SB259 Alabama 2011 Session

Summary

Primary Sponsor

William “Bill” M. BeasleySenator

Democrat

Co-Sponsor

Dick Brewbaker

Session

Regular Session 2011

Title

Felony offenders, certain 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

SB259 creates the First Time Felony Offender Act, letting eligible first-time felony defendants be evaluated for special 'first offender' status, with possible deferral of proceedings, probation or confinement, and record sealing upon successful completion.

What This Bill Does

Allows judges to defer further proceedings after verdict or guilty plea for eligible first-time felony defendants (excluding capital murder, Class A/B felonies, sex offenses, or certain Class C felonies) and to place them on probation or sentence them to up to three years of confinement. If the defendant completes all terms of probation, including any confinement, the case is discharged and the criminal record is sealed. The act creates a process for determining first-offender status and sets rules for how trials and supervision would work if a defendant is treated as a first offender.

Who It Affects

• Adults charged with a crime who have never been convicted of a felony and have no youthful offender adjudication, and who are charged with a non-excluded offense, may be examined to determine if they can be treated as a first offender.
• Defendants charged with capital murder, Class A or B felonies, a sex offense, or a Class C felony involving injury to a person are not eligible.
• Probation officers, courts, and the Alabama Sentencing Commission are affected by new processes and data access for first-offender cases.

Key Provisions

• Establishes the First Time Felony Offender Act to allow court examination and potential designation of a defendant as a first offender; if granted, the charge may be dismissed and the case moved toward probation and potential sealing.
• Provides sentencing options for a first-offender felony conviction: suspend or place on probation up to three years, impose a fine (up to $7,500), or commit to jail for up to three years; for misdemeanors, standard sentencing rules apply with fines up to $3,000.
• If the defendant completes terms of probation and any confinement, the underlying charge is discharged and records sealed; records related to first-offender adjudications are restricted from public inspection, with data access allowed to the Alabama Sentencing Commission.
• Trial of first offenders and related proceedings are conducted separately and may be conducted without a jury if the defendant does not plead guilty; statements made during examination are not admissible against the defendant.
• Effective date: becomes law on the first day of the third month after signing by the Governor.

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

Subjects

Crimes and Offenses