HB271INTRODUCED
Page 0
G81A6C-1
By Representatives Sells, Treadaway, Pettus, Bedsole,
Reynolds, Stringer, Starnes, Stubbs, Kirkland, Fincher,
Easterbrook, Bolton, Mooney, Paramore, Crawford, Whitt,
Clouse, Givens, Holk-Jones, Simpson, Shirey, Lamb, Shedd,
Stadthagen, Yarbrough, Cole, Hammett, Robertson, Butler,
DuBose, Shaver, Wood (D), Colvin, Harbison, Estes, Rigsby,
Wadsworth, Rehm, Marques, Sorrells, Smith, Woods, Ellis,
Kitchens, Oliver, Lipscomb, Hurst, Standridge, Carns
RFD: Judiciary
First Read: 06-Apr-23
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12 G81A6C-1 04/05/2023 CNB (L) bm 2023-1199
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SYNOPSIS:
Act 2015-185 created a new Class D felony
classification and created penalties for Class D felony
offenses.
Additionally, Act 2015-185 reclassified certain
crimes and offenses, creating certain Class D felony
offenses.
This bill would eliminate the Class D felony
classification and reclassify current Class D felony
offenses.
This bill would repeal Class D felony offenses
created by Act 2015-185 and any criminal offense
classified as a Class D felony offense.
This bill would require the Alabama Sentencing
Commission to immediately modify its standards,
worksheets, and instructions necessary to comply with
current law.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
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specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
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
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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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. 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, and 13A-12-291, Code of
Alabama 1975, are amended to read as follows:
"§12-25-34.2
(a) For the purposes of this section, the following
words shall have the following meanings:
(1) AGGRAVATING FACTORS. Substantial and compelling
reasons justifying an exceptional sentence whereby the
sentencing court may impose a departure sentence above the
presumptive sentence recommendation for an offense.
Aggravating factors may result in dispositional or sentence
range departures, or both, and shall be stated on the record
by the court.
(2) DEPARTURE. A sentence which departs from the
presumptive sentence recommendation for an offender.
(3) DISPOSITION. The part of the sentencing courts
presumptive sentence recommendation other than sentence
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length.
(4) DISPOSITIONAL DEPARTURE. A sentence which that
departs from the presumptive sentence recommendation for
disposition of sentence.
(5) MITIGATING FACTORS. Substantial and compelling
reasons justifying an exceptional sentence whereby the
sentencing court may impose a departure sentence below the
presumptive sentence recommendation for an offense. Mitigating
factors may result in disposition or sentence range
departures, or both, and shall be stated on the record by the
court.
(6) NONVIOLENT OFFENSES. As defined in Section
12-25-32.
(7) PRESUMPTIVE SENTENCE RECOMMENDATION. The
recommended sentence range and disposition provided in the
sentencing standards.
(8) SENTENCE RANGE. The sentencing court's
discretionary range of length of sentence as provided and
recommended in the presumptive sentencing recommendation.
(9) SENTENCE RANGE DEPARTURE. A sentence which that
departs from the presumptive sentence recommendation as to the
sentence range.
(10) VIOLENT OFFENSES. As defined in Section 12-25-32.
(b)(1) The voluntary sentencing standards as provided
for in Section 12-25-34, as applied to nonviolent offenses
shall become presumptive sentencing standards effective
October 1, 2013, to the extent the modification adopted by the
Alabama Sentencing Commission become effective October 1,
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2013. The standards shall be applied by the courts in
sentencing subject to departures as provided herein. To
accomplish this purpose as to the existing initial voluntary
sentencing standards, the Alabama Sentencing Commission shall
adopt modifications to the standards, worksheets, and
instructions to the extent necessary to implement this
provision including, but not limited to, defining aggravating
and mitigating factors that allow for departure from the
presumptive sentencing recommendations. The commission's
modifications shall be presented to the Legislature in the
commission's annual report within the first five legislative
days of the 2013 Regular Session.
(2) The Alabama Sentencing Commission shall immediately
adopt modifications to the standards, worksheets, and
instructions to the extent necessary to implement this act.
The amendatory provisions of this act shall supersede any
standards, worksheets, and instructions of the commission that
are in conflict with these amendatory provisions.
(c) Durational and dispositional departures from the
presumptive sentencing standards shall be subject to appellate
review. Along with the modifications provided for in
subsection (b), the Alabama Sentencing Commission shall
recommend a narrowly defined scope of appellate review
applicable to departures from presumptive sentencing
recommendations. The scope of appellate review shall become
effective upon approval by an act of the Legislature enacted
by bill."
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"§13A-5-3
(a) Offenses are designated as felonies, misdemeanors ,
or violations.
(b) Felonies are classified according to the relative
seriousness of the offense into four the following three
categories:
(1) Class A felonies ;.
(2) Class B felonies ;.
(3) Class C felonies ; and.
(4) Class D felonies.
(c) Misdemeanors are classified according to the
relative seriousness of the offense into the following three
categories:
(1) Class A misdemeanors ;.
(2) Class B misdemeanors ; and.
(3) Class C misdemeanors.
(d) Violations are not classified."
"§13A-5-6
(a) Sentences for felonies shall be for a definite term
of imprisonment, which imprisonment includes hard labor,
within the following limitations:
(1) For a Class A felony, for life or not more than 99
years or less than 10 years.
(2) For a Class B felony, not more than 20 years or
less than 2 two years.
(3) For a Class C felony, not more than 10 years or
less than 1 one year and 1 one day and must be in accordance
with subsection (b) of Section 15-18-8 unless sentencing is
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pursuant to Section 13A-5-9 or the offense is a sex offense
pursuant to Section 15-20A-5 .
(4) For a Class D felony, not more than 5 years or less
than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8.
(5)(4) For a Class A felony in which a firearm or
deadly weapon was used or attempted to be used in the
commission of the felony, or a Class A felony sex offense
involving a child as defined in Section 15-20A-4, not less
than 20 years.
(6)(5) For a Class B or C felony in which a firearm or
deadly weapon was used or attempted to be used in the
commission of the felony, or a Class B felony sex offense
involving a child as defined in Section 15-20A-4, not less
than 10 years.
