By Attorney Raven Beach
Continued discussion surrounding the May 19 primary election is important. Let’s turn our attention to the two proposed Amendments to the Constitution of Alabama that will appear on the ballot statewide.
Statewide Amendment 1- Proposing an amendment to the Constitution of Alabama of 2022, to provide that the following offenses shall be offenses for which a judge may deny bail: shooting or discharging a firearm into an occupied dwelling or other occupied space in violation of Section 13A-11- 61(b), Code of Alabama 1975; or any solicitation, attempt, or conspiracy to commit murder. Proposed by Act 2025-227.
Act 2025227 was passed by the Legislature during the 2025 Regular session. Currently, a judge may deny bail to any person who has been charged with: capital murder, murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual torture, domestic violence in the first degree, human trafficking in the first degree, arson in the first degree, robbery in the first degree, terrorism, and aggravated child abuse. Bail is a set of restrictions imposed prior to trial, or a monetary payment to a court, that allows an accused person to be released from jail while awaiting trial. The purpose is to ensure that the accused appears in court and to maintain safety. Bail is not intended to act as punishment. If the accused person attends hearings, the money is returned. If a majority of voters vote “yes” on Amendment 1, the Alabama Constitution will be changed. Judges will have the option of denying bail under the additional circumstances.
Statewide Amendment 2- Proposing an amendment to the Constitution of Alabama 2022, to provide that the compensation of a district attorney may not be diminished during his or her term of office proposed by Act 2025-291. The purpose of this proposed Amendment is to prevent the legislature from reducing the salary paid to a district attorney once their term has begun. The term of office for a district attorney is six years. If the majority of voters vote “yes” on Amendment 2, the Alabama Constitution will be changed.
Know before you go!
Raven Perry-Beach, Esq.
107 Jefferson St.
Suite 14
Huntsville, AL 35801
(256) 799-0292
* Licensed in Alabama, Tennessee, Massachusetts, and DC