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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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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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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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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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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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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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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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SB127
SB127 By Senator Williams ENROLLED, An Act, To amend Section 13A-8-1 of the Code of Alabama
1975, and to add Sections 13A-8-3.1 and 13A-8-3.2 to the Code of Alabama 1975; to define cargo
theft and fifth wheel tampering; to provide penalties; and in connection therewith would have
as its purpose or effect the requirement of a new or increased expenditure of local funds
within the meaning of 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. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 13A-8-1 of the Code
of Alabama 1975, is amended to read as follows: §13A-8-1. "The following definitions
are applicable in this article unless the context otherwise requires: "(1) DECEPTION
occurs when a person knowingly: "a. Creates or confirms another's impression which is
false and which the defendant does not believe to be true; or "b. Fails to correct a
false...
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HB442
175889-1:n:03/16/2016:JET/tj LRS2016-1211 HB442 By Representative Hill (J) RFD Judiciary Rd
1 17-MAR-16 SYNOPSIS: This bill would create the Alabama RICO (Racketeer Influenced and Corrupt
Organizations) Act to provide criminal penalties and other sanctions for those who engage
in racketeering activity or patterns of racketeering activity. This bill would prohibit a
person, through a pattern of racketeering activity or proceeds derived therefrom, from acquiring
or maintaining, directly or indirectly, any interest in or control of any enterprise, real
property, or personal property of any nature, including money, and would prohibit a person
employed by or associated with any enterprise to conduct or participate in, directly or indirectly,
an enterprise through a pattern of racketeering activity. This bill would allow courts to
enjoin certain violations of the act to protect the rights of innocent persons and would provide
that all property of every kind used or derived from a pattern of...
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HB80
173266-1:n:01/28/2016:KBH/mfc LRS2016-308 HB80 By Representatives Pettus and Mooney RFD Ways
and Means General Fund Rd 1 02-FEB-16 SYNOPSIS: Existing law provides for the Impaired Drivers
Trust Fund. This bill would change the name of the fund to the Alabama Head and Spinal Cord
Injury Trust Fund. A BILL TO BE ENTITLED AN ACT To amend Sections 16-38A-1, 16-38A-2, 16-38A-4,
32-5A-191, and 32-5A-191.2 of the Code of Alabama 1975, relating to the Impaired Drivers Trust
Fund; to change the name of the fund to the Alabama Head and Spinal Cord Injury Trust Fund.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 16-38A-1, 16-38A-2, 16-38A-4,
32-5A-191, and 32-5A-191.2 of the Code of Alabama 1975, are amended to read as follows: §16-38A-1.
"There is created in the State Treasury the Impaired Drivers Alabama Head and Spinal
Cord Injury Trust Fund. §16-38A-2. "There is created the Impaired Drivers Alabama Head
and Spinal Cord Injury Trust Fund Advisory Board to be appointed as...
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