HB295 Alabama 2010 Session

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.