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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2010 Alabama Legislative Regular Session
  5. 2010 Alabama House Bills
  6. HB295 Alabama 2010 Session

HB295 Alabama 2010 Session

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In Committee

Bill Summary

Sponsors
  • Jamie Ison
Session
Regular Session 2010
Title
Criminal pleas of nolo contendere or no contest, admissible in this state for impeachment, use for purposes of Habitual Offender Act and for capital murder cases, Lisa Marie Nichols Justice for Victims Act
Description

Under existing law, a plea of nolo contendere or no contest cannot be used as a plea to a criminal charge. Also, under existing law, a criminal conviction from another state which is based upon a plea of nolo contendere is not admissible in Alabama as are other criminal convictions

This bill would provide that a conviction in another state based on a plea of nolo contendere or no contest would be admissible for impeachment purposes to the same extent as other criminal convictions. This bill would provide that a felony criminal conviction based on a plea of nolo contendere or no contest in another state would be used for sentence enhancement purposes under the Habitual Offender Act. The bill would also provide that a plea of nolo contendere or no contest for certain offenses in another state would be used as an aggravating circumstance upon a conviction of capital murder. The bill would also specify that a plea of nolo contendere or no contest is not available in this state to any person charged with a crime

Relating to criminal convictions based upon a plea of nolo contendere or no contest; to provide that a felony conviction in another state based upon a plea of nolo contendere or no contest is admissible to the same extent as other criminal convictions; to provide that a plea of nolo contendere or no contest in another state would be considered equivalent to a conviction under the Habitual Offender Act; to provide that a plea of nolo contendere or no contest for certain offenses in another state would be used as an aggravating circumstance upon a conviction of capital murder; and to specify that a plea of nolo contendere or no contest is not available in this state to any person charged with a crime.

Subjects
Criminal Law and Procedure

Bill Actions

Action DateChamberAction
April 14, 2010Indefinitely Postponed
February 18, 2010Oden, Greeson , Thomas (E), Hill and Galliher intended to vote Yea
February 18, 2010Ison motion to Table adopted Roll Call 350
February 18, 2010England Amendment Offered
February 18, 2010Motion to Adopt Rogers amendment adopted Roll Call 349
February 18, 2010Ward motion to reconsider adopted Voice Vote
February 18, 2010Oden, Greeson and Thomas (E) intended to vote Nay
February 18, 2010Motion to Adopt lost Roll Call 348
February 18, 2010Third Reading Carried Over
February 18, 2010Ison motion to Carry Over Temporarily adopted Voice Vote
February 18, 2010Rogers Amendment Offered
February 18, 2010Third Reading Carried Over
February 4, 2010Read for the second time and placed on the calendar
January 14, 2010Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Download HB295 Alabama 2010 Session PDF

Bill Votes

Ison motion to Table
2010-02-18
Chamber: House
Result: Passed
Motion to Adopt Rogers amendment
2010-02-18
Chamber: House
Result: Passed
Motion to Adopt
2010-02-18
Chamber: House
Result: Failed

Bill Documents

TypeLink
Bill Text HB295 Alabama 2010 Session - Introduced
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