HB229 Alabama 2023 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to sentencing; to add Section 13A-5-14 to the Code of Alabama 1975, to provide that an individual sentenced pursuant to the habitual felony offender law may be resentenced in certain circumstances; and to provide for the repeal of this section in five years.

Summary

HB229 creates a temporary path for resentencing or sentence reduction for certain habitual felony offenders and limits using nonviolent offenses to enhance sentences.

What This Bill Does

The bill adds a new section (13A-5-14) allowing eligible inmates sentenced under the habitual felony offender statute to file a motion for a reduced sentence if they meet specific conditions (their offense isn’t homicide, a sex offense, or an offense causing serious physical injury; they were sentenced to life without parole; and their sentence was final before May 26, 2000). The motion is heard in circuit court with opportunities for the district attorney and the victim to be heard, and the court may reduce the sentence or time served based on factors like the underlying offense, conduct in custody, age, re-entry prospects, and firearm involvement. The act also amends 13A-5-9 to bar nonviolent offenses from being used to enhance sentences under the habitual offender framework, and the new section is repealed five years after the act’s effective date. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Offenders currently serving or previously convicted under the habitual felony offender law who meet the criteria for possible resentencing (non-homicide, non-sex, non-serious-injury offenses; life without parole; final sentence before May 26, 2000).
• Defendants with nonviolent prior felonies who would no longer have those offenses used to enhance their sentences under the habitual offender framework.

Key Provisions

• Adds 13A-5-14 to allow eligible inmates to petition for a reduced sentence if they were sentenced under 13A-5-9 for offenses other than homicide, a sex offense, or serious physical injury, were sentenced to life without parole, and had a final sentence before May 26, 2000.
• Specifies venue and hearing process for reductions, including the right of the district attorney and the victim to be heard, and the possibility of a statement or testimony from the victim.
• Requires the court to consider factors such as the underlying offense, the defendant’s conduct in custody, age, re-entry program prospects, and whether a firearm was used, with considerable weight given to firearm use.
• Provides that a court cannot entertain a motion if a previous motion under this section was denied, and requires a hearing within 90 days of receipt of the motion.
• Allows a reduced sentence or time served under laws in effect at the time of the motion, while considering specified factors.
• Repeals 13A-5-14 five years after the act’s effective date.
• Amends 13A-5-9 to bar nonviolent offenses (as defined in 12-25-32) from being used to enhance sentences under subsections (a), (b), or (c).
• Effective date: the act becomes effective on the first day of the third month after passage and governor 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, further provide for sentencing of habitual felony offenders; to provide for resentencing in certain circumstances