HB107 Alabama 2021 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

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defendants whose sentences were based on the habitual felony offender act, Sec. 13A-5-14 added; Secs. 13A-5-9, 13A-5-10 repealed; Secs. 13A-5-6, 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, 32-5A-154, 32-5A-191 am'd.

Summary

HB107 would repeal Alabama's Habitual Felony Offender Act and require resentencing for people previously sentenced under it, while updating several sentencing provisions and code language.

What This Bill Does

It repeals the Habitual Felony Offender Act and adds a new section (13A-5-14) to provide resentencing for defendants whose sentences were based on that act, using current sentencing standards at the time of resentencing. It specifies venue in the criminal division of the circuit court in the county where the defendant was convicted and requires the original sentencing judge to resentence eligible defendants after a hearing. It includes non-substantive, technical revisions to update the code language and revises the sentencing standards in several referenced sections. It also notes a local-funding provision under Amendment 621, stating the bill is exempt from those requirements and becomes effective immediately upon passage.

Who It Affects

• Defendants who were previously sentenced under the Habitual Felony Offender Act and are currently in custody or under supervision, who would be resentenced under the new process
• Judges, prosecutors, and the Department of Corrections involved in resentencing proceedings and in implementing the updated sentencing provisions

Key Provisions

• Repeal of Sections 13A-5-9 and 13A-5-10 (Habitual Felony Offender Act).
• Addition of Section 13A-5-14 to provide for resentencing of defendants whose sentences were based on the Habitual Felony Offender Act, with venue in the circuit court of the county of conviction and resentence by the original sentencing judge upon motion or as directed.
• Amendments to multiple code sections (13A-5-6, 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, 32-5A-154, 32-5A-191) to revise sentencing standards and update language to current style.
• Nonsubstantive, technical revisions to update code language and reflect current legal style.
• A provision relating to Amendment 621 (local expenditure rules) stating the bill is exempt from those requirements due to defining a new or amended crime, with recognition of potential local-funding implications.
• Immediate effectiveness: the act would become law immediately after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sentencing