(b) The actual time of release within the limitations
established by subsection (a) shall be determined under
procedures established elsewhere by law.
(c) In addition to any penalties heretofore or
hereafter otherwise provided by law, in all cases where an
offender is designated as a sexually violent predator pursuant
to Section 15-20A-19, or where an offender is convicted of a
Class A felony sex offense involving a child as defined in
Section 15-20A-4, and is sentenced to a county jail or the
Alabama Department of Corrections, the sentencing judge shall
impose an additional penalty of not less than 10 years of
post-release supervision to be served upon the defendant's
release from incarceration.
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(d) In addition to any penalties heretofore or
hereafter otherwise provided by law, in all cases where an
offender is convicted of a sex offense pursuant to Section
13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21
years of age or older and the victim was six years of age or
less at the time the offense was committed, the defendant
shall be sentenced to life imprisonment without the
possibility of parole."
"§13A-5-9
(a) In all cases when it is shown that a criminal
defendant has been previously convicted of a Class A, Class B,
or Class C felony and after the conviction has committed
another Class A, Class B, or Class C felony, he or she must
shall be punished as follows:
(1) On conviction of a Class C felony, he or she must
shall be punished for a Class B felony.
(2) On conviction of a Class B felony, he or she must
shall be punished for a Class A felony.
(3) On conviction of a Class A felony, he or she must
shall be punished by imprisonment for life or for any term of
not more than 99 years but not less than 15 years.
(b) In all cases when it is shown that a criminal
defendant has been previously convicted of any two felonies
that are Class A, Class B, or Class C felonies and after
suchthe convictions has committed another Class A, Class B, or
Class C felony, he or she must shall be punished as follows:
(1) On conviction of a Class C felony, he or she must
shall be punished for a Class A felony.
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(2) On conviction of a Class B felony, he or she must
shall be punished by imprisonment for life or for any term of
not more than 99 years but not less than 15 years.
(3) On conviction of a Class A felony, he or she must
shall be punished by imprisonment for life or for any term of
not less than 99 years.
(c) In all cases when it is shown that a criminal
defendant has been previously convicted of any three felonies
that are Class A, Class B, or Class C felonies and after
suchthe convictions has committed another Class A, Class B, or
Class C felony, he or she must shall be punished as follows:
(1) On conviction of a Class C felony, he or she must
shall be punished by imprisonment for life or for any term of
not more than 99 years but not less than 15 years.
(2) On conviction of a Class B felony, he or she must
shall be punished by imprisonment for life or any term of not
less than 20 years.
(3) On conviction of a Class A felony, where the
defendant has no prior convictions for any Class A felony, he
or she must shall be punished by imprisonment for life or life
without the possibility of parole, in the discretion of the
trial court.
(4) On conviction of a Class A felony, where the
defendant has one or more prior convictions for any Class A
felony, he or she must shall be punished by imprisonment for
life without the possibility of parole.
(d) In all cases when it is shown that a criminal
defendant has been previously convicted of any two or more
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felonies that are Class A or Class B felonies and after such
convictions has committed a Class D felony, upon conviction,
he or she must be punished for a Class C felony.
(e) In all cases when it is shown that a criminal
defendant has been previously convicted of any three or more
felonies and after such convictions has committed a Class D
felony, upon conviction, he or she must be punished for a
Class C felony."
"§13A-5-11
(a) A sentence to pay a fine for a felony shall be for
a definite amount, fixed by the court, within the following
limitations:
(1) For a Class A felony, not more than $60,000; sixty
thousand dollars ($60,000).
(2) For a Class B felony, not more than $30,000; thirty
thousand dollars ($30,000).
(3) For a Class C felony, not more than $15,000;
fifteen thousand dollars ($15,000).
(4) For a Class D felony, not more than $7,500; or
(5)(4) Any amount not exceeding double the pecuniary
gain to the defendant or loss to the victim caused by the
commission of the offense.
(b) As used in this section, "gain" means the amount of
money or the value of property derived from the commission of
the crime, less the amount of money or the value of property
returned to the victim of the crime or seized or surrendered
to lawful authority prior to the time sentence is imposed.
"Value" shall be determined by the standards established in
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subdivision (14) of Section 13A-8-1.
(c) The court may conduct a hearing upon the issue of
the defendant's gain or the victim's loss from the crime
according to procedures established by rule of court.
(d) This section shall not apply if a higher fine is
otherwise authorized by law for a specific crime."
"§13A-5-13
(a) The Legislature finds and declares the following:
(1) It is the right of every person, regardless of
race, color, religion, national origin, ethnicity, or physical
or mental disability, to be secure and protected from threats
of reasonable fear, intimidation, harassment, and physical
harm caused by activities of groups and individuals.
(2) It is not the intent, by enactment of this section,
to interfere with the exercise of rights protected by the
Constitution of the State of Alabama or the United States.
(3) The intentional advocacy of unlawful acts by groups
or individuals against other persons or groups and bodily
injury or death to persons is not constitutionally protected
when violence or civil disorder is imminent, and poses a
threat to public order and safety, and such the conduct should
be subjected to criminal sanctions.
(b) The purpose of this section is to impose additional
penalties where it is shown that a perpetrator committing the
underlying offense was motivated by the victim's actual or
perceived race, color, religion, national origin, ethnicity,
or physical or mental disability.
(c) A person who has been found guilty of a crime, the
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commission of which was shown beyond a reasonable doubt to
have been motivated by the victim's actual or perceived race,
color, religion, national origin, ethnicity, or physical or
mental disability, shall be punished as follows:
(1) Felonies:
a. On conviction of a Class A felony that was found to
have been motivated by the victim's actual or perceived race,
color, religion, national origin, ethnicity, or physical or
mental disability , the sentence shall not be less than 15
years.
b. On conviction of a Class B felony that was found to
have been motivated by the victim's actual or perceived race,
color, religion, national origin, ethnicity, or physical or
mental disability , the sentence shall not be less than 10
years.
c. On conviction of a Class C felony that was found to
have been motivated by the victim's actual or perceived race,
color, religion, national origin, ethnicity, or physical or
mental disability , the sentence shall not be less than two
years.
d. On conviction of a Class D felony that was found to
have been motivated by the victim's actual or perceived race,
color, religion, national origin, ethnicity, or physical or
mental disability, the sentence shall not be less than 18
months.
e.d. For purposes of this subdivision, a criminal
defendant who has been previously convicted of any felony and
receives an enhanced sentence pursuant to this section is also
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subject to enhanced punishment under the Alabama Habitual
Felony Offender Act, Section 13A-5-9.
