Alabama 2025 Regular Session

Alabama House Bill HB43 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB43ENGROSSED~~
	1	+	HB43INTRODUCED
2	2		Page 0
3	3		HB43
4		-	~~N2HX88T-2~~
	4	+	MLD9WHW-1
5	5		By Representative Hill
6	6		RFD: Judiciary
7	7		First Read: 04-Feb-25
8	8		PFD: 11-Sep-24
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14		-	6 ~~HB43 Engrossed~~
	14	+	6 MLD9WHW-1 09/04/2024 CNB (L)bm 2024-2148
15	15		Page 1
16	16		PFD: 11-Sep-24
	17	+	SYNOPSIS:
	18	+	Under existing law, a judge may split the
	19	+	sentence of an offender who has received a sentence of
	20	+	20 years or less.
	21	+	This bill would allow for a judge to split the
	22	+	sentence of an offender who receives a sentence of 30
	23	+	years or less.
	24	+	Under existing law, while incarcerated or on
	25	+	probation, a judge may order a defendant to complete
	26	+	certain conditions.
	27	+	This bill would also allow a judge to order a
	28	+	defendant who is incarcerated or on probation to
	29	+	complete an accountability court.
17	30		A BILL
18	31		TO BE ENTITLED
19	32		AN ACT
20	33		Relating to criminal procedure; to amend Section
21	34		15-18-8, Code of Alabama 1975, to further provide for the
22	35		split-sentencing of offenders.
23	36		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24	37		Section 1. Section 15-18-8, Code of Alabama 1975, is
25	38		amended to read as follows:
26		-	"§15-18-8
27		-	(a) When a defendant is convicted of an offense, other
28		-	than a sex offense involving a child as defined in Section
29		-	15-20A-4, that constitutes is a Class A or Class B felony
30		-	offense, and receives a sentence of 20 30 years or less, the
31		-	judge presiding over the case may order:
32		-	(1) In cases where the defendant is convicted of a
33		-	Class A, Class B, Class C , or Class D felony and the imposed
34		-	sentence is not more than 15 years, that the convicted
35		-	defendant be confined in a prison, jail-type institution, or
36		-	treatment institution for a period not exceeding three years,
37		-	that the execution of the remainder of the sentence be
38		-	suspended notwithstanding any provision of the law to the
39		-	contrary, and that the defendant be placed on probation for a
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67		-	28 HB43 ~~Engrossed~~
	66	+	28 HB43 INTRODUCED
68	67		Page 2
	68	+	amended to read as follows:
	69	+	"§15-18-8
	70	+	(a) When a defendant is convicted of an offense, other
	71	+	than a sex offense involving a child as defined in Section
	72	+	15-20A-4, that constitutes is a Class A or Class B felony
	73	+	offense, and receives a sentence of 20 30 years or less, the
	74	+	judge presiding over the case may order:
	75	+	(1) In cases where the defendant is convicted of a
	76	+	Class A, Class B, Class C , or Class D felony and the imposed
	77	+	sentence is not more than 15 years, that the convicted
	78	+	defendant be confined in a prison, jail-type institution, or
	79	+	treatment institution for a period not exceeding three years,
	80	+	that the execution of the remainder of the sentence be
	81	+	suspended notwithstanding any provision of the law to the
69	82		contrary, and that the defendant be placed on probation for a
70	83		period as determined by the court.
71	84		(2) In cases where the defendant is convicted of a
72	85		Class A, Class B, or Class C felony and the imposed sentence
73	86		is greater than 15 years but not more than 20 years, that the
74	87		convicted defendant be confined in a prison, jail-type
75	88		institution, or treatment institution for a period of three to
76	89		five years, that the execution of the remainder of the
77	90		sentence be suspended notwithstanding any provision of the law
78	91		to the contrary, and that the defendant be placed on probation
79	92		for a period as determined by the court.
80	93		(3) In cases where the defendant is convicted of a
81	94		Class A, Class B, or Class C felony and the imposed sentence
82	95		is greater than 20 years but not more than 30 years, that the
83	96		convicted defendant be confined in a prison, jail-type
84		-	institution, or treatment institution for a minimum period of
85		-	10 years, that the execution of the remainder of the sentence
86		-	be suspended notwithstanding any provision of the law to the
87		-	contrary, and that the defendant be placed on probation for a
88		-	period as determined by the court. The minimum period of
89		-	confinement provided by this subdivision may not be served in
90		-	a county jail. Notwithstanding subsection (c), the court shall
91		-	not suspend or alter the minimum period of confinement
92		-	ordered.
93		-	(b) Probation may not be granted for a sex offense
94		-	involving a child as defined in Section 15-20A-4 that
95		-	constitutes is a Class A or Class B felony. Otherwise,
96		-	probation may be granted whether the offense is punishable by
97		-	fine or imprisonment or both. If an offense is punishable by
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125		-	56 HB43 ~~Engrossed~~
	124	+	56 HB43 INTRODUCED
126	125		Page 3
	126	+	convicted defendant be confined in a prison, jail-type
	127	+	institution, or treatment institution for a minimum period of
	128	+	10 years, that the execution of the remainder of the sentence
	129	+	be suspended notwithstanding any provision of the law to the
	130	+	contrary, and that the defendant be placed on probation for a
	131	+	period as determined by the court. Notwithstanding subsection
	132	+	(c), the court shall not suspend or alter the minimum period
	133	+	of confinement ordered.
