Alabama 2022 Regular Session

Alabama Senate Bill SB301

Introduced
3/8/22  
Refer
3/8/22  
Engrossed
3/31/22  

Caption

Firearms, sentencing requirements established, certain offenders excluded from being eligible for certain correctional programs, Sec. 13A-11-72.2 added.

Impact

The implementation of SB301 is expected to significantly affect state laws concerning sentencing and corrections. By imposing consecutive sentences that are not eligible for probation or early release, the bill aims to reduce the incidence of violent crime involving firearms. Furthermore, it delineates new restrictions on the eligibility for certain correctional programs for specific classes of offenders, fundamentally altering the landscape of punishment for crimes of violence. This money- and resource-intensive shift may lead to increased expenditures for local jails and the correctional system as longer sentences will likely necessitate expanded facilities and staff.

Summary

SB301 aims to introduce stringent sentencing requirements for individuals convicted of violent crimes in Alabama where a firearm is involved. Under this legislation, offenders who possess a firearm during the commission of a violent crime would face mandatory minimum sentences that range from five years for mere possession to 20 years for repeat offenders. The bill defines specified violent crimes, including Class A felonies and second-degree assault, and enhances penalties based on whether a firearm was brandished or discharged during the offense. This establishes a clear, tough approach toward gun-related violent crime within the state’s legislative framework.

Sentiment

The sentiment surrounding SB301 is largely polarized. Advocates argue that the tougher sentencing will deter violent crime and enhance public safety, promoting a strict stance on gun use during such crimes. Supporters include law enforcement agencies and various anti-violence coalitions who believe that the legislation will help protect communities from further harm. Conversely, opponents raise concerns over the potential for increasing incarceration rates without proven effectiveness on crime reduction. They worry about the implications for the prison system and the overarching impact on families and communities affected by these lengthy sentences.

Contention

Discussions regarding SB301 have highlighted significant contention, particularly around the issues of mandatory minimums and the exclusion of certain offenders from rehabilitation programs. Critics argue that the bill could exacerbate the already pressing issues of overpopulation in prisons and limit measures that could provide offenders with chances for reform. The bill raises fundamental questions about justice and equity, given its disproportionate impact on certain populations and the efficacy of punitive measures versus restorative practices.

Companion Bills

AL HB460

Same As Public safety, firearms, to prevent certain offenders from owning a firearm, penalties, Sec. 13A-11-72.1 added; Secs. 13A-11-70, 13A11-72, 13A-11-84 am'd.

Previously Filed As

AL HB29

Sentencing, habitual felony offenders sentencing further provided for; resentence in certain circumstances

AL SB156

Sentencing; habitual felony offender act, resentencing procedures, established

AL HB58

Firearms; criminal penalty established for failure to inform of one's concealed possession under certain circumstances

AL HB224

Firearms, criminal penalty for unreasonably secured firearm stored by parent in possession of child

AL HB414

Firearms, criminal penalty for unreasonably secured firearm stored by parent in possession of child

AL HB72

Firearms, to prohibit possession and transfer of assault weapons under certain circumstances

AL SB119

Firearms, revise circumstances when firearm possession is prohibited

AL HB20

Firearms, penalty for failure to inform when in possession and questioned

AL HB23

Firearms, to require permit to carry assault weapons in vehicles or on one's person or to acquire such.

AL HB13

Firearms, to prohibit possession and transfer of assault weapon under certain circumstances

Similar Bills

No similar bills found.