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.

Previously Filed As

AL HB408

Relating to self-defense, to amend Section 13A-3-23, Code of Alabama 1975, to provide a person's use of physical force in defending himself, herself, or another person is presumed reasonable; to further provide for the immunity received by a person whose use of physical force on another person is justified self-defense; to shift the burden of proving a person's use of physical force is not justified to the state; and to make nonsubstantive, technical revisions to update the existing code language to current style

AL HJR66

Expressing support for the recapitalization of the KC-135 to the KC-46A for the 117th Air Refueling Wing

AL HJR286

Naming a two-mile portion of State Highway 137 in Covington County in Memory of General Underwood Cross

AL HB442

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL SB242

Legislature; codification of 2024 Regular Session Acts and Code Commissioner technical revisions into the Code of Alabama 1975

AL SB105

Relating to civil liability; to amend Section 6-5-332, Code of Alabama 1975, to limit the liability of members of any community emergency response team who perform emergency care at the scene of an accident or disaster.

AL HB217

Relating to gross income; to amend Section 40-18-14, Code of Alabama 1975; to exclude difficulty of care payments from gross income.

AL HB467

Taxation; to amend 40-18-14, Code of Alabama 1975, relating to overtime compensation

AL SB192

Legislature; codification of certain regular and special session acts and Code Commissioner Technical Revisions into the Code of Alabama 1975

AL HB293

Legislature; codification of certain regular and special session acts and Code Commissioner Technical Revisions into the Code of Alabama 1975

Similar Bills

AL SB198

Relating to sentencing; to amend Sections 12-25-34.2, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, 15-18-8, and 15-22-54, Code of Alabama 1975, to add additional offenses that would be subject to the presumptive sentencing guidelines; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy; to give a judge discretion when sentencing a person convicted of a Class C or Class D felony offense; 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.

MS HB1470

Corrections omnibus act; create.

MS HB1616

Criminal justice omnibus act; create.

SD SB52

Update certain provisions regarding the Department of Corrections and the authority of the Secretary of Corrections.

NV AB32

Makes various changes relating to criminal justice. (BDR 14-263)

OR HB4036

Relating to controlled substances; prescribing an effective date.

NV AB229

Revises provisions relating to sentencing. (BDR 16-461)

AZ SB1449

Historical prior felony conviction; definition