AL
Alabama Senate Bill SB156

Alabama 2025 Regular Session

Alabama Senate Bill SB156 Compare Versions

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1+SB156INTRODUCED
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33 SB156
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55 By Senator Barfoot
66 RFD: Judiciary
77 First Read: 11-Feb-25
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12-5 SB156 Engrossed
12+5 YL496NN-1 02/11/2025 CMH (L)bm 2024-3237
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1414 First Read: 11-Feb-25
15+SYNOPSIS:
16+Under existing law, an individual who has
17+certain prior felony convictions may be given an
18+enhanced sentence based on his or her prior felony
19+convictions pursuant to the habitual felony offender
20+act.
21+This bill would provide that an individual whose
22+sentence has been enhanced pursuant to the habitual
23+felony offender act may be eligible to be resentenced
24+in certain circumstances.
25+This bill would provide for the automatic repeal
26+of this act on October 1, 2030.
27+This bill would also direct the Code
28+Commissioner to perform certain duties with respect to
29+collective references to the Alabama Board of Pardons
30+and Paroles.
1531 A BILL
1632 TO BE ENTITLED
1733 AN ACT
1834 Relating to sentencing; to add Section 13A-5-9.2 to the
1935 Code of Alabama 1975, to provide that an individual sentenced
20-pursuant to the habitual felony offender act may be
21-resentenced in certain circumstances; to amend Section
22-15-22-36.2, Code of Alabama 1975, to make conforming changes
23-to the statewide automated victim notification system; and to
24-further provide for the duties of the Code Commissioner with
25-respect to collective references to the Alabama Board of
26-Pardons and Paroles.
27-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28-Section 1. Section 13A-5-9.2 is added to the Code of
29-Alabama 1975, to read as follows:
30-§13A-5-9.2
31-(a) On or after October 1, 2025, an individual serving
32-a sentence in the custody of the Department of Corrections may
33-file a motion for a reduction in that sentence if the
34-individual satisfies all of the following:
35-(1) The individual is serving a sentence pursuant to
36-Section 13A-5-9, for any offense other than: (i) homicide, as
37-defined in Article 1 of Chapter 6 of this title; (ii) a sex
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65+Code of Alabama 1975, to provide that an individual sentenced
66+pursuant to the habitual felony offender act may be
67+resentenced in certain circumstances; and to further provide
68+for the duties of the Code Commissioner with respect to
69+collective references to the Alabama Board of Pardons and
70+Paroles.
71+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
72+Section 1. Section 13A-5-9.2 is added to the Code of
73+Alabama 1975, to read as follows:
74+§13A-5-9.2
75+(a) On or after October 1, 2025, an individual serving
76+a sentence in the custody of the Department of Corrections may
77+file a motion for a reduction in that sentence if the
78+individual satisfies all of the following:
79+(1) The individual is serving a sentence pursuant to
80+Section 13A-5-9, for any offense other than: (i) homicide, as
6781 defined in Article 1 of Chapter 6 of this title; (ii) a sex
6882 offense, as defined in Section 15-20A-5; (iii) attempted
6983 murder, pursuant to Section 13A-4-2; or (iv) an offense that
7084 caused serious physical injury or physical injury to another
7185 individual, as those terms are defined in Section 13A-1-2.
7286 (2) The individual is serving a sentence of life
7387 without the possibility of parole.
7488 (3) The individual received a final sentence at the
7589 trial court prior to May 26, 2000.
7690 (4) The individual has no prior convictions for any
7791 offense included in subdivision (1).
7892 (b) The individual shall file any motion for a
7993 reduction in sentence in the criminal division of the circuit
80-court in the county in which the individual was convicted. The
81-motion shall be heard by the original sentencing judge or his
82-or her successor, the presiding judge of the circuit, or a
83-retired judge as assigned by the Chief Justice of the Alabama
84-Supreme Court. If the court determines the inmate is eligible
85-for resentencing under subsection (a), the court shall hold a
86-hearing on the motion. The court shall dismiss the motion if
87-the court determines the inmate to be ineligible.
