Alabama Senate Bill SB198

Alabama 2023 Regular Session

• Introduced: 4/11/23
• Refer: 4/11/23
• Report Pass: 4/26/23
• Engrossed: 5/11/23
• Refer: 5/11/23
• Report Pass: 5/17/23
• Enrolled: 5/31/23
• Passed: 5/31/23

Caption

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.

Impact

The bill's passage will have significant implications for how certain felonies are prosecuted and sentenced in Alabama. By including more offenses under presumptive sentencing guidelines, SB198 aims to standardize how penalties are applied, potentially leading to more consistent sentencing outcomes across the state. The added judicial discretion for Class C and D felony offenses suggests a shift towards more individualized sentencing, where judges can take into account the specific circumstances of each case. This is expected to have a broad impact on the legal framework surrounding criminal justice in Alabama, especially for lower-tier felonies.

Summary

SB198, which was sponsored by Senator Orr, amends several sections of the Code of Alabama to update sentencing guidelines. The bill introduces additional offenses that will fall under presumptive sentencing guidelines and modifies penalties for criminal solicitation, attempt, and conspiracy. It aims to provide judges with greater discretion when sentencing individuals convicted of Class C and Class D felonies. This legislative effort is set against the backdrop of a push for reforming sentencing practices to better address a range of criminal behaviors while also reflecting contemporary legal standards.

Sentiment

Sentiment towards SB198 is mixed. Supporters argue that these changes are necessary for creating a more equitable and fair sentencing system that recognizes the nuances of individual cases. They believe the bill will help mitigate harsh penalties in situations that may not warrant them. Conversely, critics express concerns that increased discretion could lead to inconsistencies and potential biases in sentencing. They worry that without clear, mandatory guidelines, similar cases may receive different outcomes based solely on the judge's discretion, undermining the rule of law.

Contention

Key points of contention among legislators and stakeholders include the balance between judicial discretion and the need for structured sentencing guidelines. Advocates for reform highlight the importance of adapting to the evolving nature of criminal offenses, while opponents stress the risk of creating disparities in sentencing outcomes. Additionally, discussions have raised questions about the appropriateness of the changes for less serious offenses and whether the state is adequately preparing for the increased discretion afforded to judges, particularly regarding their training and accountability in exercising this discretion.