SB198 Alabama 2023 Session

Sponsors

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, 13A-5-9, 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 modify the habitual felony offender law to include Class D felonies for consistency; 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

<p class="bill_description"> Under existing law, the Alabama Sentencing Commission has established presumptive sentencing guidelines to be used for certain nonviolent felonies</p><p class="bill_description"> This bill would add additional offenses that would be subject to the presumptive sentencing guidelines</p><p class="bill_description"> Under existing law, criminal penalties are established for a Class A, Class B, and Class C felony criminal solicitation, attempt, and criminal conspiracy offenses</p><p class="bill_description"> This bill would modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy to include Class D felonies for consistency</p><p class="bill_description"> Under existing law, Class C and Class D felony offenses must be sentenced to a split sentence</p><p class="bill_description"> This bill would remove this requirement, giving a judge discretion when sentencing a person convicted of a Class C or Class D felony offense</p><p class="bill_description"> Under the existing habitual felony offender law, enhanced penalties are established for certain criminal offenses</p><p class="bill_description"> This bill would modify the habitual felony offender law to include Class D felonies for consistency</p><p class="bill_description"> SB198 INTRODUCED This bill would also make nonsubstantive, technical revisions to update the existing code language to current style</p><p class="bill_description"> 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 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> Relating to sentencing; to amend Sections 12-25-34.2, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, SB198 INTRODUCED 13A-5-9, 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 modify the habitual felony offender law to include Class D felonies for consistency; 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. </p>