88-(c)(1) The circuit court clerk shall serve a copy of
89-the motion for a reduction in sentence on the district
90-attorney in the county of the conviction.
91-(2) The district attorney shall have an opportunity to
92-be heard on any motion filed pursuant to this section.
93-(3) The circuit court clerk shall serve a copy of the
94-motion for a reduction in sentence on the Office of the
95-Attorney General, which shall timely review within 42 days the
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125-Attorney General, which shall timely review within 42 days the
126-relevant indictment to verify whether any prohibited offenses
127-in subdivision (a)(1) have been committed by the inmate filing
128-the motion.
123+reduction in sentence in the criminal division of the circuit
124+court in the county in which the individual was convicted. The
125+motion shall be heard by the original sentencing judge or his
126+or her successor, the presiding judge of the circuit, or a
127+retired judge as assigned by the Chief Justice of the Alabama
128+Supreme Court.
129+(c)(1) The clerk of the court shall serve a copy of the
130+motion for a reduction in sentence on the district attorney in
131+the county of the conviction.
132+(2) The district attorney shall have an opportunity to
133+be heard on any motion filed pursuant to this section.
129134 (d) Any victim named in the indictment shall have an
130135 opportunity to be heard on any motion filed pursuant to this
131-section. A victim and any other interested party registered
132-for notice for the inmate in the statewide automated victim
133-notification system may also file a statement with the court
134-and may do so in lieu of testifying at a hearing.
135-(e)(1) The circuit court clerk shall notify the Victim
136-Notification Unit of the Bureau of Pardons and Paroles when a
137-motion is filed pursuant to this section and again when the
138-hearing has been set. Upon receipt of these notices, the
139-bureau shall exercise due diligence in attempting to locate
140-and notify each victim named in the indictment. The bureau,
141-when practicable, shall also provide notifications to any
142-victims named in the indictment and to any other interested
143-party registered for notice for the inmate through the
144-statewide automated victim notification system established
145-pursuant to Section 15-22-36.2. Each notification shall
146-include the pendency of the motion; the location, date, and
147-time of the hearing; information explaining the circumstances
136+section. A victim may file a statement with the court in lieu
137+of testifying at a hearing.
138+(e)(1) The circuit court clerk shall notify the Bureau
139+of Pardons and Paroles when a petition is filed pursuant to
140+this section and again when any hearing has been set. Upon
141+receipt of this notice, the bureau shall exercise due
142+diligence in attempting to locate and notify each victim named
143+in the indictment. The bureau, when practicable, shall provide
144+notifications through the statewide automated victim
145+notification system established pursuant to Section
146+15-22-36.2. Each notification shall include the pendency of
147+the motion; the location, date, and time of the hearing, if a
148+hearing has been set; information explaining the circumstances
148149 in which the defendant may be resentenced; notice that the
149150 victim has a right to be heard at the hearing through
150-in-person testimony, through a written victim impact
151-statement, or both; the name of the judge presiding over the
152-hearing; information about the offender, including his or her
153-name, crimes for which he or she was convicted, and the
151+in-person testimony or through a written victim impact
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183-name, crimes for which he or she was convicted, and the
184-sentence he or she received; how, where, and when to submit
185-written statements to the court; and contact information for
186-the appropriate district attorney. The court may not grant a
187-motion for resentencing pursuant to this section or hold a
188-hearing on such a motion until 30 days have passed following
181+in-person testimony or through a written victim impact
182+statement; and contact information for the appropriate
183+district attorney. The court may not grant a motion for
184+resentencing pursuant to this section or hold a hearing on
185+such a motion until 30 days have passed following
189186 certification by the bureau that it has completed the victim
190187 notification requirements of this subdivision as to the
191188 pendency of the motion or the holding of the hearing, as the
192189 case may be.
