Senate Committee advances bill to reform how preliminary hearings are held in Alabama

March 11, 2026 – The Alabama Senate Judiciary Committee advanced legislation to reform Alabama's pretrial detention and preliminary hearing procedures.

House Bill 228 (HB228) is sponsored by state Representative Jim Hill (R-Odenville). Hill is the chairman of the House Judiciary Committee.

Aniah's Law is a constitutional amendment in Alabama that gives judges the authority to deny bail for a defined list of violent offenses when prosecutors can show that no release conditions would reasonably protect the public or ensure the defendant's appearance in court. Alabama voters approved the amendment in 2022 after the killing of Aniah Blanchard, a 19‑year‑old college student whose accused killer had been out on bond for prior violent crimes. The law represents a major shift from Alabama's long‑standing rule that bail must be granted in nearly all non‑capital cases.

The law applies to a specific list of serious offenses, including 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 the amendment, prosecutors may request a pretrial detention hearing.

Rep. Hill's bill would allow the Aniah's law hearing to also function as the preliminary hearing.

"If there is an Anaiah's law hearing that settles the need for a preliminary hearing," said Rep. Hill.

Senator Rodger Smitherman (D-Birmingham) said getting "forensics can take months."

Smitherman said that the "Forensic information could actually get a case dismissed, but if we don't get it at a preliminary hearing."

"Put a couple hundred millions in forensics and maybe we can get it faster," replied Hill.

"The question I pose is how will the defendant be able to get discovery which is provided in the preliminary hearing so they can have an opportunity to know what is against them?" asked Smitherman.

Hill said, "A preliminary hearing is a probable cause hearing it is not necessarily an evidentiary hearing."

"The charges can be dismissed by the judge at the preliminary hearing," said Smitherman. "We are talking about months of evidence. I see a problem for defendants."

Senator Will Barfoot (R-Pike Road) said, "I have got a potential fix for that."

Barfoot asked that Hill and Smitherman meet with him about his proposal before the bill comes to the floor of the Senate.

Both agreed.

"I have had defense attorneys come with DNA evidence and I have granted them a hearing," said Hill (a retired judge). "I think we ought to trust our judges to do the right thing."

Smitherman agreed, "I believe that judges ought to have discretion. I know they are going to do a good job."

"Bond hearings are usually set before the preliminary hearing," said Smitherman. "We are taking away a constitutional right to get this information."

"You can't prepare if you don't get the stuff," said Smitherman.

Hill repliced, "You (defense attorneys) will get the information prior to the case coming to trial."

HB228 is a major 2026 rewrite of Alabama's pretrial detention and preliminary hearing procedures, tightening timelines, expanding when bail can be denied, and allowing a pretrial detention hearing to satisfy a defendant's right to a preliminary hearing. The bill requires courts to hold a detention hearing within 10 days of arrest for certain serious offenses, with only limited continuances-up to five days for the defense and three days for the prosecution, plus a possible 21‑day extension for good cause. It also mandates that all hearings be recorded, that judges issue written findings when denying bail, and that defendants gain a clear appeal path to the Alabama Court of Criminal Appeals.

The legislation expands the circumstances under which bail may be denied. After a detention hearing, judges may hold a defendant without bail for a list of serious offenses if prosecutors prove by clear and convincing evidence that no release conditions would reasonably ensure court appearance or protect public safety. HB228 also repeals Alabama's previous pretrial supervision statute and updates multiple sections of the state code to reflect the new structure. The act passed the Legislature and is scheduled to take effect May 15, 2026, reshaping how courts handle early‑stage felony cases and accelerating the timeline for key decisions in the pretrial process.

HB228 received a favorable report.

It has already passed the Alabama House of Representatives and is now in position to be considered by the full Alabama Senate.

(A.I. contributed to this report.)

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