(2) Misdemeanors:
On conviction of a misdemeanor which was found beyond a
reasonable doubt to have been motivated by the victim's actual
or perceived race, color, religion, national origin,
ethnicity, or physical or mental disability , the defendant
shall be sentenced for a Class A misdemeanor, except that the
defendant shall be sentenced to a minimum of three months."
"§13A-6-184
(a) By August 31, 2016, a domestic or interstate
business engaging in an escort business of companionship in
this state must shall register with the Secretary of State.
(b)(1) A violation of subsection (a) is a Class A
misdemeanor.
(2) A second or subsequent violation of subsection (a)
is a Class D C felony."
"§13A-8-4
(a) The theft of property between one thousand five
hundred dollars ($1,500) that exceeds five hundred dollars
($500) in value and but does not exceed two thousand five
hundred dollars ($2,500) in value, and which is not taken from
the person of another, constitutes theft of property in the
second degree.
(b) Theft of property in the second degree is a Class C
felony.The theft of a credit or debit card, regardless of its
value, constitutes theft of property in the second degree.
(c) The theft of a firearm, rifle, or shotgun,
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regardless of its value, constitutes theft of property in the
second degree.
(d) The theft of any substance controlled by Chapter 2
of Title 20 or any amendments thereto, regardless of value,
constitutes theft of property in the second degree.
(e) The theft of any livestock which includes cattle,
swine, equine or equidae, or sheep, regardless of their value,
constitutes theft of property in the second degree.
(f) Theft of property in the second degree is a Class C
felony."
"§13A-8-5
(a) The theft of property which that does not exceed
five hundred dollars ($500) in value and which that is not
taken from the person of another constitutes theft of property
in the fourth third degree.
(b) Theft of property in the fourth third degree is a
Class A misdemeanor."
"§13A-8-8
(a) The theft of lost property between one thousand
five hundred dollars ($1,500) that exceeds five hundred
dollars ($500) in value and but does not exceed two thousand
five hundred dollars ($2,500) in value constitutes theft of
lost property in the second degree.
(b) Theft of lost property in the second degree is a
Class C felony."
"§13A-8-9
(a) The theft of lost property which that does not
exceed five hundred dollars ($500) in value constitutes theft
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of lost property in the fourth third degree.
(b) Theft of lost property in the fourth third degree
is a Class A misdemeanor."
"§13A-8-10.2
(a) The theft of services between one thousand five
hundred dollars ($1,500) that exceeds five hundred dollars
($500)in value and but does not exceed two thousand five
hundred dollars ($2,500) in value constitutes theft of
services in the second degree.
(b) Theft of services in the second degree is a Class C
felony."
"§13A-8-10.3
(a) The theft of services which that does not exceed
five hundred dollars ($500) in value constitutes theft of
services in the fourth third degree.
(b) Theft of services in the fourth third degree is a
Class A misdemeanor."
"§13A-8-10.6
(a) A person commits the crime of cargo theft if the
person knowingly obtains or exerts unauthorized control over
either of the following:
(1) A vehicle engaged in commercial transportation of
cargo or an appurtenance thereto, including, without
limitation, a trailer, semitrailer, container, railcar, or
other associated equipment, or the cargo being transported
therein or thereon, which is the property of another, with the
intention of depriving the other person of the property,
regardless of the manner in which the property is taken or
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appropriated.
(2) A trailer, semitrailer, container, railcar, or
other associated equipment, or the cargo being transported
therein or thereon, which is the property of another, with the
intention of depriving the other person of the property,
regardless of the manner in which the property is taken or
appropriated.
(b)(1) Cargo theft that has a collective value in
excess of fifty thousand dollars ($50,000) is a Class B
felony, except the punishment shall be a term of imprisonment
of not less than 10 years nor more than 20 years and a fine
not to exceed one hundred fifty thousand dollars ($150,000).
(2) Cargo theft that has a collective value exceeding
ten thousand five hundred dollars ($10,000)($500), but not
exceeding fifty thousand dollars ($50,000), is a Class C
felony, except the offense shall be punishable by a term of
imprisonment of not less than five years nor more than 10
years and a fine not to exceed seventy-five thousand dollars
($75,000).
(3) Cargo theft that has a collective value exceeding
five hundred dollars ($500), but does not exceed ten thousand
dollars ($10,000), is a Class D felony, except the offense
shall be punishable by a term of imprisonment of not less than
two years and a fine not to exceed twenty thousand dollars
($20,000).
(4)(3) Cargo theft that has a collective value of five
hundred dollars ($500) or less, is a Class A misdemeanor.
(5)(4) A person convicted of cargo theft may also be
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disqualified from driving a commercial motor vehicle for a
period of one year for the first conviction and for life for
the second or subsequent conviction, subject to possible
reduction as provided in subsection (c) of Section
32-6-49.11."
"§13A-8-18
(a) Any of the following constitutes receiving stolen
property in the second degree:
(1) Receiving stolen property that is between one
thousand five hundred dollars ($1,500) exceeds five hundred
dollars ($500) in value and but does not exceed two thousand
five hundred dollars ($2,500) in value.
(2) Receiving stolen property of any value under the
circumstances described in subdivision (b)(3) of Section
13A-8-16.
(3) Receiving stolen property that is a firearm, rifle,
or shotgun, regardless of its value.
(b) Receiving stolen property in the second degree is a
Class C felony."
"§13A-8-19
(a) Receiving stolen property which that does not
exceed five hundred dollars ($500) in value constitutes
receiving stolen property in the fourth third degree.
(b) Receiving stolen property in the fourth third
degree is a Class A misdemeanor."