193190 (2) The circuit court clerk shall notify the
194191 investigating law enforcement agency at least 30 days prior to
195-any hearing on a motion filed pursuant to this section. The
196-notification shall include all of the information required
197-under subdivision (1).
198-(3) Immediately following an order entered by the
199-court, the circuit court clerk shall notify the Bureau of
200-Pardons and Paroles of the order.
192+any hearing on a motion filed pursuant to this section.
201193 (f) Within 10 days of any court order issued pursuant
202194 to this section, the bureau shall exercise due diligence to
203-notify any victim named in the indictment and any other
204-interested party registered for notice for the inmate in the
205-statewide automated victim notification system established
206-pursuant to Section 15-22-36.2.
195+notify any victim named in the indictment.
207196 (g) A court may impose a reduced sentence pursuant to
208197 the laws in effect at the time of the motion or may impose a
209198 sentence of time served.
210199 (h) When considering a motion made pursuant to this
211200 section, the court shall consider all of the following:
201+(1) The underlying offense.
202+(2) The individual's conduct while in the custody of
203+the Department of Corrections.
204+(3) The age of the individual at the time the motion is
205+filed, including relevant research regarding criminal behavior
206+as it relates to an individual's age.
207+(4) The individual's likelihood of success after
208+release based on the availability of a structured and
209+supportive re-entry program.
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241-section, the court shall consider all of the following:
242-(1) The underlying offense.
243-(2) The individual's conduct while in the custody of
244-the Department of Corrections.
245-(3) The age of the individual at the time the motion is
246-filed, including relevant research regarding criminal behavior
247-as it relates to an individual's age.
248-(4) The individual's likelihood of success after
249-release based on the availability of a structured and
250239 supportive re-entry program.
251240 (5) Whether the individual used a firearm in
252241 furtherance of the offense.
253-(6) Any objection or support for resentencing by a
254-victim named in the indictment.
242+(6) Any objection or absence of objection by a victim
243+named in the indictment.
255244 (i) A court shall give considerable weight to any
256-objection or support for resentencing by a victim named in the
257-indictment and any other interested party registered for
258-notice for the inmate in the statewide automated victim
259-notification system established pursuant to Section 15-22-36.2
260-or the use of a firearm in furtherance of the offense.
245+objection or absence of objection by a victim named in the
246+indictment or the use of a firearm in furtherance of the
247+offense.
261248 (j) A court may not entertain a motion made pursuant to
262249 this section if a previous motion made pursuant to this
263250 section was denied.
264251 (k) Nothing in this section may be construed to require
265252 a court to reduce any sentence.
266-(l) If the inmate who filed the motion is determined to
267-be eligible for resentencing pursuant to subsection (a), a
268-hearing on the motion shall occur; provided, the court may not
253+(l) If a court determines a hearing is necessary for
254+any motion filed pursuant to this section, the court may not
269255 hold a hearing on such a motion until 30 days have passed
256+following certification by the bureau that it has completed
257+the victim notification requirements set forth in subdivision
258+(e)(1).
259+(m) For the purposes of this section, all references to
260+a sentence, indictment, court, county, district attorney,
261+victim, or investigating law enforcement agency refer to the
262+sentence being served by the defendant that qualifies under
263+subsection (a) and the indictment, court, county, district
264+attorney, victim, and investigating law enforcement agency
265+related to that sentence and the crime that led to the
266+conviction.
267+(n) This section is repealed on October 1, 2030.
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299-hold a hearing on such a motion until 30 days have passed
300-following certification by the bureau that it has completed
301-the victim notification requirements set forth in subdivision
302-(e)(1).
303-(m) For the purposes of this section, all references to
304-a sentence, indictment, court, county, district attorney,
305-victim, or investigating law enforcement agency refer to the
306-sentence being served by the inmate who filed the motion under
307-subsection (a) and the indictment, court, county, district
308-attorney, victim, and investigating law enforcement agency
309-related to that sentence and the crime that led to the
310-conviction.
