Understanding upcoming ballot amendments
Oct. 19—Alabama Amendment 1- Allow denial of bail for offenses enumerated by State Legislature Amendment
Amendment 1 is to determine if House Bill 130 or Aniah's Law would become law. The bill would deny bail to individuals charged with the following offenses: murder, first-degree kidnapping, first-degree rape, first-degree sodomy, sexual torture, first-degree domestic violence, first-degree human trafficking, first-degree burglary, first-degree arson, first-degree robbery, terrorism, and aggravated child abuse.
Under this bill, individuals charged with one of the aforementioned charges could be denied bail "if the prosecuting attorney proves by clear and convincing evidence that no condition or combination of conditions of release will reasonably ensure the defendant's appearance in court or protect the safety of the community or any person."
The bill also states "Rules governing the admissibility of evidence would not apply in pretrial detention hearings and all evidence would be received and recorded by the court. The defendant's testimony would not be admissible in any other criminal proceeding against the defendant.
A judge would need to enter an order denying bail within 48 hours after the pretrial hearing. The judge would be required to make a written statement of facts and findings and a statement of the reason bail was denied."
Aniah's Law is in reference to Aniah Blanchard. Blanchard was reported missing in 2019 and found dead with a gunshot wound to the head. Ibraheem Yazeed was arrested and charged with kidnapping and murdering Blanchard. At the time of Blanchard's death, Yazeed had been charged with attempted murder, possession of marijuana, two counts of kidnapping, and two counts of robbery, but was released on $295,000 bond. Aniah's mother, Angela Hailey-Harris, said she would advocate for bail-system reform in Alabama.
House Bill 130 is a bipartisan bill that was passed unanimously by both the Alabama State Senate and Alabama House of representatives.
Alabama's Big 10 mayors (Auburn, Birmingham, Decatur, Dothan, Hoover, Huntsville, Madison, Mobile, Montgomery, and Tuscaloosa) also support the bill and said in a joint statement, "When the majority of Alabamians vote for Aniah's Law, our judges will be able to deny bail to dangerous offenders who are likely to reoffend when they are charged with serious felonies like murder, kidnapping, rape, sexual torture, domestic violence, human trafficking, burglary, arson, robbery, terrorism or aggravated child abuse. This change can keep criminals like the killers of Aniah Blanchard and Deputy Brad Johnson off the streets and out of our communities."