	134	+	(b) Probation may not be granted for a sex offense
	135	+	involving a child as defined in Section 15-20A-4 that
	136	+	constitutes is a Class A or Class B felony. Otherwise,
	137	+	probation may be granted whether the offense is punishable by
127	138		fine or imprisonment or both. If an offense is punishable by
128	139		both fine and imprisonment, the court may impose a fine and
129	140		place the defendant on probation as to imprisonment. Probation
130	141		may be limited to one or more counts or indictments, but, in
131	142		the absence of express limitation, shall extend to the entire
132	143		sentence and judgment.
133	144		(c) Regardless of whether the defendant has begun
134	145		serving the minimum period of confinement ordered under
135	146		subsection (a) or (h), the court shall retain jurisdiction and
136	147		authority to suspend that portion of the minimum sentence that
137	148		remains and place the defendant on probation, notwithstanding
138	149		any provision of the law to the contrary, and the court may
139	150		revoke or modify any condition of probation or may change the
140	151		period of probation.
141	152		(d) While incarcerated or on probation and among the
142	153		conditions thereof, the defendant may be required to do any of
143	154		the following:
144		-	(1) To payPay a fine in one or several sums.
145		-	(2) To makeMake restitution or reparation to aggrieved
146		-	parties for actual damages or loss caused by the offense for
147		-	which conviction was had.
148		-	(3) To provideProvide for the support of any persons
149		-	for whose support he or she is legally responsible.
150		-	(4) Complete an accountability court, including, but
151		-	not limited to, drug court, veterans court, mental health
152		-	court, and theft court.
153		-	(e) Except as otherwise provided pursuant to Section
154		-	15-18-64, the defendant's liability for any fine or other
155		-	punishment imposed as to which probation is granted shall be
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183		-	84 HB43 ~~Engrossed~~
	182	+	84 HB43 INTRODUCED
184	183		Page 4
	184	+	the following:
	185	+	(1) To payPay a fine in one or several sums.
	186	+	(2) To makeMake restitution or reparation to aggrieved
	187	+	parties for actual damages or loss caused by the offense for
	188	+	which conviction was had.
	189	+	(3) To provideProvide for the support of any persons
	190	+	for whose support he or she is legally responsible.
	191	+	(4) Complete an accountability court, including, but
	192	+	not limited to, drug court, veterans court, mental health
	193	+	court, and theft court.
	194	+	(e) Except as otherwise provided pursuant to Section
	195	+	15-18-64, the defendant's liability for any fine or other
185	196		punishment imposed as to which probation is granted shall be
186	197		fully discharged by the fulfillment of the terms and
187	198		conditions of probation.
188	199		(f) During any term of probation, the defendant shall
189	200		report to the probation authorities at a time and place as
190	201		directed by the judge imposing the sentence.
191	202		(g) No defendant serving a minimum period of
192	203		confinement ordered under subsection (a) or (h)shall be
193	204		entitled to parole or to deductions from his or her sentence
194	205		under the Alabama Correctional Incentive Time Act, during the
195	206		minimum period of confinement so ordered; provided, however,
196	207		that this subsection shall not be construed to prohibit
197	208		application of the Alabama Correctional Incentive Time Act to
198	209		any period of confinement which may be required after the
199	210		defendant has served the minimum period.
200	211		(h) When a defendant is convicted of a misdemeanor or
201	212		convicted of a municipal ordinance, the judge presiding over
202		-	the case may impose a sentence in accordance with Section
203		-	13A-5-7. The court may order a portion of the sentence to be
204		-	suspended and the defendant be placed on probation for a
205		-	period not exceeding two years.
206		-	(i) Nothing in this section shall be construed to
207		-	impose the responsibility for offenders sentenced to a
208		-	Department of Corrections facility upon a local confinement
209		-	facility not operated by the Department of Corrections."
210		-	Section 2. This act shall become effective on October
211		-	1, 2025.
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237		-	110 HB43 Engrossed
	238	+	110
	239	+	111
	240	+	112 HB43 INTRODUCED
238	241		Page 5
	242	+	convicted of a municipal ordinance, the judge presiding over
	243	+	the case may impose a sentence in accordance with Section
	244	+	13A-5-7. The court may order a portion of the sentence to be
	245	+	suspended and the defendant be placed on probation for a
	246	+	period not exceeding two years.
	247	+	(i) Nothing in this section shall be construed to
	248	+	impose the responsibility for offenders sentenced to a
	249	+	Department of Corrections facility upon a local confinement
	250	+	facility not operated by the Department of Corrections."
	251	+	Section 2. This act shall become effective on October
239	252		1, 2025.
240		-	House of Representatives
241		-	Read for the first time and referred
242		-	to the House of Representatives
243		-	committee on Judiciary
244		-	................04-Feb-25
245		-	Read for the second time and placed
246		-	on the calendar:
247		-	1 amendment
248		-	................05-Feb-25
249		-	Read for the third time and passed
250		-	as amended
251		-	Yeas 55
252		-	Nays 44
253		-	Abstains 0
254		-	................11-Feb-25
255		-	John Treadwell
256		-	Clerk
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