HB107 Alabama 2021 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2021

Title

Sentencing, to revise sentencing standards in certain circumstances, to repeal habitual felony offender act, to provide for resentencing for defendants whose sentences were based on the habitual felony offender act, Sec. 13A-5-14 added; Secs. 13A-5-9, 13A-5-10 repealed; Secs. 13A-5-6, 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, 32-5A-154, 32-5A-191 am'd.

Description

Under the existing habitual felony offender act, enhanced penalties are established for felony criminal defendants who have been previously convicted of one or more felony offenses.

This bill would repeal the Habitual Felony Offender Act.

This bill would provide for resentencing for defendants whose sentences were based on the Habitual Felony Offender Act.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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

Sentencing