SB176INTRODUCED
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SB176
6VRP313-1
By Senator Barfoot
RFD: Judiciary
First Read: 18-Feb-25
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5 6VRP313-1 02/18/2025 CNB (L)CMH 2024-2887
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First Read: 18-Feb-25
SYNOPSIS:
Under existing law, unlawful distribution of a
controlled substance is a nonviolent offense and is
subject to the presumptive sentencing guidelines.
Under existing law, unlawful distribution of a
controlled substance includes selling, furnishing,
giving away, delivering, or otherwise distributing a
controlled substance in an unauthorized manner.
This bill would differentiate between: (i) the
unlawful selling of a controlled substance (ii) the
unlawful furnishing, giving away, or delivering of a
controlled substance.
This bill would establish that the unlawful sale
of a controlled substance is a violent offense and
therefore not subject to the presumptive sentencing
guidelines.
Under existing law, unlawful distribution of a
controlled substance includes the distribution of any
controlled substance enumerated in Schedules I through
V.
This bill would exclude marijuana from the
unlawful distribution of a controlled substance
statute.
This bill would create the crime of unlawful
distribution of marijuana and would provide for
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distribution of marijuana and would provide for
penalties for a violation.
Under existing law, if a person is convicted of
unlawful distribution of a controlled substance that
occurred on or near a school campus or within a
three-mile radius of a public housing project, the
sentencing judge shall impose an additional penalty of
five years to be run consecutive with the sentence for
the underlying conviction.
This bill would provide that a judge may impose
an additional five-year penalty if the distribution of
the controlled substance occurred on or near a school
campus or within a three-mile radius of a public
housing project.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
12-25-32 and 13A-12-211, Code of Alabama 1975, to further
provide for unlawful distribution of a controlled substance;
to establish that the unlawful sale of a controlled substance
is a violent offense and not subject to the presumptive
sentencing guidelines; to amend Sections 13A-12-250 and
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sentencing guidelines; to amend Sections 13A-12-250 and
13A-12-270, Code of Alabama 1975, to further provide for
sentencing enhancements relating to the unlawful distribution
of a controlled substance on or near a school campus and
within a three-mile radius of a public housing project; to add
Section 13A-12-211.1 to the Code of Alabama 1975, to create
the crime of unlawful distribution of marijuana and to provide
for penalties; and to make nonsubstantive, technical revisions
to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-25-32 and 13A-12-211, Code of
Alabama 1975, are amended to read as follows:
"§12-25-32
For the purposes of this article, the following terms
have the following meanings:
(1) COMMISSION. The Alabama Sentencing Commission,
established as a state agency under the Supreme Court by this
chapter.
(2) CONTINUUM OF PUNISHMENTS. An array of punishment
options, from probation to incarceration, graduated in
restrictiveness according to the degree of supervision of the
offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an
intermediate punishment or unsupervised probation, that
requires an offender to serve a sentence of imprisonment. The
term includes time served in a work release program operated
as a custody option by the Alabama Department of Corrections
or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7 , commencing
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Department of Corrections pursuant to Article 7 , commencing
with Section 15-18-110, of Chapter 18 of Title 15.
b. Intermediate Punishment. A sentence that may include
assignment to any community based punishment program or may
include probation with conditions or probation in conjunction
with a period of confinement. Intermediate punishments
include, but are not limited to, all of the following options:
1. A split sentence pursuant to Section 15-18-8.
2. Assignment to a community punishment and corrections
program pursuant to the Alabama Community Punishment and
Corrections Act, Article 9 of Chapter 18 of Title 15 or local
acts.
3. Assignment to a community based manual labor work
program pursuant to Sections 14-5-30 to 14-5-37,
inclusiveArticle 2 of Chapter 5 of Title 14 .
4. Intensive probation supervision pursuant to Section
15-22-56.
5. Cognitive and behavioral training.
6. Community service work.
7. County probation.
8. Day fines or means-based fines.
9. Day reporting.
10. Drug or alcohol testing.
11. Drug court programs.
12. Educational programs.
13. Electronic monitoring.
14. Home confinement or house arrest.
15. Ignition interlock.
16. Intermittent confinement.
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16. Intermittent confinement.
