HB38INTRODUCED
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9J3QPB-1
By Representative Hill
RFD: Judiciary
First Read: 07-Mar-23
PFD: 23-Feb-23
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5 9J3QPB-1 02/22/2023 CNB (L) tgw 2022-5036
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SYNOPSIS:
Under existing law, a judge must sentence an
offender convicted of a nonviolent offense pursuant to
the presumptive sentencing standards.
This bill would allow a judge to deviate from
the presumptive sentencing guidelines if a defendant is
convicted after requesting a trial.
A BILL
TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-25-34.2, Code of Alabama 1975, is
amended to read as follows:
"ยง12-25-34.2
(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
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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 that departs from the
presumptive sentence recommendation for an offender.
(3) DISPOSITION. The part of the sentencing
courtscourt's presumptive sentence recommendation other than
sentence 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 where 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 OFFENSESOFFENSE. 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
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departs from the presumptive sentence recommendation as to the
sentence range.
(10) VIOLENT OFFENSESOFFENSE. As defined in Section
12-25-32.
(b) The voluntary sentencing standards as provided for
in Section 12-25-34, as applied to a nonviolent offenses
offense shall become presumptive sentencing standards
effective October 1, 2013, to the extent the modification
adopted by the Alabama Sentencing Commission become effective
October 1, 2013. The standards shall be applied by the courts
in sentencing subject to departures as provided hereinin this
section. 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.
(c) Durational Except as provided in subsection (d),
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
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appellate review shall become effective upon approval by an
act of the Legislature enacted by bill.
(d) A judge may deviate from the presumptive sentencing
standards if a defendant is convicted of an offense after
requesting a jury trial. "
Section 2. This act shall become effective 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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