HB29 Alabama 2024 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2024

Title

Sentencing, habitual felony offenders sentencing further provided for; resentence in certain circumstances

Summary

HB29 would allow some people sentenced under Alabama's habitual felony offender law to seek resentencing in limited cases, and the provision would automatically sunset in 2029.

What This Bill Does

It creates a new path for eligible inmates to request a reduced sentence. It sets who can apply, where and how the process works, and how victims and prosecutors participate. It also outlines factors the court can consider and clarifies that reductions are not guaranteed and the section will expire in 2029.

Who It Affects

• Inmates serving a life without parole sentence who were sentenced under the habitual felony offender law for non-excluded offenses (and whose final sentence occurred before May 26, 2000) may file a motion for a reduced sentence.
• Victims of the crimes and the district attorneys involved, who must be notified, have the right to be heard, and participate in the resentencing process; the court and law enforcement agencies are also involved in the process.

Key Provisions

• Adds Section 13A-5-14 to allow eligible individuals sentenced under the habitual felony offender law to seek a reduced sentence through a motion.
• Eligibility criteria: (a) sentenced under 13A-5-9 for offenses other than homicide, certain sex offenses, or offenses causing serious physical injury; (b) sentenced to life without parole; (c) final sentence before May 26, 2000.
• Procedural framework: motion must be filed in the circuit court where convicted; heard by the original sentencing judge or successor, the presiding judge, or a retired judge; the district attorney and the victim have rights to be heard, with notice to the victim at least 30 days before the hearing.
• Court considerations: the court may impose a reduced sentence using laws in effect at the time of the motion or time served; factors include the underlying offense, conduct in custody, the defendant's age and potential for rehabilitation, re-entry prospects, and whether a firearm was used; previous denial of a motion under this section bars another motion; there is no mandatory reduction.
• Timelines and notifications: hearings must be held within 90 days of receiving the motion; the district attorney and the victim must be notified of the court's decision within 10 days; clerk must notify law enforcement of the outcome.
• Sunset and effective dates: the section would be repealed on October 1, 2029, and becomes effective on October 1, 2024.

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

Subjects

Criminal Procedure