"§13A-9-3
(a) A person commits the crime of forgery in the second
degree if, with intent to defraud, he or she falsely makes,
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completes, or alters a written instrument which that is or
purports to be, or which that is calculated to become or to
represent if completed , any of the following :
(1) A deed, will, codicil, or contract , assignment or a
check, draft, note, or other commercial instrument that which
does or may evidence, create, transfer, terminate , or
otherwise affect a legal right, interest, obligation , or
status; or.
(2) A public record , or an instrument filed or required
or authorized by law to be filed in a public office or with a
public employee; or.
(3) A written instrument officially issued or created
by a public office, public employees or government agency.
(b) Forgery in the second degree is a Class C felony."
"§13A-9-4
(a) A person commits the crime of forgery in the fourth
third degree if, with intent to defraud, he or she falsely
makes, completes , or alters a written instrument.
(b) Forgery in the fourth third degree is a Class A
misdemeanor."
"§13A-9-7
(a) A person commits the crime of criminal possession
of a forged instrument in the fourth third degree if he or she
possesses or utters a forged instrument of a kind covered in
Section 13A-9-4 with knowledge that it is forged and with
intent to defraud.
(b) Criminal possession of a forged instrument in the
fourth third degree is a Class A misdemeanor."
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"§13A-9-14
(a) A person commits the crime of illegal possession of
a credit or debit card if, knowing that he or she does not
have the consent of the owner, he or she takes, exercises
control over, or otherwise uses the card.
(b) A person commits the crime of fraudulent use of a
credit card or debit card if he or she uses, attempts to use,
or allows to be used, a credit card or debit card for the
purpose of obtaining property, services, or anything else of
value with knowledge that:
(1) The card is stolen ; or.
(2) The card has been revoked or cancelled ; or.
(3) For any other reason the use of the card is
unauthorized by either the issuer or the person to whom the
credit card or debit card is issued. The mere use by the
original issuee of a credit card or debit card which that has
expired is not within the provisions of subdivision (b)(3) of
this section this subdivision .
(c) "Credit card" means any instrument or device,
including a card to obtain telecommunication services, whether
known as a credit card, credit plate, bank service card,
banking card, check guarantee card, welfare card, a card used
to facilitate the transfer of government benefits such as an
electronic benefit transfer card (EBT card) or similar card,
or a debit card, or by any other name, including an account
number, issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services, or
anything else of value, including telecommunication services,
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on credit or for use in an automated banking device to obtain
any of the services offered through the device.
(d) "Debit card" means any instrument or writing or
other evidence known by any name issued with or without fee by
an issuer for the use of a depositor in obtaining money,
goods, services, or anything else of value, payment of which
is made against funds previously deposited in an account with
the issuer.
(e) Illegal possession of or fraudulent use of a credit
card or debit card is a Class D C felony."
"§13A-12-212
(a) A person commits the crime of unlawful possession
of a controlled substance if either of the following occur :
(1) Except as otherwise authorized, he or she possesses
a controlled substance enumerated in Schedules I through V.
(2) He or she obtains by fraud, deceit,
misrepresentation, or subterfuge or by the alteration of a
prescription or written order or by the concealment of a
material fact or by the use of a false name or giving a false
address, a controlled substance enumerated in Schedules I
through V or a precursor chemical enumerated in Section
20-2-181.
(b) Unlawful possession of a controlled substance is a
Class D C felony."
"§13A-12-213
(a) A person commits the crime of unlawful possession
of marihuana marijuana in the first degree if, except as
otherwise authorized :,
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(1) Hehe or she possesses marihuana marijuana for
other than personal use ; or.
(2) He or she possesses marihuana for his or her
personal use only after having been previously convicted of
unlawful possession of marihuana in the second degree or
unlawful possession of marihuana for his or her personal use
only.
(b) Unlawful possession of marihuana marijuana in the
first degree pursuant to subdivision (1) of subsection (a) is
a Class C felony.
(c) Unlawful possession of marihuana in the first
degree pursuant to subdivision (2) of subsection (a) is a
Class D felony."
"§13A-12-214
(a) A person commits the crime of unlawful possession
of marihuana marijuana in the second degree if, except as
otherwise authorized, he or she possesses marihuana marijuana
for his personal use only.
(b)(1) Unlawful possession of marihuana marijuana in
the second degree is a Class A misdemeanor.
(2) A fourth or subsequent conviction for unlawful
possession of marijuana is a Class C felony. "
"§13A-12-291
(a) A driver's driver license shall be suspended
pursuant to Section 13A-12-290 for conviction of, adjudication
of, or a finding of delinquency based on, the following
crimes:
(1) Criminal solicitation to commit the crime of
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trafficking in specified substances under Section 13A-12-231
or unlawful possession with intent to distribute a controlled
substance under subsections (c) and (d) of Section 13A-12-211 .
(2) Attempt to commit the crime of trafficking in
specified substances under Section 13A-12-231 or unlawful
possession with intent to distribute a controlled substance
under subsections (c) and (d) of Section 13A-12-211.
(3) Criminal conspiracy to commit the crime of
trafficking in specified substances under Section 13A-12-231.
(4) Trafficking in specified substances under Section
13A-12-231.
(5) Unlawful possession with intent to distribute a
controlled substance under subsections (c) and or (d) of
Section 13A-12-211.
(b) The suspension of a driver's driver license for
driving under the influence of a controlled substance or under
the combined influence of a controlled substance and alcohol
pursuant to Section 32-5A-191 shall be governed by that
section."
Section 2. Sections 15-12-21, 15-13-209, 15-18-8, and
15-22-54, Code of Alabama 1975, are amended to read as
follows:
"§15-12-21
(a) If it appears to the trial court that an indigent
defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel,
and that the indigent defendant is not able financially or
otherwise to obtain the assistance of counsel through another
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indigent defense system for the circuit, the court shall
appoint counsel to represent and assist the defendant. It
shall be the duty of the appointed counsel, as an officer of
the court and as a member of the bar, to represent and assist
the indigent defendant to the best of his or her ability.
