Aniah’s Law is the Alabama constitutional amendment that lets judges deny bail to people charged with certain violent felonies. Before it passed, the state constitution gave almost every defendant a right to bail, except in some capital cases. Voters approved the change in November 2022 by a wide margin. Today, prosecutors can ask for a special detention hearing, and a judge decides whether a defendant stays in jail until trial. In this guide, you will learn which charges qualify, how the hearing works, and what changed in 2026. You will also see how the law compares to the old bail rules. It is general information, not legal advice.
| Quick Fact | Details |
|---|---|
| Official bill | HB 131 (Act 2021-201), sponsored by Rep. Chip Brown |
| Companion statute | HB 130 (2021), which set up the pretrial detention hearing |
| Ballot | Amendment 1, November 8, 2022 |
| Vote result | About 80.5% yes, 19.5% no |
| Who must prove it | The prosecutor, by clear and convincing evidence |
| 2026 expansion | Approved by about 81.6% of voters on May 19, 2026 |
| Named for | Aniah Blanchard, a 19-year-old college student killed in 2019 |
What Is Aniah’s Law?
Aniah’s Law is a 2022 change to Section 16 of the Alabama Constitution. It allows judges to hold people without bail when they face certain violent charges and pose a real danger or flight risk.
The Alabama Legislature passed HB 131 in April 2021. The Senate voted 30-0, and the House agreed 92-0. Because it changed the constitution, the measure skipped the governor and went straight to voters. Meanwhile, lawmakers passed HB 130, a companion bill that spelled out the hearing process. That bill took effect once voters ratified the amendment. By early December 2022, Alabama judges had started ruling on Aniah’s Law requests.
The law carries the name of Aniah Blanchard, a 19-year-old college student from the Auburn area who disappeared in October 2019. Prosecutors said the man charged in her death was out on bond for other violent charges at the time. Her parents spoke to lawmakers in support of the change.
Which Charges Qualify Under Aniah’s Law?
Aniah’s Law covers a specific list of serious felonies. A judge cannot deny bail under this law for charges that are not on the list.
The enrolled text of HB 131 lists these offenses:
- Capital murder and murder
- Kidnapping in the first degree
- Rape and sodomy in the first degree
- Sexual torture
- Domestic violence in the first degree
- Human trafficking in the first degree
- Burglary, arson, and robbery in the first degree
- Terrorism, when the underlying crime is a Class A felony other than murder
- Aggravated child abuse of a child under age six
In addition, voters added two more categories in May 2026. These cover solicitation, attempt, or conspiracy to commit murder. They also cover shooting into an occupied home, building, vehicle, aircraft, train car, or boat. Sen. Will Barfoot sponsored that expansion as SB 118, and lawmakers advanced it without a single no vote in 2025.
How an Aniah’s Law Hearing Works
An Aniah’s Law hearing is a court hearing where a judge decides whether to hold a defendant until trial. The prosecutor must ask for it, and the prosecutor carries the burden of proof.
Under Section 15-13-3 of the Code of Alabama, as amended, the process generally follows these steps:
- The prosecutor files a motion. A prosecuting attorney may ask for a pretrial detention hearing at any time.
- The defendant stays in custody. A person charged with a listed offense remains held until the hearing ends.
- The court holds the hearing quickly. The judge holds it at the defendant’s first appearance. The defense may get a delay of up to five days, and the state may get up to three days, not counting weekends and state holidays.
- Both sides present evidence. The defendant has a right to a lawyer, can testify, can call witnesses, and can cross-examine the state’s witnesses.
- The judge weighs the factors. These include the facts of the charge, the strength of the evidence, the defendant’s history, and the danger the person might pose.
- The judge rules in writing. If the judge denies bail, the court must enter written findings or state its reasons on the record within 48 hours.
Importantly, the prosecutor must show by clear and convincing evidence that no set of release conditions will protect the public or make sure the defendant returns to court. That standard is higher than “more likely than not.” Still, it is lower than “beyond a reasonable doubt,” which applies at trial. If the state falls short, the judge sets bail as usual.
