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SB108
173052-1:n:01/15/2016:PMG/cj LRS2016-129 SB108 By Senator Whatley RFD Judiciary Rd 1 02-FEB-16
SYNOPSIS: Under existing law, a person charged with a crime that is committed when he or she
is under the age of 19 may be charged as a youthful offender. This bill would change the threshold
age of a youthful offender. This bill would specify that a judge may use his or her discretion
in determining whether to consider a prior adjudication as a youthful offender of a person
who subsequently commits another crime. This bill would also expunge the record of a youthful
offender. A BILL TO BE ENTITLED AN ACT Relating to youthful offenders; to amend Sections 15-19-1
and 15-19-7, as amended by Act 2015-463, Code of Alabama 1975; to change the threshold age
of a youthful offender; to specify that a judge may use his or her discretion in determining
whether to consider a prior adjudication as a youthful offender of a person who subsequently
commits another crime; and to expunge the record of a...
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SB377
176132-1:n:03/22/2016:KBH/tj LRS2016-1263 SB377 By Senators Pittman, Ward, Chambliss and Albritton
RFD Judiciary Rd 1 05-APR-16 SYNOPSIS: This bill would establish the Marshall James Walton
Highway Safety Act and would create the crime of homicide by vehicle or vessel. This bill
would provide that a person is guilty of homicide by vehicle or vessel if the person causes
the death of another person while knowingly engaged in the violation of any state law or municipal
ordinance applying to the operation or use of a vehicle, a vessel, or to the regulation of
traffic or boating, if the violation is the proximate cause of the death. This bill would
provide criminal penalties. Amendment 621 of the Constitution of Alabama of 1901, now appearing
as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as
amended, 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...
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SB231
173269-1:n:01/29/2016:KMS*/cj LRS2016-290 SB231 By Senator Ward RFD Judiciary Rd 1 16-FEB-16
SYNOPSIS: Under existing law, a person who commits a felony involving moral turpitude loses
his or her right to vote. This bill would create the Definition of Moral Turpitude Act to
establish a comprehensive list of felonies that involve moral turpitude. This bill would also
provide procedures for the Board of Pardons and Paroles and the Secretary of State to follow
to purge certain disqualified voters from voter registration lists. A BILL TO BE ENTITLED
AN ACT To add Section 17-3-30.1 to the Code of Alabama 1975, to create the Definition of Moral
Turpitude Act; to establish a comprehensive list of felonies that involve moral turpitude;
and to amend Sections 17-4-3 and 17-4-4, Code of Alabama 1975, relating to voter registration
lists, to provide procedures for the Board of Pardons and Paroles and the Secretary of State
to follow to purge certain disqualified voters from voter registration...
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HB405
175708-1:n:03/15/2016:JET/tj LRS2016-1131 HB405 By Representative England RFD Judiciary Rd
1 15-MAR-16 SYNOPSIS: Under existing law, a person charged with a misdemeanor criminal offense,
traffic violation, or municipal ordinance violation and certain felony offenses may petition
the circuit court to have the criminal record expunged if the charge was dismissed or if he
or she meets other limited conditions. This bill would provide for the expungement of convictions
for misdemeanor criminal offenses, traffic violations, or municipal ordinance violations and
certain Class C and Class D felony convictions, including those adjudicated as a youthful
offender, under limited circumstances. Also under existing law, the filing fee to expunge
a criminal charge is $300. This bill would provide for a filing fee of $500 for the expungement
of criminal convictions. A BILL TO BE ENTITLED AN ACT To amend Sections 115-27-1, 15-27-2,
15-27-3, 15-27-4, 15-27-6, 15-27-7, and 15-27-8, Code of Alabama 1975,...
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SB134
173351-1:n:02/02/2016:JMH/cj LRS2016-338 SB134 By Senator Holley RFD Judiciary Rd 1 03-FEB-16
SYNOPSIS: Under existing law, a person commits the crime of criminally negligent homicide
if he or she causes the death of another person by criminal negligence. Criminally negligent
homicide is a Class A misdemeanor unless the person commits the offense while driving a vehicle
or vessel while intoxicated. This bill would provide that a person commits the crime of criminally
negligent homicide if the person causes the death of another person as a result of operating
a motor vehicle, an aircraft, or a vessel while fatigued. Criminally negligent homicide under
these circumstances would be punishable as a Class C felony. Amendment 621 of the Constitution
of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution
of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to
require a new or increased expenditure of local...
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HB128
173203-1:n:01/26/2016:JMH/cj LRS2016-260 HB128 By Representative Hill (J) RFD Judiciary Rd
1 09-FEB-16 SYNOPSIS: Under existing law, a person commits the crime of murder if he or she
commits or attempts to commit certain felony offenses, and in the course of and in furtherance
of the crime that he or she is committing or attempting to commit, or in immediate flight
therefrom, he or she or another participant in the crime causes the death of any person. This
bill would provide that a person commits the crime of murder if he or she commits or attempts
to commit aggravated child abuse and he or she causes the death of another person during the
commission or attempt. Amendment 621 of the Constitution of Alabama of 1901, now appearing
as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as
amended, 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...
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HB257
164136-2:n:02/16/2016:FC/cj LRS2015-170R1 HB257 By Representative Todd RFD Judiciary Rd 1 18-FEB-16
SYNOPSIS: Under existing law, a person who possess marijuana for other than personal use or
who possesses marijuana for personal use and has previously been convicted of unlawful possession
of marijuana in the second degree is guilty of a Class C felony. Under existing law, a person
who possesses marijuana for his or her personal use is guilty of a Class A misdemeanor, punishable
by imprisonment for not more than one year, a fine of not more than six thousand dollars,
or a combination of imprisonment and a fine. This bill would define unlawful possession of
marijuana in the first degree as possession of over one ounce of marijuana and unlawful possession
of marijuana in the second degree as possession of one ounce of marijuana or less. This bill
would make the first offense of unlawful possession of marijuana in the second degree a violation,
punishable by a fine only. A BILL TO BE...
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HB422
175244-1:n:03/08/2016:LLR/th LRS2016-959 HB422 By Representatives Lee, Faust, McMillan, Rich,
Williams (JD), Ball and McCutcheon RFD Boards, Agencies and Commissions Rd 1 15-MAR-16 SYNOPSIS:
Under existing law, a person whose application for real estate licensure was rejected or real
estate license was revoked in any state on any grounds other than failure to pass a written
examination within the two years prior to the application may not be licensed. Also, a person
whose license has been revoked may not be relicensed without approval of the commissioners.
This bill would provide that a person whose application was rejected or real estate license
was revoked in any state more than two years prior to the application may not be licensed
without approval of the commissioners. This bill, before a real estate license could be issued,
would require the commission to conduct both state and national criminal history background
checks and require each applicant to submit required information 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: ยง13A-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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SB342
SB342 SYNOPSIS: Under existing law, the communication of a harassing communication by means
of telephone, mail, or other written or electronic communication is a crime punishable as
a Class C misdemeanor. This bill would create the crime of harassment by means of distribution
of a private image as defined, to apply when one person distributes a sexually explicit private
image of another person without permission and with intent to harass and provide that the
penalty would be a Class A misdemeanor. Amendment 621 of the Constitution of Alabama of 1901,
now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama
of 1901, as amended, 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...
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