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.

Summary

HB270 gives judges more flexibility for third-felony cases and lets some fourth-felony Class A sentences include parole after 15 years, with retroactive parole reviews for affected inmates.

What This Bill Does

Allows discretion for sentencing a defendant with a third felony instead of a fixed sentence. For a fourth felony, it changes the penalty for Class A felonies so that, under conditions where the first felony did not involve active participation and there was no death or serious harm to the victim, no injury to a law enforcement officer, and no death or rape of a child 14 or younger, the sentence could be life with the possibility of parole after 15 years. It also requires retroactive review of current prisoners who would be affected by these changes and parole-eligibility reviews for those sentenced under the new rules.

Who It Affects

• Defendants who have two prior felonies and commit a third felony (they would face discretionary sentencing rather than a fixed penalty).
• Defendants who commit a fourth felony, especially Class A, who may now qualify for life with parole after 15 years if they meet the specified conditions; and inmates currently serving under the new rule who will have retroactive parole reviews by the parole board.

Key Provisions

• Third-felony sentencing: the bill adds judge discretion in determining the sentence after a defendant has three felonies.
• Fourth-felony Class A change: a fourth felony conviction that is Class A can be punished by life with the possibility of parole after 15 years, under conditions where the first felony did not involve active participation and the case did not involve death or serious harm to victims, including no death or rape of a child under 14.
• Retroactive/parole reviews: it requires retroactive review for defendants currently serving a term for a fourth felony under the amended rules, and it requires parole eligibility review for those sentenced under the new rules.
• Victim harm criteria: the parole-eligible fourth-felony Class A sentence applies only if the defendant was not an active participant in the first felony and the offenses did not involve death/injury to a victim or death/rape of a child under 14.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses