Relating to sentencing; to amend Section 12-25-34.2, Code of Alabama 1975, to allow a judge to deviate from the presumptive sentencing standards if a defendant is convicted after requesting a trial.
Impact
If enacted, HB 38 will directly influence the statutory framework surrounding sentencing protocols within Alabama's justice system. Specifically, it will empower judges to impose sentences that depart from standard presumptive recommendations, thereby acknowledging the defendant's right to a trial. Proponents of the bill argue that this could lead to more personalized and just sentencing outcomes, where factors specific to the case, such as the defendant's intentions or circumstances, can be taken into account, potentially reducing the harshness associated with mandatory guidelines.
Summary
House Bill 38 aims to amend Alabama's existing sentencing laws by allowing judges greater discretion when sentencing offenders convicted of nonviolent offenses. Under the current law, judges are mandated to adhere strictly to presumptive sentencing standards. The proposed legislation introduces a significant change by permitting judges to deviate from these standards if the offender is convicted after requesting a jury trial. This shift intends to expand judicial discretion and allow for the consideration of unique case circumstances during sentencing decisions.
Contention
Notable points of contention surrounding HB 38 stem from concerns over judicial inconsistency and potential inequities that could arise from expanded discretion. Critics argue that allowing judges to deviate significantly from established guidelines may result in disparate sentencing outcomes and undermine the uniformity that presumptive sentencing is designed to provide. Opponents fear that this could introduce bias or subjective interpretations by individual judges, which may disproportionately affect vulnerable populations. The debate reflects broader themes in the justice system regarding the balance between preserving structured sentencing frameworks and affording judges the flexibility needed to achieve equitable justice.
Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided
Convicted felons; restrictions on obtaining occupational licenses by convicted felons revised; certificate of employability for convicted felons created; immunity to employers provided
Crimes and offenses; further provide for the crime of murder, manslaughter, and assault in the first and second degree; provide enhanced sentencing; define machinegun
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.
Requiring that a criminal sentence be presumptive imprisonment if a person felony was committed against a person based on that person's actual or perceived race, color, religion, ethnicity, national origin or sexual orientation.
Creating a special sentencing rule to add 100 months to a sentence for distribution of a controlled substance when the substance involved is fentanyl and the distribution causes the death of a child.
Clarifying a special sentencing rule applicable to violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms.
Senate Substitute for HB 2010 by Committee on Judiciary - Updating a statutory cross reference to provide proper jury instruction in cases when a defendant lacks the required mental state to commit a crime; increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm; enacting the reduce armed violence act to increase the criminal penalties for certain violations of criminal possession of a weapon by a convicted felon that involve firearms; providing that the service of postrelease supervision period shall not toll except as otherwise provided by law; and allowing certain nondrug offenders to participate in a certified drug abuse treatment program.
Senate Substitute for HB 2436 by Committee on Federal and State Affairs - Creating the crime of coercion to obtain an abortion and providing enhanced criminal penalties for offenses committed with the intent to coerce a woman to obtain an abortion.