17. Jail and prison diversion programs.
18. Job readiness and work.
19. Literacy and basic learning.
20. Pretrial diversion programs.
21. Residential drug treatment.
22. Residential community based punishment programs in
which the offender is required to spend at least eight hours
per day, or overnight, within a facility and is required to
participate in activities such as counseling, treatment,
social skills training, or employment training, conducted at
the residential facility or at another specified location.
23. Restorative justice as established in Section
12-17-226.6.
(i) Victim impact panels.
(ii) Voluntary victim offender conferencing.
(iii) Voluntary victim offender mediation.
24. Self-help groups.
25. Sobrietor or breath alcohol remote monitoring.
26. Substance abuse education and treatment.
27. Treatment alternatives to street crime (TASC).
28. Voice recognition, curfew restriction, or
employment monitoring.
29. Work release, other than those work release
programs operated by the Alabama Department of Corrections, as
a custody option.
c. Unsupervised Probation. A sentence in a criminal
case that includes a period of probation but does not include
supervision, active incarceration, or an intermediate
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supervision, active incarceration, or an intermediate
punishment.
d. Post-release Supervision. A mandatory period of
supervision following sentences of active incarceration as
defined in paragraph a. that may include one or more
intermediate punishment options.
(3) COURT. Unless otherwise stated, a district or
circuit court exercising jurisdiction to sentence felony
offenders.
(4) EVIDENCE-BASED PRACTICES. Policies, procedures,
programs, and practices proven by widely accepted and
published research to reliably produce reductions in
recidivism.
(5) FELONY OFFENSE. A noncapital felony offense.
(6) INITIAL VOLUNTARY STANDARDS. The voluntary
sentencing standards effective on October 1, 2006. These
standards were based on statewide historic sentences imposed
with normative adjustments designed to reflect current
sentencing policies.
(7) NONVIOLENT OFFENSE. All offenses which are not
violent offenses.
(8) NONVIOLENT OFFENDER. Any offender who does not
qualify as a violent offender pursuant to subdivision (14).
(9) OFFENDER. A person convicted of a noncapital felony
offense.
(10) RELEASE AUTHORITY. Any public official, agency, or
other entity authorized by law to release a sentenced offender
from incarceration or other conditions of a sentence.
(11) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial
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(11) VALIDATED RISK AND NEEDS ASSESSMENT. An actuarial
tool that has been validated and established by administrative
rule in Alabamathis state to determine the likelihood of an
offender engaging in future criminal behavior. The Board of
Pardons and Paroles and the Department of Corrections shall
adopt compatible tools to conduct a validated risk and needs
assessment upon offenders within the jurisdiction of the
state. A validated risk and needs assessment shall include,
but not be limited to, an offender's prior criminal history,
the nature and severity of the present offense, and potential
for future violence.
(12) TRUTH-IN-SENTENCING STANDARDS. Truth in sentencing
is scheduled to become effective October 1, 2020.
(13) UNDER SUPERVISION. All offendersOffenders under
the supervision of any criminal justice agency or program
including, but not limited to, any of the following entities:
a. The Alabama Department of Corrections.
b. State or county probation offices.
c. Community corrections programs pursuant to Alabama
Community Corrections Act.
d. Jails.
e. State or local law enforcement agencies.
f. Any court.
(14) VIOLENT OFFENDER. A violent offender is an An
offender who has been convicted of a violent offense, or who
is determined by the trial court judge or a release authority
to have demonstrated a propensity for violence, aggression, or
weapons related behavior based on the criminal history or
behavior of the offender while under supervision of any
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behavior of the offender while under supervision of any
criminal justice system agency or entity.
(15) VIOLENT OFFENSE.
a. For the purposes of this article, a violent offense
includes each of the following offenses, or any substantially
similar offense to those listed in this subdivision created
after June 20, 2003:
1. Capital murder pursuant to Sections 13A-6-2 and
13A-5-40.
2. Murder pursuant to Section 13A-6-2.
3. Manslaughter pursuant to Section 13A-6-3.
4. Criminally negligent homicide pursuant to Section
13A-6-4.
5. Assault Iin the first degree pursuant to Section
13A-6-20.
6. Assault IIin the second degree pursuant to Section
13A-6-21.
