HB43ENGROSSED
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HB43
N2HX88T-2
By Representative Hill
RFD: Judiciary
First Read: 04-Feb-25
PFD: 11-Sep-24
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PFD: 11-Sep-24
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Section
15-18-8, Code of Alabama 1975, to further provide for the
split-sentencing of offenders.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-18-8, Code of Alabama 1975, is
amended to read as follows:
"ยง15-18-8
(a) When a defendant is convicted of an offense, other
than a sex offense involving a child as defined in Section
15-20A-4, that constitutes is a Class A or Class B felony
offense, and receives a sentence of 20 30 years or less, the
judge presiding over the case may order:
(1) In cases where the defendant is convicted of a
Class A, Class B, Class C , or Class D felony and the imposed
sentence is not more than 15 years, that the convicted
defendant be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years,
that the execution of the remainder of the sentence be
suspended notwithstanding any provision of the law to the
contrary, and that the defendant be placed on probation for a
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contrary, and that the defendant be placed on probation for a
period as determined by the court.
(2) In cases where the defendant is convicted of a
Class A, Class B, or Class C felony and the imposed sentence
is greater than 15 years but not more than 20 years, that the
convicted defendant be confined in a prison, jail-type
institution, or treatment institution for a period of three to
five years, that the execution of the remainder of the
sentence be suspended notwithstanding any provision of the law
to the contrary, and that the defendant be placed on probation
for a period as determined by the court.
(3) In cases where the defendant is convicted of a
Class A, Class B, or Class C felony and the imposed sentence
is greater than 20 years but not more than 30 years, that the
convicted defendant be confined in a prison, jail-type
institution, or treatment institution for a minimum period of
10 years, that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the
contrary, and that the defendant be placed on probation for a
period as determined by the court. The minimum period of
confinement provided by this subdivision may not be served in
a county jail. Notwithstanding subsection (c), the court shall
not suspend or alter the minimum period of confinement
ordered.
(b) Probation may not be granted for a sex offense
involving a child as defined in Section 15-20A-4 that
constitutes is a Class A or Class B felony. Otherwise,
probation may be granted whether the offense is punishable by
fine or imprisonment or both. If an offense is punishable by
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fine or imprisonment or both. If an offense is punishable by
both fine and imprisonment, the court may impose a fine and
place the defendant on probation as to imprisonment. Probation
may be limited to one or more counts or indictments, but, in
the absence of express limitation, shall extend to the entire
sentence and judgment.
(c) Regardless of whether the defendant has begun
serving the minimum period of confinement ordered under
subsection (a) or (h), the court shall retain jurisdiction and
authority to suspend that portion of the minimum sentence that
remains and place the defendant on probation, notwithstanding
any provision of the law to the contrary, and the court may
revoke or modify any condition of probation or may change the
period of probation.
(d) While incarcerated or on probation and among the
conditions thereof, the defendant may be required to do any of
the following:
(1) To payPay a fine in one or several sums.
(2) To makeMake restitution or reparation to aggrieved
parties for actual damages or loss caused by the offense for
which conviction was had.
(3) To provideProvide for the support of any persons
for whose support he or she is legally responsible.
(4) Complete an accountability court, including, but
not limited to, drug court, veterans court, mental health
court, and theft court.
(e) Except as otherwise provided pursuant to Section
15-18-64, the defendant's liability for any fine or other
punishment imposed as to which probation is granted shall be
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punishment imposed as to which probation is granted shall be
fully discharged by the fulfillment of the terms and
conditions of probation.
(f) During any term of probation, the defendant shall
report to the probation authorities at a time and place as
directed by the judge imposing the sentence.
(g) No defendant serving a minimum period of
confinement ordered under subsection (a) or (h)shall be
entitled to parole or to deductions from his or her sentence
under the Alabama Correctional Incentive Time Act, during the
minimum period of confinement so ordered; provided, however,
that this subsection shall not be construed to prohibit
application of the Alabama Correctional Incentive Time Act to
any period of confinement which may be required after the
defendant has served the minimum period.
(h) When a defendant is convicted of a misdemeanor or
convicted of a municipal ordinance, the judge presiding over
the case may impose a sentence in accordance with Section
13A-5-7. The court may order a portion of the sentence to be
suspended and the defendant be placed on probation for a
period not exceeding two years.
(i) Nothing in this section shall be construed to
impose the responsibility for offenders sentenced to a
Department of Corrections facility upon a local confinement
facility not operated by the Department of Corrections."
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................05-Feb-25
Read for the third time and passed
as amended
Yeas 55
Nays 44
Abstains 0
................11-Feb-25
John Treadwell
Clerk
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