SB152
173449-1:n:02/03/2016:FC/mfc LRS2016-366 SB152 By Senator Sanders RFD Judiciary Rd 1 09-FEB-16 SYNOPSIS: Under existing law, a person who commits a capital offense may be sentenced to death or life without parole. This bill would repeal the death penalty. A BILL TO BE ENTITLED AN ACT To amend Sections 13A-5-39, 13A-5-43, 13A-5-44, and 15-18-100, Code of Alabama 1975, relating to the death penalty; to remove death as a potential punishment for commission of a capital offense; to remove provisions relating to sentencing and the sentencing hearing; and to repeal Sections 13A-5-45, 13A-5-46, 13A-5-47, 13A-5-48, 13A-5-49, 13A-5-50, 13A-5-51, 13A-5-52, 13A-5-53, 13A-5-55, 13A-5-59, 15-18-80, 15-18-81, 15-18-82, 15-18-83, 15-18-84, 15-18-85, and 15-18-86, Code of Alabama 1975. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-5-39, 13A-5-43, 13A-5-44, and 15-18-100, Code of Alabama 1975, are amended to read as follows: §13A-5-39. "(1) CAPITAL OFFENSE. An offense for which a...
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HB323
Rep(s). By Representative Hill (J) HB323 ENROLLED, An Act, To amend Sections 13A-5-2, as last amended by Act 2015-463, 13A-5-39, 13A-5-43, and 13A-6-2, Code of Alabama 1975, relating to capital offenses, to provide that a person convicted of a capital offense committed when under the age of 18 years may, in the alternative, be sentenced to life imprisonment; to provide generally that a person convicted of a non-homicide crime committed when under the age of 18 years is subject to a maximum sentence of life imprisonment, rather than life imprisonment without parole; and to provide a burden of proof. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-5-2, as last amended by Act 2015-463, 13A-5-39, 13A-5-43, and 13A-6-2, Code of Alabama 1975, are amended to read as follows: §13A-5-2. "(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10. "(b) In addition to imprisonment,...
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HB338
174592-1:n:02/24/2016:JET/mfc LRS2016-578 HB338 By Representatives Pettus, Rowe, Harper, Weaver, Hill (M), Johnson (K), Henry, Collins, Nordgren, Patterson, Greer, Boothe, Lee, Ledbetter, Whorton (R) and McCutcheon RFD Judiciary Rd 1 25-FEB-16 SYNOPSIS: Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence. This bill would double the incarceration periods for convictions of first or second degree domestic violence if a child under the age of 18 years witnessed the domestic violence and would provide increased incarceration periods for a first conviction of third degree domestic violence if a child under the age of 18 years witnessed the domestic violence and enhanced penalties for second, third, or subsequent convictions of third degree domestic violence if a child witnessed the domestic violence. Also under existing law, a person who commits a capital offense may be sentenced to death or life without...
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HB446
175363-1:n:03/08/2016:JET/th LRS2016-1014 HB446 By Representative Jones RFD Judiciary Rd 1 17-MAR-16 SYNOPSIS: Under existing law, there are certain periods of confinement that may be imposed for parolees and probationers who violate the terms of parole or probation, with exceptions. Furthermore, significant revisions were made to the criminal justice, corrections, and probation and parole systems during the 2015 Regular Session (Act 2015-185). This bill would further clarify certain provisions of Act 2015-185, 2015 Regular Session, including clarification of when modifications to the initial voluntary sentencing standards are effective and the periods of confinement that may be imposed for violations and would specify that, prior to the imposition of confinement, the parolee or probationer must be presented with a written violation report. This bill would modify the predicate monetary values of theft of property in the third degree, theft of lost property in the third degree, theft of...
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SB349
SB349 ENGROSSED By Senator Ward A BILL TO BE ENTITLED AN ACT Relating to crimes and offenses, corrections, and pardons and paroles; to amend Sections 12-25-34, 13A-4-1, 13A-4-2, and 13A-4-3, Code of Alabama 1975, Sections 6, 7, 9, 11, and 18 of Act 2015-185, 2015 Regular Session, now appearing as Sections 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-22-26.2, and 15-22-29.1, Code of Alabama 1975, respectively, Sections 13A-5-6 and 15-18-8, Code of Alabama 1975, as last amended by Act 2015-463, 2015 Regular Session, and Sections 12-25-32, 15-18-172, 15-22-29, 15-22-32, 15-22-52, 15-22-54, and 29-2-20, Code of Alabama 1975, as last amended by Act 2015-185, 2015 Regular Session, to clarify when modifications to the initial voluntary sentencing standards are effective; to modify the predicate monetary values of theft of property in the third degree, theft of lost property in the third degree, theft of services in the third degree, and receiving stolen property in the third degree; to...