(b) If it appears to the trial court in a delinquency
case, need of supervision case, or other judicial proceeding
in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or
otherwise to obtain the assistance of counsel or that
appointed counsel is otherwise required by law, the court
shall appoint counsel to represent and assist the juvenile or
act in the capacity of guardian ad litem for the juvenile. It
shall be the duty of the appointed counsel, as an officer of
the court and as a member of the bar, to represent and assist
the juvenile to the best of his or her ability.
(c) If it appears to the trial court that the parents,
guardian, or custodian of a juvenile who is a party in a
judicial proceeding, are entitled to counsel and the parties
are unable to afford counsel, upon request, the court shall
appoint counsel to represent and assist the parents, guardian,
or custodian. It shall be the duty of the appointed counsel,
as an officer of the court and as a member of the bar, to
represent and assist the parties to the best of his or her
ability.
(d) If the appropriate method for providing indigent
defense services is by appointed counsel in a case described
in subsections (a), (b), and (c), including cases tried de
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novo in circuit court on appeal from a juvenile proceeding,
appointed counsel shall be entitled to receive for their his
or her services a fee to be approved by the trial court. The
amount of the fee shall be based on the number of hours spent
by the attorney in working on the case. The amount of the fee
shall be based on the number of hours spent by the attorney in
working on the case and shall be computed at the rate of
seventy dollars ($70) per hour for time reasonably expended on
the case. The total fees paid to any one attorney in any one
case, from the time of appointment through the trial of the
case, including motions for new trial, shall not exceed the
following:
(1) In cases where the original charge is a capital
offense or a charge which that carries a possible sentence of
life without parole, there shall be no limit on the total fee.
(2) Except for cases covered by subdivision (1), in
cases where the original charge is a Class A felony, the total
fee shall not exceed four thousand dollars ($4,000).
(3) In cases where the original charge is a Class B
felony, the total fee shall not exceed three thousand dollars
($3,000).
(4) In cases where the original charge is a Class C or
Class D felony, the total fee shall not exceed two thousand
dollars ($2,000).
(5) In juvenile cases, the total fee shall not exceed
two thousand five hundred dollars ($2,500).
(6) In all other cases, the total fee shall not exceed
one thousand five hundred dollars ($1,500).
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(e) Counsel shall also be entitled to be reimbursed for
any nonoverhead expenses reasonably incurred in the
representation of his or her client, with any expense in
excess of three hundred dollars ($300) subject to advance
approval by the trial court as necessary for the indigent
defense services and as a reasonable cost or expense.
Reimbursable expenses shall not include overhead expenses.
Fees and expenses of all experts, investigators, and others
rendering indigent defense services to be used by counsel for
an indigent defendant shall be approved in advance by the
trial court as necessary for the indigent defense services and
as a reasonable cost or expense. Retrials of any case shall be
considered a new case for billing purposes. Upon review, the
director may authorize interim payment of the attorney fees or
expenses, or both.
(e)(f) Within a reasonable time after the conclusion of
the trial or ruling on a motion for a new trial or after an
acquittal or other judgment disposing of the case, not to
exceed 90 days, counsel shall submit a bill for services
rendered to the office. The bill shall be accompanied by a
certification by the trial court that counsel provided
representation to the indigent defendant, that the matter has
been concluded, and that to the best of his or her knowledge
the bill is reasonable based on the defense provided. The
trial court need not approve the items included on the bill or
the amount of the bill, but may provide any information
requested by the office or the indigent defense advisory board
relating to the representation. The bill for compensation of
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appointed counsel shall be submitted to the office. After
review and approval, the office shall recommend to the
Comptroller that the bill be paid. The office may forward the
bill to the indigent defense advisory board for review and
comment prior to approval. The Comptroller shall remit payment
in a timely manner not to exceed 90 days from submission. In
the event that payment is not made within 90 days of
submission, counsel shall be entitled to receive interest at a
rate of six percent until such the payment is issued."
"§15-13-209
(a) Except as otherwise provided in this article, it
shall be unlawful for any individual to act as a professional
bondsman or recovery agent, or transact business as either,
without first obtaining a license from the board, but a
professional surety bondsman shall obtain a license from the
Department of Insurance and shall comply with all licensing
requirements issued by the Department of Insurance.
(b) Any individual who willfully violates subsection
(a) or any other provision of this article, or a rule adopted
or order issued by the board pursuant to this article, upon
conviction, shall be guilty of a Class D C felony.
(c) Each individual licensed in accordance with this
article shall designate to the board a physical address where
his or her records are to be kept."
"§15-18-8
(a) When a defendant is convicted of an offense, other
than a sex offense involving a child as defined in Section
15-20A-4, that constitutes a Class A or Class B felony
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offense, and receives a sentence of 20 years or less in any
court having jurisdiction to try offenses against the State of
Alabama and the judge presiding over the case is satisfied
that the ends of justice and the best interests of the public
as well as the defendant will be served thereby, he or she may
order:
(1) That a defendant convicted of a Class A or, Class
B, or Class C felony be confined in a prison, jail-type
institution, or treatment institution for a period not
exceeding three years in cases where the imposed sentence is
not more than 15 years, and that the execution of the
remainder of the sentence be suspended notwithstanding any
provision of the law to the contrary and that the defendant be
placed on probation for such a period and upon such terms as
determined by the court deems best.
(2) That a defendant convicted of a Class A, Class B,
or Class C felony with an imposed sentence of greater than 15
years but not more than 20 years be confined in a prison,
jail-type institution, or treatment institution for a period
of three to five years for Class A or Class B felony
convictions and for a period of three years for Class C felony
convictions, during which the offender shall not be eligible
for parole or release because of deduction from sentence for
good behavior under the Alabama Correctional Incentive Time
Act, and that the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and
that the defendant be placed on probation for the a period
upon the terms as determined by the court deems best.
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This subsection shall not be construed to impose the
responsibility for offenders sentenced to a Department of
Corrections facility upon a local confinement facility not
operated by the Department of Corrections.
