HB38 Alabama 2023 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2023

Title

Relating to sentencing; to amend Section 12-25-34.2, Code of Alabama 1975, to allow a judge to deviate from the presumptive sentencing standards if a defendant is convicted after requesting a trial.

Summary

HB38 would let a judge depart from presumptive sentencing standards for nonviolent offenses if the defendant was convicted after requesting a jury trial.

What This Bill Does

Currently, nonviolent offenders are sentenced under presumptive sentencing standards. HB38 would permit a judge to deviate from those guidelines in cases where the defendant was convicted after asking for a jury trial. Any deviation must be based on aggravating or mitigating factors and explained on the record, potentially affecting sentence length or disposition. The Alabama Sentencing Commission would update the guidelines to define these factors and establish how such departures are reviewed on appeal, with changes taking effect after governor approval.

Who It Affects

• Defendants who were convicted of a nonviolent offense after requesting a jury trial, who could receive a sentence that departs from the presumptive guidelines and must have reasons stated on the record.
• Judges and the Alabama Sentencing Commission, who would gain discretion to depart from guidelines in these cases and would be responsible for updating guidelines, defining departure factors, and shaping appellate review.

Key Provisions

• Adds a new provision allowing a judge to deviate from the presumptive sentencing standards if a defendant is convicted after requesting a jury trial.
• Requires the Alabama Sentencing Commission to modify the guidelines (including defining aggravating and mitigating factors, worksheets, and instructions) and to establish the scope of appellate review for departures, with modifications presented to the Legislature.

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

Subjects

Crimes and offenses, presumptive sentencing standards, deviations in certain circumstances