§ 15-6-24 — Requiring Security to Keep the Peace by Defendant; When Court Appearance Required; Form of Undertaking

Alabama § 15-6-24

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 6: Peace Proceedings and Proceedings to Preserve Order
• Art. 2: Proceedings Before Judges

Text

(a) If there is just reason to fear the commission of an offense, the defendant must be required to give security to keep the peace, in such sum as the circuit, district or municipal court judge may direct, towards all the people of this state, particularly the person against whom or whose property there is reason to fear the offense may be committed, for such time as the judge may direct, though not more than 12 nor less than six months; but the defendant must not be required to appear at any court unless he has actually committed an offense cognizable in such court.
(b) The undertaking to keep the peace may be, in substance, as follows:
“The State of Alabama,}
We (here insert the names of the defendant and his sureties), agree to pay to the
___________ County.}
State of Alabama $1,000.00 (or such sum as the judge directs) if the said (here insert name of the defendant) does not keep the peace for 12 months (or as the case may be) from this undertaking, towards all the citizens of this state, and particularly towards (here insert the name of the person against whom or whose property, there is reason to fear the commission of the offense).
Dated _____ day of _____, 20__.
(Signed) A.B.
C.D.
E.F.
Approved, L. M., (Circuit, District or Municipal) Judge.”

Legislative History

(Code 1852, §§414, 415; Code 1867, §§3963, 3964; Code 1876, §§4033, 4034; Code 1886, §§4687, 4688; Code 1896, §§5168, 5169; Code 1907, §§7527, 7528; Code 1923, §§5145, 5146; Code 1940, T. 15, §§408, 409.)