SB196 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Crimes and offenses, criminal code chapters 1-4 and technical revisions, corporate entities, criminal liability, criminal facilitation offense created, entrapment defined, Secs. 13A-1-5.1, 13A-1-12, 13A-2-27, 13A-2-28, 13A-2-29, 13A-2-30, 13A-4-6 added; Secs. 13A-1-2, 13A-1-4, 13A-1-8, 13A-2-1, 13A-2-2, 13A-2-3, 13A-2-5, 13A-2-6, 13A-2-20 to 13A-2-24, inclusive, 13A-2-26, 13A-3-1, 13A-3-2, 13A-3-21, 13A-3-22, 13A-3-24, 13A-3-25, 13A-3-27, 13A-3-28, 13A-3-30, 13A-3-31, 13A-4-1, 13A-4-2, 13A-4-3 am'd.

Summary

SB 196 updates Alabama's Criminal Code with technical revisions and adds provisions on corporate liability, entrapment, criminal facilitation, and use-of-force rules for law enforcement.

What This Bill Does

It makes technical revisions to Chapters 1-4 of the Criminal Code and updates definitions (including law enforcement officer, marihuana/marijuana, and vehicle). It creates corporate criminal liability, detailing when a corporation can be held responsible for offenses by its agents or for omissions, and allows a due-diligence defense for high-level managers. It adds the crime of criminal facilitation and clarifies the use of deadly physical force by law enforcement and detention facility guards, while defining entrapment as a defense. It repeals the common law year-and-a-day rule, establishes pattern indictment forms, and sets an effective date of January 1, 2019, with an Amendment 621 local-funding exemption noted.

Who It Affects

• Corporations and other entities, including boards and high-level managers, who could be criminally liable for offenses committed by their agents or omitted by their oversight; includes a due-diligence defense for high-level managers.
• Law enforcement officers and detention facility guards (and individuals charged under the revised code) who are affected by updated use-of-force rules, entrapment protections, and the new criminal facilitation offense.

Key Provisions

• Updates to definitions in 13A-1-2 and 13A-1-4, including defining 'law enforcement officer,' making marihuana and marijuana interchangeable, and revising the definition of 'vehicle.'
• Creates corporate criminal liability under new sections (13A-2-27 to 13A-2-30): a corporation can be liable for offenses committed by agents acting within the scope of their office or by high managerial agents; includes liability for omissions and a due-diligence defense for high managers.
• Adds the crime of criminal facilitation (Section 13A-4-6): one who knowingly provides means or opportunity for another to commit an offense faces penalties that scale with the offense facilitated.
• Defines entrapment as a defense (Section 13A-3-31): entrapment occurs when a state officer induces a person to commit a crime the person would not have otherwise committed; defense requires evidence of government-inducing conduct and is unavailable in offenses where violence is an element.
• Delays to deadly physical force rules for law enforcement and detention facility guards: sets when deadly force is justified in making arrests, preventing escapes, or defending against imminent threats; includes special provisions for guards in detention facilities and for private persons in certain circumstances.
• Repeals the common-law year-and-a-day rule (Section 13A-1-5.1) and establishes pattern indictment/verdict forms (Section 13A-1-12); defines culpable mental states and expands for corporate accountability for acts performed in a corporation's name; effective date is January 1, 2019, with an Amendment 621 exemption note.

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