Aniah’s Law is codified at Alabama Code Section 15-13-3, with its constitutional foundation in Section 16 of the Alabama Constitution. Together they let an Alabama judge deny pretrial bail to a defendant charged with one of thirteen listed violent offenses, but only if the prosecutor proves by clear and convincing evidence that no combination of release conditions can reasonably protect the public or ensure the defendant returns to court.1Alabama Legislature. Alabama Code Title 15 Criminal Procedure 15-13-3 Before the 2022 amendment, judges could only deny bail in capital cases.
The Two Places the Law Lives
The constitutional piece sits in Section 16 of the Alabama Constitution. It originally guaranteed bail to every person before conviction except in capital cases. The amendment ratified on November 8, 2022 expanded that exception to cover thirteen categories of violent crime, with over one million yes votes to roughly 248,000 no votes.2Alabama Governor’s Office. Post-Election Proclamation – Statewide Constitutional Amendments
The mechanics live in Alabama Code Section 15-13-3. That statute spells out the hearing procedures, the evidentiary standard, and the factors a judge must weigh before ordering someone held without bond.1Alabama Legislature. Alabama Code Title 15 Criminal Procedure 15-13-3 The law is named for Aniah Blanchard, a 19-year-old college student killed in October 2019 by a defendant who was out on bond for other violent charges at the time.
Offenses That Qualify for Bail Denial
A judge can only consider denying bail if the charged offense appears on the list built into the amendment. Every one of these is a first-degree crime or carries a comparably severe classification:
- 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
- Burglary in the first degree
- Arson in the first degree
- Robbery in the first degree
- Terrorism, when the underlying offense is a Class A felony other than murder
- Aggravated child abuse of a child under age six
Lower degrees of these same crimes do not qualify. Someone charged with second-degree robbery or second-degree domestic violence retains a constitutional right to bail.3Secretary of State of Alabama. Ballot Statement for Statewide Amendment 1 – November 8, 2022 General Election
What the Prosecutor Has to Prove
Being charged with a qualifying offense does not automatically mean no bail. The prosecutor has to request detention and carry the burden at a hearing.
First, the state must show either a grand jury indictment or probable cause that the defendant committed the offense. Then comes the harder step: proving by clear and convincing evidence that no condition or combination of conditions can reasonably ensure both the defendant’s appearance in court and the safety of the community.1Alabama Legislature. Alabama Code Title 15 Criminal Procedure 15-13-3
Clear and convincing evidence sits well above the preponderance standard used in ordinary civil cases. It falls below the beyond-a-reasonable-doubt threshold required for conviction. In practice it means the judge must be firmly convinced, not merely persuaded that detention is more likely appropriate than not.
What the Judge Must Do
The statute does not let a judge point to the charge alone and stop there. The court weighs the seriousness of the offense, the strength of the evidence, the defendant’s criminal history, and any past failures to appear. The ruling has to include specific findings on the record explaining why no set of release conditions would be adequate.
If the prosecution falls short of clear and convincing evidence, the judge can still impose restrictive conditions rather than choosing between unconditional release and full detention. Electronic monitoring, no-contact orders, and house arrest are all available. For sex offenses, Alabama Code Section 15-20A-20 separately authorizes courts to require GPS monitoring as a condition of pretrial release.
Defendant’s Rights at the Hearing
A defendant facing a detention hearing has the right to counsel, and one must be appointed before the hearing proceeds if the defendant cannot afford a lawyer. The defendant can cross-examine the prosecution’s witnesses, present counter-evidence, and call witnesses.
These procedural rights carry weight because the consequences of pretrial detention are severe. Detained defendants face higher conviction rates and longer sentences on average, in large part because they accept plea deals at higher rates than defendants who fight their cases from outside jail.
Appealing a Bail Denial
A defendant denied bail can appeal to the Alabama Court of Criminal Appeals. If the reviewing court finds the evidence insufficient, or finds that the trial judge failed to make the required findings on the record, the denial can be overturned or sent back for a new hearing.
Habeas corpus is also available. Alabama’s habeas corpus provisions in Title 15, Chapter 21 of the Alabama Code require the writ to be granted without delay when someone is unlawfully held, which can include detentions where the bail hearing was untimely or otherwise defective.4Justia. Alabama Code Title 15 Chapter 21 – Habeas Corpus
Proposed May 2026 Expansion
The Alabama Legislature has already moved to lengthen the qualifying-offense list. Statewide Amendment 1, proposed by Act No. 2025-227, goes to voters on May 19, 2026. If approved, judges could also deny bail in cases involving:
- Solicitation, attempt, or conspiracy to commit murder
- Shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, vehicle, aircraft, or watercraft, as defined in Alabama Code Section 13A-11-61(b)
Supporters describe the proposal as closing gaps left by the original list: someone who hires a hit or fires into an occupied home currently falls outside Aniah’s Law.5Secretary of State of Alabama. Statewide Amendment 1 – May 2026 Ballot Statement
How Aniah’s Law Fits with the Rest of Alabama’s Bail System
Aniah’s Law did not replace the traditional bail framework. For most criminal charges in Alabama, bail remains a constitutional right, and the existing provisions in Title 15, Chapter 13 of the Alabama Code continue to govern. Section 15-13-3 sits on top of that framework as a defined exception for the enumerated violent offenses.
Other constitutional protections continue to apply even when bail is denied. That includes the right to appointed counsel, the right to a speedy trial, and the right to appellate review. Speedy trial matters especially in bail-denial cases: the defendant is in jail while waiting, and unreasonable delays can raise their own constitutional problems separate from whether the initial denial was proper.