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AlabamaHB602026 Regular SessionHouse

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

Sponsored By: Ontario Tillman (Democratic)

Enacted

Courts & Judges

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Defendants get bail after military-related delays

Beginning October 1, 2026, defendants can apply for bail after the prosecution receives a delay under the military-duty rules. Alabama courts must set bail for eligible defendants who apply. Courts may, but need not, set bail for violent offenses, sex offenses, or cases where bail was previously revoked or denied. This requirement does not cover capital offenses. The law does not set a bail amount or guarantee release.

Military duty protects civil trial participation

Beginning October 1, 2026, Alabama courts must delay civil trials for good cause when active military duty keeps a party or lawyer away. This covers National Guard and other Armed Forces duty. Courts may deny a delay after recording that it seriously harms another party, unduly burdens court operations, or reasonable alternatives protect the absent service member’s rights. A case may proceed if the party without their lawyer, or lawyer without their client, announces readiness for trial. Courts must also delay cases for unavailable military witnesses whose testimony is material and necessary. The requester must first seek testimony from the proper military authority under federal law, 5 U.S.C. § 301. The witness-delay rule also requires that Alabama Code Section 12-21-135.1 is not satisfied. These delays protect military participation but can make other parties wait longer.

Military duty requires criminal trial delays

Beginning October 1, 2026, Alabama courts must grant requested criminal trial delays for certain absences caused by active military duty. This covers the defendant, defense lawyer, prosecutor, victim, or victim’s representative when the victim is unavailable. The person requesting the delay must swear under oath that military duty caused the absence. Courts must also delay cases for unavailable witnesses whose testimony is material and necessary. The requester must first seek testimony from the proper military authority under federal law, 5 U.S.C. § 301. The witness-delay rule also requires that Alabama Code Section 12-21-135.1 is not satisfied. These protections cover National Guard and other Armed Forces duty, including cases with judges appointed under Alabama’s Speedy Trial Act. They protect participation but delay proceedings for others. The law also directs Alabama’s Supreme Court to update its rules to match the act.

Sponsors & Cosponsors

Sponsor

  • Ontario Tillman

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 340 • No: 0

Senate vote • 4/9/2026

Motion to Read a Third Time and Pass - Adopted Roll Call 1323

Yes: 29 • No: 0

House vote • 3/10/2026

Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 849

Yes: 105 • No: 0

House vote • 3/10/2026

Third Reading in House of Origin

Yes: 103 • No: 0

House vote • 3/10/2026

Motion to Adopt - Adopted Roll Call 848

Yes: 103 • No: 0

Actions Timeline

  1. Enacted

    4/17/2026House

  2. Motion to Read a Third Time and Pass - Adopted Roll Call 1323

    4/9/2026Senate

  3. Ready to Enroll

    4/9/2026House

  4. Enrolled

    4/9/2026House

  5. Signature Requested

    4/9/2026Senate

  6. Delivered to Governor

    4/9/2026House

  7. Read for the Second Time and placed on the Calendar

    3/19/2026Senate

  8. Reported Out of Committee Second House

    3/18/2026Senate

  9. Read for the first time and referred to the Senate Committee on Judiciary

    3/11/2026Senate

  10. Pending Committee Action in Second House

    3/11/2026Senate

  11. Third Reading in House of Origin

    3/10/2026House

  12. Judiciary 1st Substitute Offered

    3/10/2026House

  13. Motion to Adopt - Adopted Roll Call 848

    3/10/2026House

  14. Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 849

    3/10/2026House

  15. Engrossed

    3/10/2026House

  16. Judiciary 1st Substitute

    1/14/2026House

  17. Reported Out of Committee House of Origin

    1/14/2026House

  18. Read for the Second Time and placed on the Calendar

    1/14/2026House

  19. Read for the first time and referred to the House Committee on Judiciary

    1/13/2026House

  20. Pending Committee Action in House of Origin

    1/13/2026House

Bill Text

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