(b) Unless a defendant is sentenced to probation, drug
court, or a pretrial diversion program, when a defendant is
convicted of an offense that constitutes a Class C or D felony
offense and receives a sentence of not more than 15 years, the
judge presiding over the case shall order that the convicted
defendant be confined in a prison, jail-type institution,
treatment institution, or community corrections program for a
Class C felony offense or in a consenting community
corrections program for a Class D felony offense, except as
provided in subsection (e), for a period not exceeding two
years in cases where the imposed sentence is not more than 15
years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the
contrary and that the defendant be placed on probation for a
period not exceeding three years and upon such terms as the
court deems best. In all cases when it is shown that a
defendant has been previously convicted of any three or more
felonies or has been previously convicted of any two or more
felonies that are Class A or Class B felonies, and after such
convictions has committed a Class D felony, upon conviction,
he or she must be punished for a Class C felony. This
subsection shall not be construed to impose the responsibility
for offenders sentenced to a Department of Corrections
facility upon a local confinement facility not operated by the
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Department of Corrections.
(c)(b) Nothing in this section shall be construed as
superseding the sentencing requirements set forth and adopted
by the Legislature as prescribed by the Alabama Sentencing
Commission's Sentencing Standards.
(d)(c) In counties or jurisdictions where no community
corrections program exists or resources from a community
investment are not complete, a county or jurisdiction may
enter into a compact or contract with another county or other
counties to create a multi-jurisdiction community corrections
facility that meets the needs and resources of each county or
jurisdiction or enter into a compact or contract with a county
or jurisdiction that has a community corrections program to
provide services, as provided in and pursuant to Article 9 of
this chapter.
(e) If no community corrections program exists within a
county or jurisdiction and no alternative program options are
available under subsection (e) of Section 15-18-172, a
defendant convicted of an offense that constitutes a Class D
felony may be sentenced to high-intensity probation under the
supervision of the Board of Pardons and Paroles in lieu of
community corrections.
(f)(d) Probation may not be granted for a sex offense
involving a child as defined in Section 15-20A-4 , which that
constitutes a Class A or B felony. Otherwise, probation may be
granted whether the offense is punishable by fine or
imprisonment or both. If an offense is punishable by both fine
and imprisonment, the court may impose a fine and place the
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defendant on probation as to imprisonment. Probation may be
limited to one or more counts or indictments, but, in the
absence of express limitation, shall extend to the entire
sentence and judgment.
(g)(e) Regardless of whether the defendant has begun
serving the minimum period of confinement ordered under the
provisions of subsections subsection (a) or (b)(j), if the
imposed sentence is not more than 20 years, the court shall
retain jurisdiction and authority throughout that period to
suspend that portion of the minimum sentence that remains and
place the defendant on probation, notwithstanding any
provision of the law to the contrary and the court may revoke
or modify any condition of probation or may change the period
of probation.
(h)(f) While incarcerated or on probation and among the
conditions thereof, the defendant may be required to do any of
the following:
(1) To pay a fine in one or several sums ;.
(2) To make restitution or reparation to aggrieved
parties for actual damages or loss caused by the offense for
which conviction was had ; and.
(3) To provide for the support of any persons for whose
support he or she is legally responsible.
(i)(g) Except as otherwise provided pursuant to Section
15-18-64, the defendant's liability for any fine or other
punishment imposed as to which probation is granted shall be
fully discharged by the fulfillment of the terms and
conditions of probation.
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(j)(h) During any term of probation, the defendant
shall report to the probation authorities at such a time and
place as directed by the judge imposing sentence.
(k)(i) No defendant serving a minimum period of
confinement ordered under subsection (a) or (b)(j) shall be
entitled to parole or to deductions from his or her sentence
under the Alabama Correctional Incentive Time Act, during the
minimum period of confinement so ordered; provided, however,
that this subsection shall not be construed to prohibit
application of the Alabama Correctional Incentive Time Act to
any period of confinement which may be required after the
defendant has served such the minimum period.
(l)(j) When a defendant is convicted of a misdemeanor
or convicted of a municipal ordinance, the judge presiding
over the case may impose a sentence in accordance with Section
13A-5-7. The court may order a portion of the sentence to be
suspended and the defendant be placed on probation for such a
period not exceeding two years and upon such terms as the
court deems best .
(k) Nothing in this section shall be construed to
impose the responsibility for offenders sentenced to a
Department of Corrections facility upon a local confinement
facility not operated by the Department of Corrections. "
"§15-22-54
(a) The period of probation or suspension of execution
of sentence shall be determined by the court and may not be
waived by the defendant. The period of probation or suspension
may be continued, extended, or terminated as determined by the
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court. Except as provided in Section 32-5A-191, relating to
ignition interlock requirements, the maximum probation period
of a defendant guilty of a misdemeanor may not exceed two
years, nor shall the maximum probation period of a defendant
guilty of a felony exceed five years, except as provided in
Section 13A-8-2.1. When the conditions of probation or
suspension of sentence are fulfilled, the court, by an order
duly entered on its minutes, shall discharge the defendant.
(b) The court granting probation, upon the
recommendation of the officer supervising the probationer, may
terminate all authority and supervision over the probationer
prior to the declared date of completion of probation upon
showing a continued satisfactory compliance with the
conditions of probation over a sufficient portion of the
period of the probation. At least every two years, and after
providing notice to the district attorney, the court shall
review the probationer's suitability for discharge from
probation supervision if the probationer has satisfied all
financial obligations owed to the court, including
restitution, and has not had his or her supervision revoked.
(c) At any time during the period of probation or
suspension of execution of sentence, the court may issue a
warrant and have the defendant arrested for violating any of
the conditions of probation or suspension of sentence, and the
court shall hold a violation hearing. No probationer shall be
held in jail awaiting the violation hearing for longer than 20
business days, unless new criminal charges are pending. If the
hearing is not held within the specified time, the sheriff
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shall release the probation violator unless there are other
pending criminal charges. A judge may issue a bond to a
probationer for release from custody.
(d) Except as provided in Chapter 15 of Title 12, any
probation officer, police officer, or other officer with power
of arrest, when requested by the probation officer, may arrest
a probationer without a warrant. When an arrest is made
without a warrant, the arresting officer shall have a written
statement by the probation officer setting forth that the
probationer has, in his or her judgment, violated the
conditions of probation, and the statement shall be sufficient
warrant for the detention of the probationer in the county
jail or other appropriate place of detention until the
probationer is brought before the court. The probation officer
shall report the arrest and detention to the court and submit
in writing a report showing in what manner the probationer has
violated probation.
