by law.
21 "(3) Notwithstanding (e)(1) subdivision (1), if the
22 property bail bond has been secured, the conditions of release
23 have been performed, and the defendant has been discharged or
24 released from all obligations of the bond, or if the property
25 bail bond is forfeited, then the bond shall be reduced to the
26 bail bond fee amount pursuant to paragraph (a)(1)b. of
27 subdivision (1) of subsection (a) and the property shall not
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1 be discharged or released by the court until the bail bond fee
2 pursuant to paragraph (a)(1)b. of subdivision (1) of
3 subsection (a) has been paid in full.
4 "(4) The fees shall be collected pursuant to
5 paragraph (a)(1)b. of subdivision (1) of subsection (a) by the
6 clerk of the court. The fees pursuant to this section shall
7 not be remitted, waived, or reduced unless the defendant
8 proves to the reasonable satisfaction of the sentencing judge
9 that the defendant is not capable of paying the same within
10 the reasonably foreseeable future. The fees pursuant to this
11 section shall not be remitted, waived, or reduced unless all
12 other costs, fees, and charges of court are remitted or
13 waived.
14 "(5) The fees shall not reduce or affect the funds
15 allocated to the office of the court clerk, the sheriff, the
16 municipality, the district attorney, or the Alabama Department
17 of Forensic Sciences under any local act or other funding
18 mechanism under the law. These funds shall be in addition to,
19 and not in lieu of, any funds currently available to the
20 office of the court clerk, sheriff, municipality, the district
21 attorney, and the Alabama Department of Forensic Sciences.
22 "(f) The court clerks shall distribute on a monthly
23 basis as other fees are distributed, the filing fees collected
24 pursuant to paragraph (a)(1)a. of subdivision (1) of
25 subsection (a) as follows: Ten percent from each fee shall be
26 distributed either to the county general fund to be earmarked
27 and distributed to the Sheriff's Fund sheriff's fund,
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1 administered by the sheriff, in the county where the bond was
2 executed or, where the bond is executed by the municipality,
3 to the municipality; 45 percent of the fee to the court
4 clerk's fund where the bond was executed or where the bond is
5 executed by the municipal court, to the municipality; 45
6 percent of the fee to the Solicitor's Fund solicitor's fund in
7 the county where the bond was executed. The bail bond fee
8 records shall be audited by the Department of Examiners of
9 Public Accounts.
10 "(g) The court clerks shall distribute on a monthly
11 basis as other fees are distributed, the fees collected
12 pursuant to paragraph (a)(1)b. of subdivision (1) of
13 subsection (a) as follows: Twenty-one dollars and fifty cents
14 ($21.50) from each fee shall be distributed to the county
15 general fund which shall be earmarked and distributed to the
16 Sheriff's Fund sheriff's fund, administered by the sheriff, in
17 the county where the bond was executed or, where the bond was
18 executed by a municipality, to the municipality; 40 percent of
19 the remainder of the fee to the court clerk's fund where the
20 bond was executed or where the bond is executed by the
21 municipal court, to the municipality; 45 percent of the
22 remainder of the fee to the Solicitor's Fund solicitor's fund
23 in the county where the bond was executed; five percent to the
24 State General Fund and ten 10 percent to the Alabama Forensic
25 Services Trust Fund. The bail bond fee records shall be
26 audited by the Department of Examiners of Public Accounts."
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1 Section 2. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
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Statutes affected:
Introduced: 12-19-311