Alabama 2023 Regular Session

Alabama House Bill HB271

Introduced
4/6/23  

Caption

Relating to crimes and offenses; to amend Sections 12-25-34.2, 13A-5-3, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-6-184, 13A-8-4, 13A-8-5, 13A-8-8, 13A-8-9, 13A-8-10.2, 13A-8-10.3, 13A-8-10.6, 13A-8-18, 13A-8-19, 13A-9-3, 13A-9-4, 13A-9-7, 13A-9-14, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-291, 15-12-21, 15-13-209, 15-18-8, 15-22-54, 8-7A-20, 12-25-33, 26-23F-6, and 28-1-8, Code of Alabama 1975, to eliminate the Class D felony offense; reclassify certain felony offenses; to require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions; repeal Sections 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 13A-9-3.1, and 13A-9-6.1; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Impact

The proposed changes under HB271 are intended to alleviate the burden on the state’s legal and penal systems by reducing the number of classifications that felonies can fall under. By eliminating Class D felonies, the bill seeks to focus resources on more serious offenses while potentially enabling better rehabilitation pathways for those previously classified under the now-removed category. Additionally, as the bill introduces clarifications and revisions regarding how offenses are categorized and punished, it aims to simplify legal processes and enhance clarity in the law.

Summary

House Bill 271 aims to significantly amend the existing laws surrounding the classification of felonies in Alabama. Specifically, it proposes to eliminate the Class D felony category, which was introduced by Act 2015-185. This bill will reclassify existing Class D felonies to either Class C or lower categories, modifying the penalties associated with certain crimes. Additionally, it requires the Alabama Sentencing Commission to adjust its guidelines and worksheets immediately to align with these changes. The amendments reflect a shift in the legislative approach towards crime and punishment in the state.

Contention

However, the bill may not be without controversy. One notable point of contention is its implications for local governments and the requirement for new or increased expenditures from local funds due to statutory amendments. Critics might express concerns about the financial implications for local jurisdictions, considering that this bill does not require a supermajority vote for enactment. In general, discussions surrounding criminal justice reform often elicit varied opinions regarding the balance between public safety, rehabilitation efforts, and the rights of individuals within the penal system.

Companion Bills

No companion bills found.

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