7. Compelling street gang membership pursuant to
Section 13A-6-26.
8. Kidnapping Iin the first degree pursuant to Section
13A-6-43.
9. Kidnapping IIin the second degree pursuant to
Section 13A-6-44.
10. Rape Iin the first degree pursuant to Section
13A-6-61.
11. Rape IIin the second degree pursuant to Section
13A-6-62.
12. Sodomy Iin the first degree pursuant to Section
13A-6-63.
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13A-6-63.
13. Sodomy IIin the second degree pursuant to Section
13A-6-64.
14. Sexual torture pursuant to Section 13A-6-65.l.
15. Sexual abuse Iin the first degree pursuant to
Section 13A-6-66.
16. Enticing a child to enter a vehicle for immoral
purposes pursuant to Section 13A-6-69.
17. Stalking in the first degree pursuant to Section
13A-6-90.
18. Aggravated stalking in the first degree pursuant to
Section 13A-6-91.
19. Soliciting a child by computer pursuant to Section
13A-6-110.
20. Domestic violence Iin the first degree pursuant to
Section 13A-6-130.
21. Domestic violence IIin the second degree pursuant
to Section 13A-6-131.
22.26. Burglary Iin the first degree pursuant to
Section 13A-7-5.
23.27. Burglary IIin the second degree pursuant to
Section 13A-7-6.
24.28. Burglary IIIin the third degree pursuant to
subdivision (1) or subdivision (2) of subsection (a) of
Section 13A-7-7(a)(1) or (2).
25.29. Arson Iin the first degree pursuant to Section
13A-7-41.
26.30. Criminal possession of explosives pursuant to
Section 13A-7-44.
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Section 13A-7-44.
27.31. Extortion Iin the first degree pursuant to
Section 13A-8-14.
28.32. Robbery Iin the first degree pursuant to
Section 13A-8-41.
29.33. Robbery IIin the second degree pursuant to
Section 13A-8-42.
30.34. Robbery IIIin the third degree pursuant to
Section 13A-8-43.
31.35. Pharmacy robbery pursuant to Section 13A-8-51.
32.36. Terrorist threats pursuant to Section 13A-10-15.
33.37. Escape Iin the first degree pursuant to Section
13A-10-31.
34.38. Promoting prison contraband Iin the first degree
pursuant to Section 13A-10-36, involving a deadly weapon or
dangerous instrument.
35.40. Intimidating a witness pursuant to Section
13A-10-123.
36.41. Intimidating a juror pursuant to Section
13A-10-127.
37.44. Treason pursuant to Section 13A-11-2.
38.45. Discharging a weapon into an occupied building,
dwelling, automobile, etc., pursuant to Section 13A-11-61.
39.46. Promoting prostitution Iin the first degree
pursuant to Section 13A-12-111.
40.47. Production of obscene matter involving a minor
pursuant to Section 13A-12-197.
48. Sale of a controlled substance pursuant to Section
13A-12-211(a)(1).
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13A-12-211(a)(1).
41.49. Trafficking pursuant to Section 13A-12-231.
42.50. Child abuse pursuant to Section 26-15-3.
51. Aggravated child abuse pursuant to Section
26-15-3.1.
43.52. Elder abuse pursuant to Section 38-9-7.
44.42. Terrorism pursuant to Section 13A-10-152.
45.43. Hindering prosecution for terrorism pursuant to
Section 13A-10-154.
46.22. Domestic violence IIIin the third degree
pursuant to subsection (d) of Section 13A-6-132 (d).
47.23. Domestic violence by strangulation or
suffocation pursuant to Section 13A-6-138.
48.24. Human trafficking Iin the first degree pursuant
to Section 13A-6-152.
49.25. Human trafficking IIin the second degree
pursuant to Section 13A-6-153.
50.39. Hindering prosecution in the first degree
pursuant to Section 13A-10-43.
51.53. Any substantially similar offense for which an
Alabama offender has been convicted under prior Alabama law or
the law of any other state, the District of Columbia, the
United States, or any of the territories of the United States.
b. The basis for defining these offenses as violent is
that each offense meets at least one of the following
criteria:
1. Has as an element, the use, attempted use, or
threatened use of a deadly weapon or dangerous instrument or
physical force against the person of another.
