Alabama HB60: Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

What the bill says

An Act, Relating to criminal and civil procedure; to provide requirements for a court to continue a case when certain parties to the case are absent due to service with the National Guard or Armed Forces of the United States; to provide requirements in criminal cases for bail to be set for a defendant when the state is granted such a continuance, with exceptions; and to require the Alabama Supreme Court to amend its rules accordingly.

From the enrolled text:

An Act, Relating to criminal and civil procedure; to provide requirements for a court to continue a case when certain parties to the case are absent due to service with the National Guard or Armed Forces of the United States; to provide requirements in criminal cases for bail to be set for a defendant when the state is granted such a continuance, with exceptions; and to require the Alabama Supreme Court to amend its rules accordingly. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a)(1) A court, upon motion, shall continue a criminal case when the defendant, the defendant's attorney, the victim, the vicitm's representative if the victim is unavailable, or the prosecutor is absent from court when the case is called for trial because he or she is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States. (2) The movant shall state under oath that the absence is due to service on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States. (b) A court shall continue a criminal case upon a showing by the prosecution or the defendant that a witness is unavailable because the witness is on …

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Sponsors

• Tillman, Ontario (D, HD-056) · primary sponsor

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