SB198 Alabama 2023 Session

Summary

Primary Sponsor

Arthur Orr Senator

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.

Description

Under existing law, the Alabama Sentencing Commission has established presumptive sentencing guidelines to be used for certain nonviolent felonies.

This bill would add additional offenses that would be subject to the presumptive sentencing guidelines.

Under existing law, criminal penalties are established for a Class A, Class B, and Class C felony criminal solicitation, attempt, and criminal conspiracy offenses.

This bill would modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy to include Class D felonies for consistency.

Under existing law, Class C and Class D felony offenses must be sentenced to a split sentence.

This bill would remove this requirement, giving a judge discretion when sentencing a person convicted of a Class C or Class D felony offense.

Under the existing habitual felony offender law, enhanced penalties are established for certain criminal offenses.

This bill would modify the habitual felony offender law to include Class D felonies for consistency.

SB198 INTRODUCED 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 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.

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