Before vs. After Aniah’s Law
The biggest change is who gets a guaranteed right to bail. Before 2022, nearly everyone did. Now, judges have more power to say no in serious violent cases.
| Issue | Before Aniah’s Law | After Aniah’s Law |
|---|---|---|
| Right to bail | Almost all defendants were “bailable by sufficient sureties” | Reasonable bail for most, but not for listed offenses |
| Who could be denied bail | Mainly capital cases where the proof was evident | People charged with murder, rape, kidnapping, and other listed crimes |
| Who decides | Often a bond schedule set the amount | A judge after a hearing |
| Danger to the public | Mostly handled through bond amount and conditions | A key reason a judge may deny release |
| Burden of proof | No special detention hearing standard | Prosecutor must prove by clear and convincing evidence |
| Excessive bail | Prohibited | Still prohibited |
Notably, the law does not require a judge to deny bail. Instead, it gives the judge that option. A judge can still grant bond after the hearing, often with strict conditions.
How Often Is the Law Used?
No statewide count of Aniah’s Law hearings has been widely reported as of October 2026. However, news coverage shows that prosecutors use it often in violent cases.
For example, a Dale County judge issued one of the first rulings in December 2022. By late 2023, local outlets reported more use across the state, including in high-profile shooting cases. Attorney General Steve Marshall has called it an effective tool for prosecutors. On the other hand, some defense lawyers say the extra hearings add to crowded court calendars. Even so, some like that a judge, not a fixed schedule, makes the call.
What Happened in the Blanchard Case?
A Macon County jury convicted Ibraheem Yazeed of murder and felony murder in March 2026. In May 2026, a judge sentenced him to life in prison.
Prosecutors had sought capital murder convictions. Instead, the jury chose the non-capital murder counts, so the death penalty was not available. The judge then imposed two life sentences on May 7, 2026. After that, his lawyers filed a motion for a new trial in June 2026. As of October 2026, his legal challenges were still pending, according to the latest public reports.
Similar Laws in Other States
Several states let judges hold dangerous defendants without bail. The details vary from state to state.
For instance, federal courts use detention hearings with a similar clear and convincing standard. Because each state writes its own rules, a law that applies in one state may not apply in another. If you are comparing state rules on other topics, such as implied consent laws, you will see the same pattern of state-by-state differences.
Conclusion
Aniah’s Law gave Alabama judges new power to keep people charged with serious violent crimes in jail before trial. To use it, prosecutors must request a hearing and meet a high standard of proof. Then a judge must explain the decision in writing. In 2026, voters expanded the list to include attempted murder and shooting into occupied places. Bail rules belong to criminal cases, which work very differently from lawsuits. You can learn more in our guide to civil vs. criminal law. If you or a loved one faces a bail hearing, a licensed Alabama attorney can review the facts and explain your options. For more plain-English guides, browse our Law section.
Frequently Asked Questions
Does Aniah’s Law mean everyone charged with murder stays in jail?
No. The law only allows a judge to deny bail. The prosecutor must ask for a hearing and prove that no release conditions will keep the public safe or ensure a court return. Otherwise, the judge sets bail.
When did Aniah’s Law take effect?
Voters ratified it on November 8, 2022. Its companion statute took effect once the amendment was ratified, and judges were ruling on requests by early December 2022.
Who sponsored Aniah’s Law?
Rep. Chip Brown of Mobile sponsored HB 131 and HB 130 in 2021. Later, Sen. Will Barfoot sponsored the 2025 expansion bill, SB 118.
What did the 2026 expansion add?
It added solicitation, attempt, or conspiracy to commit murder. It also added shooting or firing a weapon into an occupied home, building, or vehicle. Voters approved it on May 19, 2026.
Can a defendant fight an Aniah’s Law motion?
Yes. At the hearing, the defendant can have a lawyer, testify, call witnesses, and question the state’s witnesses. A licensed Alabama attorney can explain how these rights apply in a specific case.
Sources
- Alabama Legislature, HB 131 (Act 2021-201), 2021 Regular Session, enrolled text
- Alabama Legislature, HB 130, 2021 Regular Session, introduced text
- Code of Alabama 1975, Section 15-13-3 (as amended)
- Alabama Political Reporter, “Legislature gives final approval to Aniah’s Law,” April 19, 2021
- Alabama Reflector, “Alabama House committee approves expansion of Aniah’s Law,” March 24, 2025
- Ballotpedia, 2022 Alabama Amendment 1 and May 2026 Alabama Amendment 1 results
- WAFF, “Jury finds Ibraheem Yazeed guilty of murdering Aniah Blanchard,” March 19, 2026
- WBRC, “Ibraheem Yazeed sentenced for murder of Aniah Blanchard,” May 7, 2026
- WAFF, “Aniah Blanchard’s family reacts to her killer’s request for new trial,” June 4, 2026
- WTOK/Gray TV, “Aniah’s Law being used in more cases in Alabama one year after passing,” November 9, 2023