Rep. Chris England, D-Tuscaloosa, looks over to a colleague while standing on the floor of the Alabama House of Representatives on Feb. 12, 2025 in the Alabama Statehouse in Montgomery, Alabama. He introduced a bill that would reform the bail system by giving a judge the authority to have a defendant pay a percentage bond. (Brian Lyman/Alabama Reflector)
An Alabama House Committee is considering a bill that would allow people to pay a percentage of the bail they owe to be released ahead of a trial.
The House Judiciary Committee held a public hearing Wednesday for HB 42, sponsored by Rep. Chris England, D-Tuscaloosa. Under the measure, a judge could permit a defendant, or someone else on the defendant’s behalf, to pay an amount that is less than the total established by statute when ordering cash bail.
“What that essentially does, it affords a defendant an opportunity to get out and pay cash directly to the court,” England said.
The committee did not vote on the bill, pausing a vote on the legislation until at least next week so that members can consider what was said during the hearing.
England prefiled the legislation in the fall. He introduced the same bill during the legislative session last year, which was approved by the Alabama House of Representatives but stalled in the Senate and was not approved before the session concluded.
The bill leaves much of the law, the Alabama Bail Reform Act of 1993, intact.
As things stand, people can pay the preset amount, depending on the charge, to be released from custody. The money is then deposited into an account where it remains until the end of the court proceedings. It is then returned to the individual at the trial’s conclusion.
For people unable to pay the full amount, they can call a bail bond company who will then charge the defendant a premium, oftentimes 10%, to be released from jail. The bond company then takes responsibility for ensuring the individual appears for their court appearances.
HB 42 would also allow the court to keep the money if the defendant fails to appear for court.
Victor Howard, who owns a bail bond company in Madison County, spoke against the bill.
“We are going to have the exact opposite of accountability than people appearing for court,” he said. “If they do miss (court) and they are out on a percentage bond, a warrant would be issued. They would be put on a case administrative docket, and that would be it.”
England responded to Howard, saying his concerns were mostly for his own business.
“Bottom line, you want full bonds because I got to go to a bondsman versus being able to pay a percentage to the court,” he said.