HB351 Alabama 2013 Session
Summary
- Primary Sponsor
-
Allen FarleyRepublican - Co-Sponsors
- Mike JonesJim CarnsKurt WallaceWayne JohnsonMark TuggleAllen TreadawayMac McCutcheonTerri CollinsBecky Nordgren
- Session
- Regular Session 2013
- Title
- Sentencing, juvenile offenders convicted of capital offenses and certain non-capital offenses, maximum sentence of life without the possibility of parole for 40 years, Secs. 13A-5-2, 13A-5-39, 13A-5-43, 13A-6-2 am'd.
- Description
Under existing law, a person convicted of capital murder is sentenced to either the term of life without the possibility of parole or death. A person also must be sentenced to a minimum term of life without the possibility of parole for certain non-homicide offenses.
This bill would provide that a person under the age of 18 years at the time of the offense convicted of a capital offense or certain non-capital offenses punishable by a mandatory life sentence without the possibility of parole, may, in the alternative, be sentenced to life imprisonment without the possibility of parole for 40 years, in order to comply with recent United States Supreme Court decisions in Miller v. Alabama and Graham v.
Florida.
This bill also would provide that the juvenile defendant subject to this alternative sentence is eligible to apply for parole consideration only once, 40 years after the date the defendant began serving the sentence. If parole is denied at that time, the defendant will not be eligible for parole again, and the defendant is not eligible for any incentive time deductions under current law. The bill would provide that in capital murder cases, the procedures of this act would apply to defendants who have not yet been sentenced for capital murder on or after the effective date of the act, with certain exceptions.
- Subjects
- Crimes and Offenses
Bill Actions
Indefinitely Postponed
Pending third reading on day 12 Favorable from Judiciary with 1 substitute and 1 amendment
Judiciary first Amendment Offered
Read for the second time and placed on the calendar with 1 substitute and 1 amendment
Read for the first time and referred to the House of Representatives committee on Judiciary
Bill Text
Documents
Source: Alabama Legislature