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HB 60

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

2026 Regular Session Introduced by Ontario Tillman

HB 60 ensures criminal and civil cases are paused if a party, attorney, or witness is on active military duty, protecting their rights in legal proceedings.

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Bill Summary · HB 60

Summary of HB 60: Criminal and Civil Procedure for Active Military Duty

Bill Number: HB 60
Introduced By: Representative Tillman
Introduced On: November 13, 2025
Status: Read for the first time and referred to the House Committee on Judiciary
Effective Date: October 1, 2026

Purpose and Intent

HB 60 aims to provide specific provisions for the continuance of criminal and civil cases when a party, their leading attorney, or a witness is on active military duty. The bill seeks to ensure that individuals serving in the National Guard or Armed Forces are not disadvantaged in legal proceedings due to their service commitments.

Key Provisions

Continuance of Cases

  • Criminal Cases: A court must continue a criminal case if:

    • A party or their leading attorney is absent due to active military duty.
    • If the leading attorney is absent, the client must affirm that they cannot safely proceed to trial without their attorney.
    • The case may proceed if either the party or attorney announces readiness for trial despite the absence.

  • Civil Cases: Similar provisions apply to civil cases, requiring a continuance if:

    • A party or their leading attorney is absent due to active military duty.
    • The same oath requirement applies for clients in the absence of their attorney.

Witness Availability

  • In both criminal and civil cases, a continuance may also be granted if:
    • A witness is unavailable due to active military duty.
    • The witness is deemed material and necessary for the case.
    • The witness is located outside of the state.
    • A request for the witness's testimony has been submitted to the appropriate military authority.

Bail Requirements

  • In criminal cases where a continuance is granted, the court must set bail upon the defendant's application, with exceptions:
    • Bail may not be set for defendants accused of violent offenses or capital offenses.

Rule Amendments

  • The Alabama Supreme Court is mandated to amend its rules to align with the requirements established by this bill.

Impact

This legislation is expected to:
- Protect the rights of military personnel involved in legal proceedings.
- Ensure that cases are not unfairly expedited or compromised due to the absence of key individuals serving in the military.
- Provide clarity on bail procedures in cases affected by military service.

Procedural Aspects

  • The bill was filed on November 13, 2025, and is currently pending action in the House Judiciary Committee.
  • If passed, the provisions of this bill will take effect on October 1, 2026.

This summary provides an overview of HB 60, highlighting its intent, key provisions, and potential impacts on the legal process for individuals serving in the military.

Compiled from official sources — confirm details with the bill’s official record.

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