SB198 Alabama 2023 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2023

Title

Relating to sentencing; to amend Sections 12-25-34.2, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, 15-18-8, and 15-22-54, Code of Alabama 1975, to add additional offenses that would be subject to the presumptive sentencing guidelines; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy; to give a judge discretion when sentencing a person convicted of a Class C or Class D felony offense; 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

SB198 broadens Alabama's sentencing rules by adding more offenses to presumptive guidelines, extends Class D penalties for certain crimes, gives judges more discretion for Class C/D felonies, and updates habitual offender rules and related sentencing provisions.

What This Bill Does

It expands the list of offenses subject to presumptive sentencing guidelines. It adds Class D felonies to the penalties for criminal solicitation, attempt, and conspiracy to align with other classes. It removes the mandatory split-sentence requirement for Class C and Class D felonies, giving judges more sentencing discretion. It updates habitual felony offender provisions to include Class D felonies and prescribes higher penalties for repeat offenders, while also modernizing related sentencing provisions and definitions; it includes non-substantive language updates and acknowledges local funding considerations, with an effective date of July 1, 2023.

Who It Affects

• Defendants convicted of Class C or Class D felonies (and offenses that could be treated as such under the new rules) who would face greater judicial discretion over sentencing length and disposition, and potentially new or altered penalties under habitual offender rules.
• Counties, community corrections programs, and the Alabama Sentencing Commission, which may face new duties, costs, and implementation responsibilities due to expanded sentencing options, community corrections guidance, and revised guidelines.

Key Provisions

• Expands presumptive sentencing guidelines to include additional offenses, broadening the set of cases governed by the sentencing standards.
• Modifies criminal solicitation, attempt, and criminal conspiracy penalties to include Class D felonies (aligning penalties with other felony classes).
• Eliminates the mandatory split sentence for Class C and Class D felonies, granting judges discretion in sentencing these offenses.
• Updates habitual felony offender law to include Class D felonies and provides escalated penalties for multiple prior offenses, with detailed gradations based on prior convictions.
• Adds and clarifies definitions and factors (aggravating/mitigating) and the scope of appellate review for departures from presumptive sentencing guidelines.
• Enhances sentencing options and procedures, including more use of probation, community corrections, confinement alternatives, and treatment programs, with related administrative and funding considerations.
• Includes nonsubstantive, technical revisions to modernize language and notes local-funding considerations under Section 111.05, while providing exceptions that avoid a required local vote or additional approvals.

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