HB56 Alabama 2022 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2022

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whose sentences were based on the habitual felony offender act, Sec. 13A-5-14 added; Secs. 13A-5-9, 13A-5-10 repealed; Secs. 13A-5-6, 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, 32-5A-154, 32-5A-191 am'd.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

HB56 repeals the Habitual Felony Offender Act and creates a path to resentencing for those previously punished under it, while updating sentencing rules and related DUI, drug, and other penalties.

What This Bill Does

HB56 repeals the Habitual Felony Offender Act and adds a new provision (13A-5-14) to resentence defendants who were already sentenced under that Act, with the resentencing to be in the criminal division of the circuit court in the county of conviction. It also revises several sentencing standards across multiple sections to update language and penalties, and creates the Alabama Drug Trafficking Enterprise Act to impose tougher penalties for drug trafficking. It tightens DUI penalties with ignition interlock device requirements, license suspensions, and treatment referrals; it also clarifies that cruelty to a dog or cat is not counted as a felony for habitual offender purposes and makes technical corrections to various codes. The bill would take effect immediately and includes fiscal notes about local funding, but is exempt from local-funding requirements under the constitution.

Who It Affects

• Defendants who were sentenced under the Habitual Felony Offender Act and would be eligible for resentencing under the new standards.
• The courts (criminal division of circuit court), the Department of Corrections, the Board of Pardons and Paroles, prosecutors, and other state agencies tasked with implementing resentencing and enforcing the updated penalties (including DUI, drug trafficking, and related provisions).

Key Provisions

• Repeals the Habitual Felony Offender Act (13A-5-9 and 13A-5-10) and adds 13A-5-14 to provide resentencing for defendants previously sentenced under that Act; resentencing would occur in the circuit court where the conviction happened, with the original sentencing judge (or a successor) conducting the resentencing after a motion by the defendant, DOC, the prosecutor, or the court.
• Remedies and revisions to sentencing standards across multiple 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 update language and adjust penalties, including hate-crime penalties, animal cruelty classifications, drug trafficking schemes, and DUI-related penalties.
• Creates the Alabama Drug Trafficking Enterprise Act (13A-12-231 et al) with enhanced penalties for trafficking in cannabis, cocaine, illegal drugs, methamphetamine, synthetic controlled substances, and related drugs; imposes mandatory minimum terms and large fines; adds firearm-related enhancements and enterprise-level penalties; and ties penalties to the scale of the drug involved.
• Expands DUI-related penalties: requires ignition interlock devices, license suspensions, court referrals to DUI/substance-abuse programs, and set fees; imposes progressively harsher penalties for multiple offenses and extends interlock requirements during and after license suspensions; creates procedures for license restoration and restricted licenses.

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