(e) After conducting a violation hearing and finding
sufficient evidence to support a probation violation, the
court may take any of the following actions:
(1)a. If the underlying offense was a Class D felony
and his or her probation is revoked, the incarceration portion
of any split sentence imposed due to revocation shall be
limited to two years or one-third of the original suspended
prison sentence, whichever is less.
b.(1)a. If the underlying offense was a violent offense
as defined in Section 12-25-32 and classified as a Class A
felony, a sex offense pursuant to Section 15-20A-5, or
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aggravated theft by deception pursuant to Section 13A-8-2.1,
the court shall revoke probation and require the probationer
to serve the balance of the term for which he or she was
originally sentenced, or any portion thereof, in a state
prison facility, calculated from the date of his or her
rearrest as a delinquent probationer.
c.b. If the probation violation was for being arrested
or convicted of a new offense or absconding, the court may
revoke probation and require the probationer to serve the
balance of the term for which he or she was originally
sentenced, or any portion thereof, in a state prison facility,
calculated from the date of his or her rearrest as a
delinquent probationer.
d.c. For all other probationers, the court may impose a
period of confinement of no more than 45 consecutive days to
be served in a residential transition center established
pursuant to Section 15-22-30.1 or a consenting county jail
designated for this purpose as provided in Section 14-1-23.
The probationer shall be held in the county jail of the county
in which the violation occurred while awaiting the revocation
hearing. The Department of Corrections shall reimburse the
state mileage rate to the county, as determined by the Alabama
Comptroller's Office, for any probationer charged with, or
sanctioned or revoked for, a probation violation and who is
transferred to or from a Department of Corrections facility or
to or from a consenting county jail by the county.
(2) Upon completion of the confinement period, the
remaining probation period or suspension of sentence shall
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automatically continue upon the defendant's release from
confinement. The court may not revoke probation unless the
defendant has previously received a total of three periods of
confinement pursuant to this subsection. For purposes of
revocation, the court may take judicial notice of the three
total periods of confinement under this subsection. A
defendant shall only receive three total periods of
confinement pursuant to this subsection. The maximum 45 day
45-day term of confinement ordered pursuant to this subsection
for a felony shall be reduced by any time served in custody
prior to the imposition of the period of confinement and shall
be credited to the suspended sentence. If the time remaining
on the imposed sentence is 45 days or less, the term of
confinement may not exceed the remainder of the defendant's
sentence.
(3) The total time spent in confinement under this
subsection may not exceed the term of the defendant's original
sentence.
(4) Confinement shall be immediate. The court shall
ensure that the circuit clerk receives the order revoking
probation within five business days. The circuit clerk shall
ensure that the Department of Corrections, a county jail, a
residential transition center, or a consenting county jail
receives necessary transcripts for imposing a period of
confinement within five business days of its receipt of the
court's order.
(5) If a probation violator is presented to a county
jail, excluding a consenting county jail designated for this
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purpose, as provided in Section 14-1-23, for any period of
confinement with a serious health condition, if the
confinement of the probation violator would create a security
risk to the county jail, or if the county jail is near, at, or
over capacity, the sheriff may refuse to admit the probation
violator. If, while in custody of the county jail, the
probation violator develops a serious health condition, if the
confinement of the probation violator creates a security risk
to the county jail, or if the county jail reaches near, at, or
over capacity, the sheriff may release the probation violator
upon notification to the probation officer and to the court
who has jurisdiction over the probation violator. A sheriff
and employees in the county jail shall be immune from
liability for exercising discretion pursuant to Section
36-1-12 in refusing to admit a probation violator into the
jail or releasing a probation violator from jail pursuant to
this subdivision.
(f) In lieu of subsections (c) through (e), when a
probationer violates his or her probation terms and conditions
imposed by the court, his or her probation officer, after an
administrative review and approval by the probation officer's
supervisor, may impose any of the following sanctions:
(1) Mandatory behavioral treatment.
(2) Mandatory substance abuse treatment.
(3) GPS monitoring.
(4) Any other treatment as determined by the court or
supervising officer.
(5) A short period of confinement in the county jail of
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the county in which the violation occurred. Periods of
confinement under this subdivision may not exceed six days per
month during any three separate months during the period of
probation. The six days per month confinement period may only
be imposed as two-day or three-day consecutive periods at any
single time. The total periods of confinement may not exceed
nine total days.
(g)(1) Prior to imposing a sanction pursuant to
subsection (f), the probationer must first be presented with a
violation report , with containing the alleged probation
violations and supporting evidence. The probationer shall be
advised that he or she has all of the following:
a. The right to have a hearing before the court on the
alleged violation or violations in person or by electronic
means. If a hearing is requested, no probationer shall be held
beyond 20 business days of the request. Only requesting
probationers posing a threat to public safety or a flight risk
shall be arrested while awaiting a hearing.
b. The right to present relevant witnesses and
documentary evidence.
c. The right to retain and have counsel at the hearing
and that counsel will be appointed if the probationer is
indigent.
d. The right to confront and cross examine any adverse
witnesses.
(2) Upon the signing of a waiver of these rights by the
probationer and the supervising probation officer, with
approval of a supervisor, the probationer may be treated,
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monitored, or confined for the period recommended in the
violation report and designated in the waiver. The probationer
may not request a review if he or she has signed a written
waiver of rights as provided in this subsection.
(h) The board shall adopt guidelines and procedures to
implement the requirements of this section, which shall
include the requirement of a supervisor's approval prior to a
supervising probation officer's exercise of the delegation of
authority authorized by subsection (f)."
Section 3. Section 8-7A-20, Code of Alabama 1975, is
amended to read as follows:
"§8-7A-20
(a) A person that who intentionally makes a false
statement, misrepresentation, or false certification in a
record filed or required to be maintained under this chapter
or that intentionally makes a false entry or omits a material
entry in such a record, upon conviction, shall be guilty of a
Class D felony A misdemeanor.
