HB 42 Endangers Lives and Defunds Sheriff’s Offices
The Alabama Bail Bond Association calls on Senate President Greg Reed and the Senate Judiciary Committee to halt House Bill 42 (HB 42), a reckless proposal by Rep. Chris England that imperils Alabama’s bail system, fuels rampant crime, and siphons millions from county jails and commissions. Having cleared the House and now under Senate review, HB 42 threatens to enshrine an illegal practice that undermines law enforcement and public safety, defying Alabama’s pledge to protect victims and uphold justice. The Alabama Bail Bond Association warns that HB 42 seeks to legitimize a widespread court practice of diverting cash bond funds—often partial payments—to court costs or fines when defendants fail to appear, sidestepping the mandatory forfeiture process (Code of Alabama § 15-13-136, Rule 7.6).
Rep. Chris England has openly declared HB 42’s aim to bolster court budgets, a move that would entrench this violation of Code of Alabama § 15-13-159, which mandates forfeited bond funds be distributed: 50% to county jail maintenance, 40% to county commissions, and 10% to district attorneys’ solicitor funds. This diversion robs county jails of vital resources, crippling public safety and local services. Alabama Administrative Office of Courts (AOC) data reveals a 43.4% failure-to-appear rate for cash bonds statewide in FY2023, with an even higher 52.76% failure-to-appear rate in Circuit 6 (Tuscaloosa, FY2023)—Rep. Chris England’s own district—compared to a 14.7% failure-to-appear rate for professional bail agents statewide, who apprehend criminals at no taxpayer cost (Jones v. City of Opelika, 1941).
HB 42’s permissive approach drives failures to appear, compelling our officers to risk their lives rearresting defendants, with law enforcement bearing 95% of cash bail enforcement costs, while professional bail agents apprehend defendants who fail to appear at no cost to taxpayers “HB 42 is a veiled attempt by Democrats to destroy Alabama’s bail system, as we’ve seen in other states where such reforms have unleashed surging crime and chaos, endangering lives and putting law enforcement in the crosshairs,” said Chris McNeil, president of the Alabama Bail Bond Association. “We have reached out to Attorney General Steve Marshall 2 / 2 to investigate this illegal practice and HB 42’s catastrophic risks.
In Rep. England’s own Tuscaloosa district, cash bonds fail over half the time, yet this bill would entrench a broken system, stripping sheriffs of resources. Alabama does not coddle criminals—we prioritize victims and law enforcement, and we urge the legislature not to let our streets become battlegrounds for ideological experiments that threaten our safety.”
Press Release