HB270 Alabama 2010 Session

Summary

Primary Sponsor

Thad McClammy

Democrat

Co-Sponsors

Chris EnglandJames C. Fields

Session

Regular Session 2010

Title

Habitual felony offender, alternative sentences for third felony conviction, mandatory penalty for fourth Class A felony conviction revised under certain circumstances, retroactive review for certain persons, Sec. 13A-5-9 am'd.

Description

Under existing law, there is no discretion in sentencing a person convicted of a third felony offense.

This bill would allow discretion for determining the sentence for conviction for a third felony.

Under existing law, a person convicted of a fourth felony offense is sentenced to an enhanced penalty. If any of the prior convictions was for a Class A felony the penalty is life without the possibility of parole.

This bill would allow the trial court to sentence a person to life with the possibility of parole upon the fourth felony conviction.

Existing law, for purposes of determining the sentence for conviction of a fourth felony, does not distinguish between types of felonies for the first conviction.

This bill would provide that if the person convicted of a fourth felony was not an active participant in the commission of the first felony and the offense did not result in the death of the victim, injury or death to a law enforcement officer, or the death or rape of a child 14 years of age or under, the sentence for a fourth conviction that is for a Class A felony would be imprisonment for life with the possibility of parole after 15 years and would require retroactive review of any criminal defendant currently serving a term of imprisonment sentenced for a fourth felony conviction pursuant to this amendatory bill.

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Subjects

Crimes and Offenses