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SB386 Alabama 2012 Session

Updated Jul 25, 2021
SB386 Alabama 2012 Session
Senate Bill
Enacted
Current Status
Regular Session 2012
Session
1
Sponsor

Summary

Primary Sponsor
Cam Ward
Republican
Session
Regular Session 2012
Title
Criminal sentences, modification of sentencing standard effective after submission unless rejected, truth-in-sentencing standards to be submitted to Legislature, sentencing standards made presumptive subject to modification for certain mitigating and aggravating circumstances, Secs. 12-25-3, 12-25-32, 12-25-34, 12-25-36 am'd. (2012-20412)
Description

Under existing law, voluntary sentencing standards for certain criminal offenders were submitted to the Legislature by the Sentencing Commission and approved by act of the Legislature.

Any modifications to the sentencing standards are required to be submitted by the Sentencing Commission to the Legislature and approved by act of the Legislature.

Also under existing law, the Sentencing Commission was charged with developing and presenting voluntary truth-in-sentencing standards to the Legislature for introduction and consideration by the Legislature during the 2011 Regular Session. Truth-in-sentencing standards have not been enacted.

This bill would provide for an additional district attorney and an additional victim of a violent felony to be added as voting members of the commission.

This bill would provide that the annual report of the Sentencing Commission would be required to be submitted to the Legislature within the first five legislative days of each regular session. Any recommendations for modifications to the voluntary sentencing standards in the annual report would become effective unless the Legislature by act rejects the modifications.

This bill would provide that the voluntary truth-in-sentencing standards would be required to be submitted to the Legislature in the 2020 Regular Session.

This bill would provide that the sentencing standards for specified offenses shall become presumptive effective October 1, 2013, subject to departures from the standards based on aggravating and mitigating circumstances and would direct the Sentencing Commission to adopt modifications and to recommend a standard of appellate review necessary to implement this provision.

Subjects
Crimes and Offenses

Bill Actions

Delivered to Governor at 11:26 a.m. on May 10, 2012

Assigned Act No. 2012-473.

Signature Requested

Enrolled

Concurred in Second House Amendment

Marsh motion to Concur In and Adopt adopted Roll Call 1274

Concurrence Requested

Motion to Read a Third Time and Pass adopted Roll Call 1420

Motion to Adopt adopted Roll Call 1419

Motion to Adopt adopted Roll Call 1418

Motion to Adopt adopted Roll Call 1417

JUDY 3rd Amendment Offered

JUDY 2nd Amendment Offered

JUDY 1st Amendment Offered

Third Reading Passed

Read for the second time and placed on the calendar 3 amendments

Read for the first time and referred to the House of Representatives committee on Judiciary

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 396

Ward motion to Adopt adopted Roll Call 395

Judiciary first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Motion to Read a Third Time and Pass

March 22, 2012 Senate Passed
Yes 28
No 1
Absent 6

Motion to Adopt

May 9, 2012 House Passed
Yes 91
Abstained 2
Absent 12

Motion to Adopt

May 9, 2012 House Passed
Yes 93
Abstained 2
Absent 10

Motion to Adopt

May 9, 2012 House Passed
Yes 96
Abstained 1
Absent 8

Marsh motion to Concur In and Adopt

May 11, 2012 Senate Passed
Yes 31
Abstained 2
Absent 2

Documents

Source: Alabama Legislature