311297 (n) This section is repealed on October 1, 2030.
312-Section 2.
313-Section 15-22-36.2, Code of Alabama 1975, is amended to
314-read as follows:
315-"§15-22-36.2
316-(a) There is hereby created the Victim Notification
317-Implementation Task Force to guide and support the
318-implementation of a statewide automated victim notification
319-system in Alabama. The task force shall be composed of four
320-crime victims' rights advocates designated by the Attorney
321-General and one designee from each of the following: The Board
322-of Pardons and Paroles, the Department of Corrections, the
323-Alabama State Law Enforcement Agency, the Alabama Crime
324-Victims Compensation Commission, the District Attorneys
325-Association or a district attorney representative, the
326-Attorney General, the Administrative Office of Courts, the
327-Alabama Circuit Judges' Association, the Office of Prosecution
298+Section 2. (a) The Legislature recognizes that the
299+Alabama Board of Pardons and Paroles is composed of a
300+three-person board, each member of which is appointed by the
301+Governor, serves a six-year term of office, and meets
302+periodically throughout the year; and an executive staff
303+consisting of an executive director and other administrative
304+staff which together perform the day-to-day duties of the
305+agency. The Legislature also recognizes that the Alabama Board
306+of Pardons and Paroles has reorganized itself to distinguish
307+the duties of the three-person board and the executive staff
308+performing the day-to-day duties of the agency.
309+(b) The Code Commissioner is directed to examine all
310+collective references to the Alabama Board of Pardons and
311+Paroles and, where appropriate, distinguish between the
312+three-member board and the executive staff functions of the
313+agency. References to the duties and functions of the
314+three-member board shall be referred to as the "Alabama Board
315+of Pardons and Paroles" or "board," and references to the
316+executive staff and its duties and functions shall be referred
317+to as the "Bureau of Pardons and Paroles" or "bureau."
318+Section 3. This act shall become effective on October
319+1, 2025.
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357-Alabama Circuit Judges' Association, the Office of Prosecution
358-Services, the Alabama Circuit Clerk's Association, and any
359-other entity or organization as deemed appropriate by a
360-majority vote of the current representatives composing the
361-task force. The task force shall elect a chair to function as
362-the administrative head. The task force shall meet initially
363-by March 1, 2012, at the call of the Attorney General. The
364-task force shall meet not less than quarterly after January 1,
365-2012, and otherwise at the call of the chair or a majority
366-vote of the current task force representatives. Pursuant to
367-this section and Section 13A-5-9.2, Section 14-14-5, Section
368-15-22-23, Section 15-22-36, Section 15-22-36.3, and Section
369-15-22-26.2, the task force shall be responsible for overseeing
370-the development of the automated victim notification system by
371-the Alabama State Law Enforcement Agency and integration of a
372-process to automatically update victim information into the
373-automated victim notification system on a continual basis. The
374-task force shall also oversee a statewide public education and
375-awareness campaign for the implementation of the automated
376-victim notification system and shall be charged with
377-confirming, by majority vote, that the automated victim
378-notification system complies with the requirements of this
379-section and Section 13A-5-9.2, Section 14-14-5, Section
380-15-22-23, Section 15-22-36, Section 15-22-36.3, and Section
381-15-22-26.2. Approval from the task force shall not be required
382-for the validity of any action taken by any entity represented
383-on the task force in the exercise of any of the power or
384-authority granted to it by the Legislature.
385- (b) Immediately upon approval from the task force by
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415- (b) Immediately upon approval from the task force by
416-majority vote that the automated notification system complies
417-with the requirements of this section and Section 13A-5-9.2,
418-Section 14-14-5, Section 15-22-23, Section 15-22-36, Section
419-15-22-36.3, and Section 15-22-26.2, the task force shall
420-automatically convert to the Victim Notification Oversight
421-Council for the purpose of continuing to provide direction to
422-the Alabama State Law Enforcement Agency on development,
423-support, expansion, and maintenance of the automated
424-notification system. The council shall consist of those task
425-force representatives serving on the task force, including
426-appointees, at the time of conversion. Upon conversion,
427-representatives from partner agencies may be added by majority
428-vote of the council. The appointees designated by the Attorney
429-General shall serve four year terms to ensure that a variety
430-of victim advocates are included in the oversight of the
431-system. The Attorney General shall designate a replacement as
432-required at the expiration of the term of a victim advocate.
