Public hearing held on bill to detain undocumented defendants charged with violent crimes; supporters, opponents testify

The House Judiciary Committee held a public hearing on HB348, a bill that would authorize courts to deny bail and detain a defendant pending pretrial hearing if the defendant is an 'illegal alien' charged with enumerated violent offenses.

Representative Robertson introduced the bill and noted the measure creates a presumption that, based on immigration status, a defendant may be a flight risk. Ross McGlynn, chief of police at the Heflin Police Department, testified for the bill and cited a 2012 violent incident involving an undocumented person in his jurisdiction. McGlynn said HB348 “gives law enforcement another tool in their toolbox to be able to put violent criminals behind bars and keep them there longer.”

Jerome Dees, appearing as an opponent and identified himself in the record, said the bill raises significant constitutional concerns. He told the committee the measure “presents an equal protection problem because we are looking at a particular suspect class on the basis of the nationality of the individual,” and warned that expanding covered offenses could implicate state constitutional limits and require processes that may be impractical within required detention timelines.

Wanda Miller, executive director of VOCAL (Victims of Crime and Leniency), testified in support from a victim-safety perspective, saying victims repeatedly ask whether an arrested person will be held and expressing concern about defendants who may abscond. Miller called the proposal a safety measure and said the pretrial hearing criteria would allow the court to assess bail appropriateness.

Committee members asked detailed questions about the list of offenses that would be covered, potential overlap with prior law (referred to as Anaya’s law in testimony), constitutional protections for due process and nonexcessive bail, and the practicalities of authenticating immigration status in state court. The committee concluded the public hearing and did not take a vote; members said the bill will return for consideration at a later date.