HB271 Alabama 2023 Session

Sponsors

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Sections 12-25-34.2, 13A-5-3, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-6-184, 13A-8-4, 13A-8-5, 13A-8-8, 13A-8-9, 13A-8-10.2, 13A-8-10.3, 13A-8-10.6, 13A-8-18, 13A-8-19, 13A-9-3, 13A-9-4, 13A-9-7, 13A-9-14, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-291, 15-12-21, 15-13-209, 15-18-8, 15-22-54, 8-7A-20, 12-25-33, 26-23F-6, and 28-1-8, Code of Alabama 1975, to eliminate the Class D felony offense; reclassify certain felony offenses; to require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions; repeal Sections 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 13A-9-3.1, and 13A-9-6.1; to make nonsubstantive, technical revisions to update the existing code language to current style; 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

Act 2015-185 created a new Class D felony classification and created penalties for Class D felony offenses.

Additionally, Act 2015-185 reclassified certain crimes and offenses, creating certain Class D felony offenses.

This bill would eliminate the Class D felony classification and reclassify current Class D felony offenses.

This bill would repeal Class D felony offenses created by Act 2015-185 and any criminal offense classified as a Class D felony offense.

This bill would require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions necessary to comply with current law.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect 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 HB271 INTRODUCED 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.

Relating to crimes and offenses; to amend Sections 12-25-34.2, 13A-5-3, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-6-184, 13A-8-4, 13A-8-5, 13A-8-8, 13A-8-9, 13A-8-10.2, 13A-8-10.3, 13A-8-10.6, 13A-8-18, 13A-8-19, 13A-9-3, 13A-9-4, 13A-9-7, 13A-9-14, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-291, 15-12-21, 15-13-209, 15-18-8, 15-22-54, 8-7A-20, 12-25-33, 26-23F-6, and 28-1-8, Code of Alabama 1975, to eliminate the Class D felony offense; reclassify certain felony offenses; to require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and HB271 INTRODUCED instructions; repeal Sections 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 13A-9-3.1, and 13A-9-6.1; to make nonsubstantive, technical revisions to update the existing code language to current style; 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.