House Bill 226 Alabama 2026 Session

Updated Feb 11, 2026

Summary

Primary Sponsor: Brock ColvinRepresentative
Republican
Session: 2026 Regular Session
Title: Habitual offender law; pleas of nolo contendere treated as a plea of guilty
Summary: HB226 would count out-of-state convictions and pleas of nolo contendere as guilty for habitual offender calculations in Alabama.
What This Bill Does
HB226 changes how habitual offender status is calculated by counting both in-state and out-of-state felonies as prior convictions. It also treats a plea of nolo contendere the same as a guilty plea for habitual offender purposes, and it extends that treatment to no contest, best interests, and Alford pleas unless the plea is expunged. It clarifies that any prior conviction, including those based on a plea, can trigger enhanced penalties if a new felony is committed, with an escalating punishment structure. The act would take effect on October 1, 2026.

Who It Affects
Defendants with prior Class A/B/C felonies (including out-of-state convictions) who commit another felony would face enhanced penalties under the habitual offender law.
Defendants who previously entered a nolo contendere plea (and similar pleas such as no contest, best interests, or Alford) would have those pleas counted as guilty for habitual offender purposes, increasing the chance of an enhancement.

Key Provisions
Amends Section 13A-5-9 to count both in-state and out-of-state felonies toward habitual offender status.
Treats nolo contendere, no contest, best interests, and Alford pleas as guilty for habitual offender purposes unless expunged.
Establishes an escalating sentencing framework for habitual offenders based on the number and class of prior felonies.
Defines 'convicted' to include out-of-state convictions and certain plea types for purposes of the habitual offender calculation.
Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes & Offenses