HB 63 — Criminal procedure; split sentence authorized for 30 year sentence

HB63 INTRODUCEDENGROSSED HB63 7C1W2E2-136HPEEV-2 By Representative Hill RFD:

30-Jan-24 Page 0 7C1W2E2-1HB63 01/11/2024Engrossed CNB2 (L)bm4 2024-63A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT 9 Relating to criminal procedure;

Under existing law, a judge may split the sentence of an offender who has received a sentence of 20 years of less.

This bill would allow for a judge to split the sentence of an offender who receives a sentence of 30 years of less.

A BILL TO BE ENTITLED AN ACT Relating to criminal procedure;

"§15-18-8 (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 is a Class A or Class B felony Page 1 HB63 INTRODUCED offense, and receives a sentence of 2030 years or less, the judge presiding over the case may order:

(1) In cases where the defendant is convicted of a Class A, Class B, Class C, or Class D felony and the imposed sentence is not more than 15 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years, that the execution of the remainder of the sentence be Page 1 HB63 Engrossed suspended notwithstanding any provision of the law to the contrary, and that the defendant be placed on probation for a period as determined by the court.

(3) In cases where the defendant is convicted of a Class A, Class B, or Class C felony and the imposed sentence is greater than 20 years but not more than 30 years, that the convicted defendant be confined in a prison, jail-type institution, or treatment institution for a minimum period notof exceeding10 20 years, 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 Page 2 HB63 INTRODUCED for a period as determined by the court.

Notwithstanding subsection (c), the court shall not suspend or alter the minimum period of confinement ordered.

If an offense is punishable by Page 2 HB63 Engrossed both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment.

Page 3 HB63 INTRODUCED (e) Except as otherwise provided pursuant to Section 15-18-64, the defendant's liability for any fine or other punishment imposed as to which probation is granted shall be fully discharged by the fulfillment of the terms and conditions of probation.

(f) During any term of probation, the defendant shall Page 3 HB63 Engrossed report to the probation authorities at a time and place as directed by the judge imposing the sentence.

(g) No defendant serving a minimum period of confinement ordered under subsection (a) or (h) shall be 95 entitled to parole or to deductions from his or her sentence under the Alabama Correctional Incentive Time Act, during the minimum period of confinement so ordered;

provided, however, that this subsection shall not be construed to prohibit application of the Alabama Correctional Incentive Time Act to any period of confinement which may be required after the 95 defendant has served the minimum period.

This act shall become effective on October Page 4 HB63 INTRODUCED 1, 2024.

Page 54 HB63 Engrossed House of Representatives Read for the first time and referred ................06-Feb-24 to the House of Representatives committee on Judiciary Read for the second time and placed ................21-Feb-24 on the calendar:

1 amendment Read for the third time and passed ................23-Apr-24 as amended Yeas 60 Nays 34 Abstains 5 John Treadwell Clerk Page 5