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physical force against the person of another.
2. Involves a substantial risk of physical injury
against the person of another.
3. Is a nonconsensual sex offense.
4. Is particularly reprehensible.
c. Any attempt, conspiracy, or solicitation to commit a
violent offense shall be considered a violent offense for the
purposes of this article.
d. Any criminal offense whichthat meets the criteria
provided in paragraph b. enacted after 2003."
"§13A-12-211
(a) A person commits the crime of unlawful distribution
of controlled substances if, except as otherwise authorized,
he or she sells, furnishes, gives away, delivers, or
distributes does either of the following:
(1) Sells a controlled substance enumerated in
Schedules I through V, excluding marijuana. For the purpose of
this subdivision, "sells" means to exchange a controlled
substance enumerated in Schedules I through V, excluding
marijuana, for money or its equivalent.
(2) Furnishes, gives away, delivers, or otherwise
distributes a controlled substance enumerated in Schedules I
through V, excluding marijuana .
(b) Unlawful distribution of controlled substances is a
Class B felony.
(c) A person commits the crime of unlawful possession
with intent to distribute a controlled substance if, except as
otherwise authorized by law, he or she knowingly possesses any
of the following quantities of a controlled substance:
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of the following quantities of a controlled substance:
(1) More than eight grams, but less than 28 grams, of
cocaine or of any mixture containing cocaine.
(2) More than two grams, but less than four grams, of
any mixture of morphine, opium, or any salt, isomer, or salt
of an isomer thereof, including heroin or any mixture
containing Fentanyl or any synthetic controlled substance
Fentanyl or any synthetic controlled substance Fentanyl
analogue, as described in Sections 20-2-23 and 20-2-25.
(3) More than eight grams, but less than 28 grams, of
3,4-methylenedioxy amphetamine 3,4-methylenedioxyamphetamine ,
or of any mixture containing 3,4-methylenedioxy
amphetamine3,4-methylenedioxyamphetamine .
(4) More than eight grams, but less than 28 grams, of
5-methoxy-3, 4-methylenedioxy
amphetamine5-methoxy-3,4-methylenedioxyamphetamine , or of any
mixture containing 5-methoxy-3, 4-methylenedioxy
amphetamine5-methoxy-3,4-methylenedioxyamphetamine .
(5) More than eight grams, but less than 28 grams, of
amphetamine or any mixture containing amphetamine, its salt,
optical isomer, or salt of its optical isomer thereof.
(6) More than eight grams, but less than 28 grams, of
methamphetamine or any mixture containing methamphetamine, its
salts, optical isomers, or salt of its optical isomers
thereof.
(7) More than one-half gram, but less than one gram, of
Fentanyl or any synthetic controlled substance Fentanyl
analogue, as a single component.
(d) Unlawful possession with intent to distribute a
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(d) Unlawful possession with intent to distribute a
controlled substance is a Class B felony."
"§13A-12-250
In addition to any penalties heretofore or hereafter
provided by law for any person convicted of an unlawful sale
distribution of a controlled substance, there is hereby
imposed pursuant to Section 13A-12-211(a)(1), the court may
impose a penalty of five years incarceration in a state
corrections facility with no provision for probation if the
situs of suchthe unlawful sale was on the campus or within a
three-mile radius of the campus boundaries of any public or
private school, college, university , or other educational
institution in this state."
"§13A-12-270
In addition to any penalties heretofore or hereafter
provided by law for any person convicted of an unlawful sale
distribution of a controlled substance, there is hereby
imposedpursuant to Section 13A-12-211(a)(1), the court may
impose a penalty of five years incarceration in a state
corrections facility with no provision for probation if the
situs of suchthe unlawful sale was within a three-mile radius
of a public housing project owned by a housing authority."
Section 2. Section 13A-12-211.1 is added to the Code of
Alabama 1975, to read as follows:
§13A-12-211.1
(a) A person commits the crime of unlawful distribution
of marijuana if, except as otherwise authorized, he or she
sells, furnishes, gives away, delivers, or distributes
marijuana.
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marijuana.
(b) Unlawful distribution of marijuana is a Class B
felony.
Section 3. This act shall become effective on October
1, 2025.
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