SB260 Alabama 2010 Session

Summary

Primary Sponsor

Harri Anne Smith

Republican

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

Summary

SB260 would allow out-of-state no contest (nolo contendere) pleas to be used for impeachment and for sentence enhancements or aggravating factors in Alabama, while keeping no contest pleas unavailable for defendants in Alabama itself.

What This Bill Does

If enacted, an out-of-state conviction based on a no contest plea would be admissible for impeachment in Alabama to the same extent as other convictions. A felony conviction from another state based on a no contest plea could be used for sentence enhancement under the Habitual Offender Act, and such a plea could serve as an aggravating factor in capital murder cases. The bill also requires Alabama courts to apply the governing law of the state where the plea was made, and it states that no one in Alabama would be able to enter a nolo contendere/no contest plea here. The act is titled the Lisa Marie Nichols Justice for Victims Act and would take effect the first day of the third month after lawmakers pass it and the Governor signs it.

Who It Affects

• Defendants charged with crimes in Alabama would still not be able to enter a nolo contendere/no contest plea in this state.
• People with out-of-state convictions based on a no contest/nolo contendere plea would be affected by possible impeachment use, sentence enhancements under the Habitual Offender Act, and potential aggravating weight in capital murder cases.

Key Provisions

• A no contest/no contest plea from another state is admissible for impeachment purposes in Alabama to the same extent as other convictions.
• Such a plea from another state may be used for sentence enhancement under the Habitual Offender Act (Section 13A-5-9).
• Such a plea from another state may be used as an aggravating circumstance in capital murder cases if the plea was for a capital offense or a violent felony (Section 13A-5-49(2)).
• Courts must treat the out-of-state plea according to the law of the jurisdiction where the plea was made (Section 2(d)).
• A nolo contendere/no contest plea is not available in Alabama to any person charged with a crime (Section 2(e)).
• The act would become effective on the first day of the third month after its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure