15-22-27.2
Section 15-22-27.2 Parole of persons sentenced to life imprisonment upon second convictions
of Class A felonies. In all cases where a criminal defendant has been convicted of a Class
A felony committed after a previous conviction of another Class A felony, and such second
conviction results in a sentence to imprisonment for life, he shall not be eligible for parole.
(Acts 1977, No. 640, p. 1088.)...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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13A-5-9
Section 13A-5-9 Habitual felony offenders - Additional penalties. (a) In all cases when it
is shown that a criminal defendant has been previously convicted of a Class A, Class B, or
Class C felony and after the conviction has committed another Class A, Class B, or Class C
felony, he or she must be punished as follows: (1) On conviction of a Class C felony, he or
she must be punished for a Class B felony. (2) On conviction of a Class B felony, he or she
must be punished for a Class A felony. (3) On conviction of a Class A felony, he or she must
be punished by imprisonment for life or for any term of not more than 99 years but not less
than 15 years. (b) In all cases when it is shown that a criminal defendant has been previously
convicted of any two felonies that are Class A, Class B, or Class C felonies and after such
convictions has committed another Class A, Class B, or Class C felony, he or she must be punished
as follows: (1) On conviction of a Class C felony, he or she must be...
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13A-10-152
Section 13A-10-152 Crime of terrorism. (a) A person is guilty of a crime of terrorism when,
with intent to intimidate or coerce a civilian population, influence the policy of a unit
of government by intimidation or coercion, or affect the conduct of a unit of government by
murder, assassination, or kidnapping, he or she commits a specified offense. (b)(1) When a
person is convicted pursuant to this section, and the specified offense is a Class B or Class
C felony, the crime of terrorism shall be deemed to be one class higher than the specified
offense the defendant committed, or one class higher than the offense level applicable to
the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever
is applicable. (2) Notwithstanding any other provision of law, when a person is convicted
of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony
other than murder, the sentence upon conviction of the offense shall be...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (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 death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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15-18-9
Section 15-18-9 Penalties for persons previously convicted of felonies. In all cases when it
is shown that a criminal defendant has been previously convicted of any felony and after such
conviction has committed another felony, he must be punished as follows: (1) On conviction
of a Class C felony, he must be punished for a Class B felony; (2) On conviction of a Class
B felony, he must be punished for a Class A felony; and (3) On conviction of a Class A felony,
he must be punished by imprisonment for life or for any term of not more than 99 years but
not less than 15 years. (Acts 1977, No. 643, p. 1091.)...
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13A-12-232
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum
term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc.,
of accessories, principals, etc. (a) Notwithstanding the provisions of Chapter 22, Title 15,
or any other provision of law, with respect to any person who is found to have violated Section
13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred,
or withheld, nor shall such person be eligible for any type of parole, probation, work release,
supervised intensive restitution program, release because of deduction from sentence for good
behavior under corrections incentive time act or any other program, furlough, pass, leave,
or any other type of early, conditional, or temporary release program, nor shall such person
be permitted to leave the penitentiary for any reason whatsoever except for necessary court
appearances and for necessary medical treatment, prior to serving...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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