SB156INTRODUCED
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SB156
YL496NN-1
By Senator Barfoot
RFD: Judiciary
First Read: 11-Feb-25
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5 YL496NN-1 02/11/2025 CMH (L)bm 2024-3237
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First Read: 11-Feb-25
SYNOPSIS:
Under existing law, an individual who has
certain prior felony convictions may be given an
enhanced sentence based on his or her prior felony
convictions pursuant to the habitual felony offender
act.
This bill would provide that an individual whose
sentence has been enhanced pursuant to the habitual
felony offender act may be eligible to be resentenced
in certain circumstances.
This bill would provide for the automatic repeal
of this act on October 1, 2030.
This bill would also direct the Code
Commissioner to perform certain duties with respect to
collective references to the Alabama Board of Pardons
and Paroles.
A BILL
TO BE ENTITLED
AN ACT
Relating to sentencing; to add Section 13A-5-9.2 to the
Code of Alabama 1975, to provide that an individual sentenced
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Code of Alabama 1975, to provide that an individual sentenced
pursuant to the habitual felony offender act may be
resentenced in certain circumstances; and to further provide
for the duties of the Code Commissioner with respect to
collective references to the Alabama Board of Pardons and
Paroles.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-5-9.2 is added to the Code of
Alabama 1975, to read as follows:
ยง13A-5-9.2
(a) On or after October 1, 2025, an individual serving
a sentence in the custody of the Department of Corrections may
file a motion for a reduction in that sentence if the
individual satisfies all of the following:
(1) The individual is serving a sentence pursuant to
Section 13A-5-9, for any offense other than: (i) homicide, as
defined in Article 1 of Chapter 6 of this title; (ii) a sex
offense, as defined in Section 15-20A-5; (iii) attempted
murder, pursuant to Section 13A-4-2; or (iv) an offense that
caused serious physical injury or physical injury to another
individual, as those terms are defined in Section 13A-1-2.
(2) The individual is serving a sentence of life
without the possibility of parole.
(3) The individual received a final sentence at the
trial court prior to May 26, 2000.
(4) The individual has no prior convictions for any
offense included in subdivision (1).
(b) The individual shall file any motion for a
reduction in sentence in the criminal division of the circuit
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reduction in sentence in the criminal division of the circuit
court in the county in which the individual was convicted. The
motion shall be heard by the original sentencing judge or his
or her successor, the presiding judge of the circuit, or a
retired judge as assigned by the Chief Justice of the Alabama
Supreme Court.
(c)(1) The clerk of the court shall serve a copy of the
motion for a reduction in sentence on the district attorney in
the county of the conviction.
(2) The district attorney shall have an opportunity to
be heard on any motion filed pursuant to this section.
(d) Any victim named in the indictment shall have an
opportunity to be heard on any motion filed pursuant to this
section. A victim may file a statement with the court in lieu
of testifying at a hearing.
(e)(1) The circuit court clerk shall notify the Bureau
of Pardons and Paroles when a petition is filed pursuant to
this section and again when any hearing has been set. Upon
receipt of this notice, the bureau shall exercise due
diligence in attempting to locate and notify each victim named
in the indictment. The bureau, when practicable, shall provide
notifications through the statewide automated victim
notification system established pursuant to Section
15-22-36.2. Each notification shall include the pendency of
the motion; the location, date, and time of the hearing, if a
hearing has been set; information explaining the circumstances
in which the defendant may be resentenced; notice that the
victim has a right to be heard at the hearing through
in-person testimony or through a written victim impact
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in-person testimony or through a written victim impact
statement; and contact information for the appropriate
district attorney. The court may not grant a motion for
resentencing pursuant to this section or hold a hearing on
such a motion until 30 days have passed following
certification by the bureau that it has completed the victim
notification requirements of this subdivision as to the
pendency of the motion or the holding of the hearing, as the
case may be.
(2) The circuit court clerk shall notify the
investigating law enforcement agency at least 30 days prior to
any hearing on a motion filed pursuant to this section.
(f) Within 10 days of any court order issued pursuant
to this section, the bureau shall exercise due diligence to
notify any victim named in the indictment.
(g) A court may impose a reduced sentence pursuant to
the laws in effect at the time of the motion or may impose a
sentence of time served.
(h) When considering a motion made pursuant to this
section, the court shall consider all of the following:
(1) The underlying offense.
(2) The individual's conduct while in the custody of
the Department of Corrections.
(3) The age of the individual at the time the motion is
filed, including relevant research regarding criminal behavior
as it relates to an individual's age.
(4) The individual's likelihood of success after
release based on the availability of a structured and
supportive re-entry program.
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supportive re-entry program.
(5) Whether the individual used a firearm in
furtherance of the offense.
(6) Any objection or absence of objection by a victim
named in the indictment.
(i) A court shall give considerable weight to any
objection or absence of objection by a victim named in the
indictment or the use of a firearm in furtherance of the
offense.
(j) A court may not entertain a motion made pursuant to
this section if a previous motion made pursuant to this
section was denied.
(k) Nothing in this section may be construed to require
a court to reduce any sentence.
(l) If a court determines a hearing is necessary for
any motion filed pursuant to this section, the court may not
hold a hearing on such a motion until 30 days have passed
following certification by the bureau that it has completed
the victim notification requirements set forth in subdivision
(e)(1).
(m) For the purposes of this section, all references to
a sentence, indictment, court, county, district attorney,
victim, or investigating law enforcement agency refer to the
sentence being served by the defendant that qualifies under
subsection (a) and the indictment, court, county, district
attorney, victim, and investigating law enforcement agency
related to that sentence and the crime that led to the
conviction.
(n) This section is repealed on October 1, 2030.
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(n) This section is repealed on October 1, 2030.
Section 2. (a) The Legislature recognizes that the
Alabama Board of Pardons and Paroles is composed of a
three-person board, each member of which is appointed by the
Governor, serves a six-year term of office, and meets
periodically throughout the year; and an executive staff
consisting of an executive director and other administrative
staff which together perform the day-to-day duties of the
agency. The Legislature also recognizes that the Alabama Board
of Pardons and Paroles has reorganized itself to distinguish
the duties of the three-person board and the executive staff
performing the day-to-day duties of the agency.
(b) The Code Commissioner is directed to examine all
collective references to the Alabama Board of Pardons and
Paroles and, where appropriate, distinguish between the
three-member board and the executive staff functions of the
agency. References to the duties and functions of the
three-member board shall be referred to as the "Alabama Board
of Pardons and Paroles" or "board," and references to the
executive staff and its duties and functions shall be referred
to as the "Bureau of Pardons and Paroles" or "bureau."
Section 3. This act shall become effective on October
1, 2025.
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