Alabama 2023 Regular Session

Alabama House Bill HB25

Introduced
2/23/23  

Caption

Relating to criminal procedure; to amend Sections 13A-5-9 and 15-18-8, Code of Alabama 1975, to further provide for the sentencing of individuals convicted of violating a Class D felony.

Impact

If enacted, HB25 will impact the sentencing procedures for repeat offenders significantly. Current regulations dictate that an individual with multiple felony convictions faces lighter penalties for subsequent Class D felonies. HB25 aims to raise the severity of sentencing for these offenders, thereby addressing concerns about recidivism and public safety. The bill could lead to increased prison populations as habitual offenders face harsher sentences for previously less severe offenses.

Summary

House Bill 25 proposes amendments to Alabama's criminal procedure laws, specifically addressing the sentencing framework for individuals convicted of Class D felonies. The bill allows the courts to impose a Class C felony sentence on an individual with a history of felony convictions who is subsequently found guilty of a Class D felony. This change will modify how repeat offenders are treated, particularly those with previous Class A or B felony convictions, potentially leading to more severe consequences for those offenders.

Contention

Notable points of contention surrounding HB25 include concerns voiced by various advocacy groups and defense attorneys who fear that increasing penalties for Class D felonies may disproportionately affect lower-income individuals and those with limited access to legal resources. Critics argue that more stringent sentencing will not effectively deter crime and may exacerbate issues within the correctional system, such as overcrowding. Proponents of the bill, however, focus on the need for accountability, suggesting that stricter penalties would reassess the risks posed by repeat offenders in society.

Companion Bills

No companion bills found.

Previously Filed As

AL SB227

Alabama Athletic Commission, violations provided for, Class C felony

AL SB98

Criminal procedure; post-conviction DNA testing procedures of inmates, further provided

AL SB156

Sentencing; habitual felony offender act, resentencing procedures, established

AL HB29

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

AL HB156

Criminal procedure, out-of-state warrants further provided for

AL SB32

Crimes and offenses; further provide for the crime of murder, manslaughter, and assault in the first and second degree; provide enhanced sentencing; define machinegun

AL SB9

Alabama Athletic Commission, Attorney General authorized to bring action for violations, certain violations constitute Class C felony

AL SB138

Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided

AL HB238

Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided

AL HB49

Crimes and offenses; rape 1st and sodomy 1st; penalties further provided for

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