HB271 Alabama 2023 Session

Summary

Primary Sponsor

Chris SellsRepresentative

Republican

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.

Summary

HB271 would eliminate Class D felonies, reclassify offenses formerly labeled Class D, and force immediate updates to sentencing standards and related laws, while updating code language and repealing several sections.

What This Bill Does

The bill removes the Class D felony category and repeals Class D offenses (including those created by Act 2015-185), then reclassifies current Class D offenses into other felony categories and adjusts penalties. It requires the Alabama Sentencing Commission to immediately modify its sentencing standards, worksheets, and instructions to conform to the new classifications and laws. It also repeals several specific code sections related to Class D offenses, makes nonsubstantive technical revisions to update language, and notes potential local funding impacts with constitutional exceptions that may allow implementation without a 2/3 local-vote. Additionally, it includes provisions that overhaul indigent defense funding and procedures, including appointing counsel for indigent defendants and juveniles and setting fee and reimbursement rules for appointed counsel.

Who It Affects

• Criminal defendants and potential defendants: classification and penalties would change as Class D felonies are removed and offenses are reclassified.
• Judges, prosecutors, defense attorneys, the Alabama Sentencing Commission, and local governments: must implement updated sentencing standards, recalibrate worksheets, and adjust procedures; also face changes to indigent defense funding and operations.

Key Provisions

• Eliminate the Class D felony classification and repeal Class D offenses (including those created by Act 2015-185); reclassify current Class D felonies into other categories with revised penalties.
• Require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions to align with current law and to adopt any necessary changes to reflect the reclassification.
• Repeal specific code sections related to Class D offenses (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) and make nonsubstantive technical revisions to update language.
• Implement broad changes to indigent defense: require appointment of counsel for indigent defendants and juveniles, set caps on fees for appointed counsel, provide for reimbursement of expenses, and establish procedures for interim payments and hearings.
• Note potential local funding impact: the bill indicates a new or increased local expenditure but is described as exempt from local-vote requirements under Section 111.05 due to stated exceptions.

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