The Alabama Legislature on Thursday gave final passage to legislation that would create “Aniah’s Law.”
The legislation, sponsored by State Rep. Chip Brown (R-Mobile), would allow prosecutors and judges broader discretion in requesting and denying bail to those accused of committing violent crimes.
HB 131 is a constitutional amendment and will be up for a statewide referendum of the people in November 2022; HB 130, the enabling bill that would implement the provisions of HB 131, now heads to the governor’s desk.
The Constitution of Alabama currently requires that “all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not in any case be required.”
Brown’s legislation would amend the state constitution to allow judges to deny bail to individuals facing violent crime charges who would place the public at grave risk if released.
The proposed amendment is named after the late Aniah Blanchard, the 19-year-old college student who prosecutors allege was slain by Ibraheed Yazeed after he was released on bond for several violent offenses including kidnapping and attempted murder.
Yazeed, who is currently being held on capital murder charges, had been awarded bail despite more than a dozen priors, which included drug and robbery arrests.
“Too many of those who are accused of violent crimes are bonding out of jail and committing even more serious offenses, and it is time for law-abiding Alabamians to start fighting back,” Brown stated. “Denying bail to those accused of violent offenses is a commonsense answer to a dangerous societal problem, and following three years of hard work that was necessary to pass this amendment through the Legislature, I am confident the citizens of Alabama will vote to ratify it.”
Mobile Mayor Sandy Stimpson was a major proponent of Brown’s legislation as it worked its way through the legislative process.
“I’d like to commend Representative Chip Brown and Senator David Sessions for supporting us in the three-year effort to see this legislation passed,” Stimpson said on Thursday. “We thank the Blanchard family as well as the entire Alabama Legislature for recognizing the need for this legislation that directly impacts the safety of Alabama citizens. It is now in the hands of Alabamians to vote in favor of this constitutional amendment on the ballot next year. Once passed, this will help significantly in our efforts to close the revolving door and prevent violent offenders from being released to commit more violent acts like the senseless murder of Aniah Blanchard.”
The late Tuscaloosa police officer Dornell Cousette is another example of a prominent case that could have been prevented if Aniah’s Law was in effect. Cousette was killed in the line of duty in 2018 — allegedly murdered by a suspect who was free on bail for robbery and assault charges at the time.
Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn