HB1 Alabama 2023 Session

Updated Apr 17, 2023

House Bill

Enacted

Current Status

Regular Session 2023

Session

Sponsor

Summary

Primary Sponsor: Matt Simpson Representative
Republican
Session: Regular Session 2023
Title: Relating to controlled substances; to amend Section 13A-12-231, Code of Alabama 1975; to add mandatory minimums for certain felony drug trafficking crimes; to provide for additional penalties for subsequent offenses; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Description: Under existing law, there is a mandatory sentencing scheme in place which includes mandatory terms of imprisonment and fines for any person who knowingly sells, manufactures, delivers, or is in possession of various controlled substances. The terms of imprisonment and fines are determined by the weight of the controlled substance involved in the offense.
Under existing law, a person who knowingly sells, manufactures, delivers, or is in possession of four or more grams of any mixture containing Fentanyl, or any synthetic controlled substance Fentanyl analogue, is subject to various mandatory terms of imprisonment and fines.
Existing law provides only for fines concerning the unlawful sale, manufacture, delivery, or possession of Fentanyl as a single component.
This bill would provide for mandatory terms of imprisonment for a person who engages in the unlawful sale, manufacture, delivery, or possession of one or more grams of Fentanyl as a single component.
This bill would also impose additional criminal penalties for subsequent violations.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect HB1 INTRODUCED 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.