HB128 Alabama 2011 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2011

Title

Felony offenders, defendants without prior felony conviction or youthful offender adjudication allowed to apply for special status as first offender under certain conditions, First Time Felony Offender Act

Summary

HB128 would create a First Time Felony Offender status in Alabama, allowing eligible first-time felony defendants to have their case deferred or sentenced with the possibility of a discharged case and sealed record if they complete terms up to three years of probation or confinement.

What This Bill Does

It establishes the First Time Felony Offender Act and allows a judge to review whether a first-time felony defendant with no prior felony or youthful offender adjudication should be treated as a first offender. With the defendant's consent, the court may arraign as a first offender or proceed without jury, and if designated, may suspend the sentence, place the defendant on probation up to three years, or impose a fine, and in some cases order confinement up to three years. If the defendant completes all terms of probation or confinement, the case is discharged and the criminal record is sealed, and records are treated confidentially.

Who It Affects

• Defendants who are charged with a felony for the first time, are at or above the age of majority, have no prior felony conviction or youthful offender adjudication, and meet other eligibility criteria.
• Judges, probation officers, and the court system, who would investigate eligibility, decide on first offender status, supervise probation, conduct trials for first offenders (separate from others), and implement the terms of any sentence.

Key Provisions

• Establishes the First Time Felony Offender Act to allow eligible defendants to be considered as first offenders and possibly have their case discharged and record sealed after successful completion of terms.
• Eligibility criteria: crime after age of majority, not capital murder or Class A felony; offense involves moral turpitude or carries a potential sentence of one year or more; no previous felony conviction or youthful offender adjudication; defendant must consent to examination and to trial without a jury if designated.
• Procedural process: court may arraign the defendant as a first offender or allow normal action; if designated, proceedings for first offenders are conducted separately and, if tried, may occur before a judge without a jury.
• Admissibility: statements made during the examination are generally not admissible as evidence against the defendant, though may be considered at sentencing.
• Sentencing options for a felony first offender: suspend imposition or execution of the sentence, place on probation up to three years, impose a fine (up to $7,500; or up to $3,000 for misdemeanors), or commit to county jail or the state corrections system for up to three years.
• Probation supervision: defendants on probation are supervised by the appropriate probation or community corrections agency.
• Record and confidentiality: first offender records are not public by default; fingerprints and photos are restricted; the Alabama Sentencing Commission may access data for analysis.
• Effect of successful completion: the defendant's case is discharged and the criminal record is sealed.
• Youthful offender restriction: a person previously adjudicated as a youthful offender cannot be considered a first offender under this act.
• Effective date: the act becomes law on the specified date after enactment.

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