(b) A person that who knowingly engages in an activity
for which a license is required under this chapter without
being licensed under this chapter and who receives more than
five thousand dollars ($5,000) in compensation within a
one-year period from this activity, upon conviction, shall be
guilty of a Class C felony.
(c) A person that who knowingly engages in an activity
for which a license is required under this chapter without
being licensed under this chapter and who receives no more
than five thousand dollars ($5,000) in compensation within a
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one-year period from this activity, upon conviction, shall be
guilty of a Class D felony A misdemeanor.
(d) The enforcement of this chapter shall be vested in
the commission. It is the duty of the commission to enforce
this chapter and to investigate, prevent, and detect
violations of this chapter. The commission is vested with the
rights, privileges, and powers conferred by law upon district
attorneys, including the power to appear before grand juries
and to interrogate witnesses before such grand jury. A
district attorney may empower the commission to proceed on its
behalf in any proceeding under this chapter.
(e) In any proceeding under this chapter, scienter need
not be alleged and proved in prosecutions of violations
involving unlicensed money transmission.
(f) A proceeding under this chapter shall not preempt
or foreclose any criminal action or liability which may arise
under any other criminal provision of the Code of Alabama
1975."
Section 4. Section 12-25-33, Code of Alabama 1975, is
amended to read as follows:
"§12-25-33
To achieve the goals recognized by the Legislature in
Chapter 25 and Section 12-25-31, the commission shall do all
of the following :
(1) Develop, maintain, and modify as necessary a system
of statewide voluntary sentencing standards for use in felony
cases which shall take into account historical sentencing
data, concerning time actually served for various felony
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offenses, sentences imposed for various felony offenses, and
such other factors as appear historically relevant to
determining both the duration and disposition of sentences in
felony cases. The standards shall recognize a continuum of
punishments in recommending the disposition of sentences.
(2) Educate judges, prosecutors, defense attorneys,
victim's service officers, community corrections officials,
probation officers, and other personnel, where appropriate, in
the use of the voluntary sentencing standards and worksheets.
(3) Develop, distribute, and periodically update
sentencing worksheets for the use of courts in determining
both the duration and disposition of sentences in felony
cases.
(4) Prepare, distribute, and periodically update a form
for sentencing courts to record the sentence of the offender
and the reason or reasons for any departure from the voluntary
sentencing standards.
(5) Develop and distribute voluntary standards for
sentencing courts that include recommended intermediate
punishment options.
(6) Evaluate validated risk and needs assessment
instruments used by the Board of Pardons and Paroles, the
Department of Corrections, and other agencies and entities and
assist in developing an offender risk and needs assessment
instrument for use in felony cases, based on a study of
Alabama felons, that is intended to be predictive of the
relative risk that a felon will become a threat to public
safety.
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(7) Collect, analyze, and maintain data regarding
sentencing practices in felony cases, including the use of the
voluntary sentencing standards, and recommend changes or
modifications of the standards and worksheets as the
commission deems appropriate.
(8) Collect and analyze information including
sentencing data, crime trends, and existing correctional
resources to enable the commission to make recommendations
regarding projected correctional resource needs and to make
recommendations to the Governor, the Legislature, the Chief
Justice, and the Attorney General in the annual report of the
commission. This annual report should also include data
showing the impact of the initial voluntary standards and the
truth-in-sentencing standards by race, gender, and location of
the offender.
(9) Study felony statutes in the context of sentencing
patterns as they evolve and make recommendations for the
revision of criminal offense statutes to provide more specific
offense definitions and more narrowly prescribed ranges of
punishment.
(10) Study bills introduced in the Legislature
affecting criminal laws and procedure and prepare impact
statements of proposed legislation on Alabama's criminal
justice system, including the prison population.
(11) Report upon its work and recommendations annually
to the Governor, the Legislature, the Chief Justice, and the
Attorney General, to include the number of incarcerated
inmates that are currently only serving a sentence for a
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nonviolent offense and who also have a violent offense in
their criminal history. The Department of Corrections shall
provide to the commission any information necessary to
complete such report.
(12) Conduct the research necessary to determine the
appropriate point values for offenses classified as Class D
felonies for purposes of the sentencing guidelines and
establish such point values within the sentencing range set
forth in Section 13A-5-6.
(13)(12) Perform such other functions as may be
required by law or necessary to carry out the duties of the
commission prescribed in this chapter and this article."
Section 5. Section 26-23F-6, Code of Alabama 1975, is
amended to read as follows:
"§26-23F-6
(a) Except as provided in subsection (b), any person
who knowingly violates any provision of Section 26-23F-5 shall
be guilty of a Class DC felony for each violation.
(b) Any person who experiments on a living unborn
infant or the bodily remains of a deceased unborn infant,
experiments upon an unborn infant who is intended to be
aborted, or performs or offers to perform an abortion where
part or all of the justification or reason for the abortion is
that the bodily remains may be used for research or
experimentation in violation of Section 26-23F-5 shall be
guilty of a Class C felony."
Section 6. Section 28-1-8, Code of Alabama 1975, is
amended to read as follows:
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"§28-1-8
(a) For purposes of this section, "powdered alcohol" is
alcohol sold in a powder or crystalline form, for either
direct use or reconstituted with any liquid or food.
(b) It shall be unlawful for any person or business
establishment to possess, purchase, sell, offer to sell, or
use powdered alcohol.
(c) This section shall not apply to a hospital that
operates primarily for the purpose of conducting scientific
research, a state institution, a pharmaceutical company, or a
biotechnology company conducting bona fide research.
(d) A person or business establishment who unlawfully
possesses, purchases, or uses a powdered alcohol product shall
be fined as provided in a Class A misdemeanor for the first
offense.
(e) A person or business establishment who unlawfully
sells or offers to sell a powdered alcohol product shall be
guilty of a Class A misdemeanor, and on a second or subsequent
conviction, shall be guilty of a Class D C felony."
Section 7. 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 of the Code of Alabama
1975, relating to various theft, receiving stolen property,
forgery, and criminal possession of a forged instrument
offenses are specifically repealed.
Section 8. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
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Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 9. This act shall take effect on the first day
of the third month, following its passage and approval by the
Governor, or its otherwise becoming law.
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