2019 Code of Alabama
Title 15 - Criminal Procedure.
Chapter 13 - Bail.
Article 2 - Entry and Return.
Section 15-13-22 - Qualifications for bail; bond required for bondsmen; qualification when sufficiency of bail doubtful.
(a) Each person signing as surety an undertaking of bail must be:
- (1) A resident of this state; and
- (2) Worth, exclusive of property exempt from execution, the amount expressed in the undertaking;
(b) The court or magistrate in taking bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to do a bonding business in this state and authorized to execute the undertaking of bail, to execute such bail.
(c) Every person engaged in the business of making bail bonds and charging therefor, except corporations qualified to do a bonding business in this state, shall be required, in addition to all other requirements of this section, to furnish a bond with corporate surety in the amount of $25,000.00 ($10,000.00 in Cullman County), to be approved by the probate judge of each county in which such person engages in such business, conditioned to guarantee the payment of all sums of money that may become due the state or any political subdivision thereof by virtue of any judgment absolute being rendered against such person on a forfeiture of bail.
(d) Only one such bond set forth in subsection (c) of this section shall be required in each county where such person does business, and the liability of the surety company executing a bond under this section shall not exceed the face amount of such surety bond; provided, however, that the bond may be cancelled as to any future liability at any time by the surety's giving 30 days' written notice of such cancellation to the probate judge of the county in which the bond is filed.
(e) When there is a reasonable doubt as to the sufficiency of the bail, they may be required by the court or magistrate to answer fully on oath as to their qualifications.(Code 1852, §§696, 697; Code 1867, §§4247, 4248; Code 1876, §§4485, 4857; Code 1886, §§4421, 4424; Code 1896, §§4363, 4366; Code 1907, §§6343, 6346; Code 1923, §§3376, 3379; Code 1940, T. 15, §§201, 204; Acts 1949, No. 199, p. 230; Acts 1961, No. 946, p. 1521; Acts 1963, No. 124, p. 499; Acts 1966, Ex. Sess., No. 179, p. 212; Acts 1971, No. 1077, p. 1916; Acts 1971, No. 1230, p. 2138.)