433-No victim advocate may be appointed for more than two
434-consecutive terms.
435- (c) The Board of Pardons and Paroles shall have
436-authority to carry out the enforcement of Sections 13A-5-9.2,
437-15-22-23, and 15-22-36, and the Department of Corrections
438-shall have authority to carry out the enforcement of Section
439-14-14-5, Section 15-22-36.3, and Section 15-22-26.2.
440-(d) The Alabama State Law Enforcement Agency shall be
441-required to develop, support, house, and maintain the
442-automated notification system referenced in this section and
443-Section 13A-5-9.2, Section 14-14-5, Section 15-22-23, Section
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473-Section 13A-5-9.2, Section 14-14-5, Section 15-22-23, Section
474-15-22-36, Section 15-22-36.3, and Section 15-22-26.2 for the
475-use of the Board of Pardons and Paroles and the Department of
476-Corrections to make automated notices as required. The system
477-shall additionally be used to make notices of an offender's
478-change in status or custody, or notices regarding criminal
479-justice proceedings deemed to be in the best interest of
480-Alabama crime victims and public safety, by a majority vote of
481-the task force or, after its conversion, the Victim
482-Notification Oversight Council. The automatic notification
483-system created by the Alabama State Law Enforcement Agency
484-shall be the automated notification system used by the state
485-in making notifications to the Alabama crime victims.
486-(e) There is hereby created a Victim Notification
487-System Fund in the State Treasury. The fund shall consist of
488-all monies appropriated for the development, expansion,
489-support, and maintenance of the automated victim notification
490-system by the Alabama State Law Enforcement Agency. Any monies
491-in the fund may be expended solely for the use of the victim
492-notification system. The Secretary of the Alabama State Law
493-Enforcement Agency may expend monies in the Victim
494-Notification System Fund solely at the request and direction
495-of the Victim Notification Implementation Task Force or, after
496-its conversion, the Victim Notification Oversight Council,
497-created by this section."
498-Section 3. (a) The Legislature recognizes that the
499-Alabama Board of Pardons and Paroles is composed of a
500-three-person board, each member of which is appointed by the
501-Governor, serves a six-year term of office, and meets
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531-Governor, serves a six-year term of office, and meets
532-periodically throughout the year; and an executive staff
533-consisting of an executive director and other administrative
534-staff which together perform the day-to-day duties of the
535-agency. The Legislature also recognizes that the Alabama Board
536-of Pardons and Paroles has reorganized itself to distinguish
537-the duties of the three-person board and the executive staff
538-performing the day-to-day duties of the agency.
539-(b) The Code Commissioner is directed to examine all
540-collective references to the Alabama Board of Pardons and
541-Paroles and, where appropriate, distinguish between the
542-three-member board and the executive staff functions of the
543-agency. References to the duties and functions of the
544-three-member board shall be referred to as the "Alabama Board
545-of Pardons and Paroles" or "board," and refereces to the
546-executive staff and its duties and functions shall be referred
547-to as the "Bureau of Pardons and Paroles" or "bureau."
548-Section 4. This act shall become effective on October
549-1, 2025.
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569-1, 2025.
570-Senate
571-Read for the first time and referred
572-to the Senate committee on Judiciary
573-................11-Feb-25
574-Read for the second time and placed
575-on the calendar:
576- 0 amendments
577-................20-Feb-25
578-Read for the third time and passed
579-as amended
580-Yeas 17
581-Nays 8
582-Abstains 0
583-................18-Mar-25
584-Patrick Harris,
585-Secretary.
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