SB382 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward Senator

Republican

Session

Regular Session 2019

Title

Crimes and offenses, to amend threshold amounts for theft and receiving stolen property offenses, drug offense, amend sentences for certain drug offenses, create add'l drug offenses, relating to sentencing, clarify community corrections programs, Secs. 13A-12-211.1, 13A-12-212.1, 15-10-3.1 added; Secs, 13A-5-9, 13A-5-10, 13A-5-10.1, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 13A-12-215, 13A-12-232, 13A-12-250, 13A-12-270 repealed; Secs. 12-25-34, 12-25-34.2, 12-25-36, 13A-5-6, 3A-5-8.1, 13A-12-231, 15-22-54, 13A-4-1, 13A-4-2, 13A-4-3, 13A-8-1, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-7, 13A-8-8, 13A-8-9, 13A-8-10, 13A-8-10.1, 13A-8-10.2, 13A-8-10.3, 13A-8-16, 13A-8-17, 13A-8-18, 13A-8-19, 13A-8-144, 13A-8-194, 13A-12-211 to 13A-12-214, inclusive, 13A-12-218, 40-17A-9,15-10-1, 15-20A-7, 15-20A-9 to 15-20A-18, inclusive, 15-20A-20, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-29, 15-20A-30, 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-36, 15-20A-37, 15-20A-39 am'd.

Description

Under existing law, theft of property offenses have threshold amounts established for each offense.

This bill would revise the threshold amounts for theft of property offenses.

Under existing law, receiving stolen property offenses have threshold amounts established for each offense.

This bill would revise the threshold amounts for receiving stolen property offenses.

This bill would revise the penalty for obstructing justice using a false identity.

This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses.

Under existing law, unlawful distribution of a controlled substance is a Class B felony.

This bill would create the crime of unlawful distribution of marijuana and provide penalties.

Under existing law, unlawful possession of a controlled substance is a Class D felony.

This bill would create the crime of unlawful possession of a controlled substance in the second degree and provide penalties.

Under existing law, a person commits the crime of unlawful possession of marijuana in the first degree if he or she possesses marijuana for other than personal use or possesses marijuana for personal use only after having been previously convicted of unlawful possession of marijuana in the second degree or in the first degree.

This bill would revise the elements of unlawful possession of marijuana in the first degree or provide that a person commits the crime if he or she possesses two or more ounces of marijuana and would prescribe new criminal penalties based on the number of prior violations.

Under existing law, a person commits the crime of unlawful possession of marijuana in the second degree if he or she possesses marijuana for personal use.

This bill would revise the crime of unlawful possession of marijuana in the second degree to provide that a person commits the crime if he or she possesses less than two ounces of marijuana and would change the criminal penalty to a fine only.

This bill would also provide that a person who is charged with, found not guilty of, or convicted of unlawful possession of marijuana in the first or second degree may have that charge, finding, or conviction expunged under certain circumstances.

Under existing law, unlawful manufacture of a controlled substance in the first degree is a Class A felony.

This bill would revise the circumstances that would constitute unlawful manufacture of a controlled substance in the first degree.

This bill would revise the penalty for a violation of failing to affix a tax stamp.

Under existing law, there are certain circumstances where an officer may arrest a person without a warrant.

This bill would provide that an officer may issue a summons, without an arrest warrant, in certain circumstances.

This bill would revise the criminal penalties for a violation of the Alabama Sex Offender Registration and Community Notification Act.

Under the existing habitual felony offender law, enhanced penalties are established for certain criminal offenses.

This bill would repeal the habitual felony offender laws.

This bill would also repeal enhancements for certain criminal offenses.

This bill would also revise the implementation date for truth-in-sentencing.

This bill would provide early parole of certain inmates in certain circumstances.

This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Crimes and Offenses