HB25 Alabama 2023 Session

Summary

Primary Sponsor

Parker MooreRepresentative

Republican

Session

Regular Session 2023

Title

Relating to criminal procedure; to amend Sections 13A-5-9 and 15-18-8, Code of Alabama 1975, to further provide for the sentencing of individuals convicted of violating a Class D felony.

Summary

HB25 would change how Alabama handles sentencing for people with prior felonies who commit a Class D felony, allowing a third or later Class D conviction to be treated as if it were a Class C felony, and expanding related sentencing options.

What This Bill Does

The bill creates a revised sentencing framework for defendants with prior Class A, B, or C felonies who commit new felonies, allowing a third or subsequent Class D conviction to be punished as if it were a Class C felony. It maintains and clarifies the escalating penalties for subsequent offenses of Class A/B/C felonies (C -> B, B -> A, A -> life or up to 99 years) and adds specific rules for D felonies after prior A/B/C felonies (leading to Class C). It broadens sentencing options to include confinement, probation, and community corrections, with rules for suspending parts of sentences and placing defendants on probation, plus provisions for local governments to form multi-county community corrections programs and for high-intensity probation if needed. It also preserves alignment with the Alabama Sentencing Commission standards and specifies an effective date three months after passage.

Who It Affects

• Defendants with prior Class A, B, or C felonies who commit another felony (especially Class D) and how their sentences may be determined under the bill
• Local governments, counties, and correctional agencies that operate probation, community corrections programs, and related supervision, including mechanisms for multi-county facilities

Key Provisions

• Amends 13A-5-9 to establish a sentencing ladder for offenders with prior A/B/C felonies who commit subsequent felonies, including allowing a third or subsequent Class D conviction to be punished as if it were a Class C felony
• Specifically provides that two prior felonies (Class A/B) followed by another Class D felony, or three or more prior felonies followed by a Class D felony, may result in a Class C-level punishment
• For prior A/B/C felonies and subsequent Class A/B/C offenses, sets escalating penalties (Class C leads to Class B, Class B leads to Class A, Class A leads to life or up to 99 years), with additional provisions for life sentences in certain cases
• Amends 15-18-8 to expand sentencing options for Class A/B/C/D offenses, including confinement, treatment, probation, and community corrections, with rules on suspension and placement on probation
• Authorizes counties to form multi-county community corrections facilities or contract with other counties to provide services when local resources are insufficient
• Allows high-intensity probation if no community corrections program exists, and includes conditions limiting certain probation options for sex offenses involving a child
• Provides that the act does not supersede the Alabama Sentencing Commission's standards and sets the effective date as the first day of the third month after passage

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

Subjects

Criminal procedure; to further provide for the sentencing of individuals convicted of violating a Class D felony