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SB117
173285-1:g:01/29/2016:FC/th LRS2016-286 SB117 By Senator Sanders RFD Judiciary Rd 1 02-FEB-16 SYNOPSIS: Under existing law, in a capital case, the jury may recommend to the court the sentence of a person convicted of a capital offense, but the court is not required to accept the jury's recommendation. This bill would prohibit a court from overriding a verdict by a jury in a capital case. A BILL TO BE ENTITLED AN ACT To amend Sections 13A-5-45, 13A-5-46, and 13A-5-47, Code of Alabama 1975, relating to capital cases and to the determination of the sentence by courts; to prohibit a court from overriding a jury verdict. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-5-45, 13A-5-46, 13A-5-47, Code of Alabama 1975, are amended to read as follows: §13A-5-45. "(a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant shall be sentenced to life imprisonment without parole or to...
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SB153
173445-1:n:02/03/2016:FC/mfc LRS2016-368 SB153 By Senator Sanders RFD Judiciary Rd 1 09-FEB-16 SYNOPSIS: Under existing law, the execution of a death sentence is performed by the warden of William C. Holman Prison, or his or her deputy, at Atmore, Alabama. This bill would place a moratorium on the death penalty for a period of three years until certain procedures are implemented to ensure that death penalty cases are administered fairly and impartially. A BILL TO BE ENTITLED AN ACT Relating to the death penalty; providing for a moratorium on the imposition and execution of the death penalty; and providing for the implementation of certain procedures for imposing the death sentence. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) There shall be a moratorium of three years on the imposition or execution, or both, of the death penalty pursuant to Article 2 of Chapter 5 of Title 13A of the Code of Alabama 1975. (b) During the moratorium provided in subsection (a), the following...
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HB486
156649-1:n:01/15/2014:FC/tan LRS2014-226 HB486 By Representative Coleman RFD Judiciary Rd 1 05-APR-16 SYNOPSIS: This bill would place a moratorium on the death penalty for a period of three years until certain procedures are implemented to ensure that death penalty cases are administered fairly and impartially. A BILL TO BE ENTITLED AN ACT Relating to the death penalty; providing for a moratorium on the imposition and execution of the death penalty; and providing for the implementation of certain procedures for imposing the death sentence. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) There shall be a moratorium of three years on the imposition or execution, or both, of the death penalty pursuant to Article 2 of Chapter 5 of Title 13A of the Code of Alabama 1975. (b) During the moratorium provided in subsection (a), the following procedures shall be implemented to ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and...
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SB255
SB255 ENGROSSED By Senator Orr A BILL TO BE ENTITLED AN ACT To amend Section 32-5A-191, Code of Alabama 1975, relating to driving under the influence of alcohol or controlled substances, to further define the offense; to prohibit a person from driving who has a measurable amount of specified substances in the person's body; to specify specific blood alcohol levels for drivers under the age of 21 and for those operating a school bus; to further provide for a minimum mandatory sentence for a fourth or subsequent violation; to remove the requirement that the court only consider a prior conviction within a five-year period; to further specify the timeframe for the release of persons arrested for driving under the influence; to reorganize provisions relating to driving under the influence, the suspension or revocation of driver licenses upon convictions, and ignition interlock requirements; and in connection therewith would have as its purpose or effect the requirement of a new or...
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HB458
175457-4:n:03/17/2016:JET/tj LRS2016-1011R3 HB458 By Representative Rowe RFD Judiciary Rd 1 22-MAR-16 SYNOPSIS: Under existing law, the commission of domestic violence is a crime, and there are provisions to protect domestic violence victims from further acts of violence. Furthermore, during the 2015 Regular Session, significant revisions were made to existing provisions in law governing domestic violence offenses and domestic violence protection orders (Act 2015-496). This bill would clarify certain provisions of Act 2015-496, including clarification of definitions, including dating relationships and household members, certain requirements for sworn petitions for protection orders, notice of hearing and service of process requirements, fines and penalties for violations of protection orders, arrests without warrants for violation of protection orders, release and bail of domestic violence offenders, and provisions governing domestic violence by strangulation or suffocation. Amendment...
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