HB 229 — Relating to sentencing; to add Section 13A-5-14 to the Code of Alabama 1975, to provide that an individual sentenced pursuant to the habitual felony offender law may be resentenced in certain circumstances; and to provide for the repeal of this section in five years.

HB229 INTRODUCEDENGROSSED HGKS86-1HGKS86-2 By Representative England RFD:

04-Apr-23 2023 Regular Session Page 0 HGKS86-1HB229 03/17/2023Engrossed CNB2 (L)4 bm6 2022-5040A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT Relating to sentencing;

Underto existingadd law,Section a13A-5-14 personto whothe hasCode certainof priorAlabama felony1975, convictionsto mayprovide bethat given an enhancedindividual sentencesentenced basedpursuant onto histhe orhabitual herfelony prioroffender felonylaw convictions.may be resentenced in certain circumstances;

Thisand bill would except certain offenses from being used to enhanceprovide afor sentence pursuant to the habitualrepeal felonyof offenderthis lawsection and would provide that an individual may be eligible to be resentenced in certainfive circumstances.years.

A BILL TO BE ENTITLED AN ACT Relating to sentencing;

to amend Section 13A-5-9, Code of Alabama 1975;

to further provide for sentencing under the habitual felony offender law;

to add Section 13A-5-14 to the Code of Alabama 1975, to provide that an individual sentenced pursuant to the habitual felony offender law may be resentenced in certain circumstances.

"§13A-5-9 Page 1 HB229 INTRODUCED (a) In Except as provided in subsection (f), 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 shall be punished as follows:

Page 1 HB229 Engrossed (3) On conviction of a Class A felony, he or she must shall be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(c) In Except as provided in subsection (f), in all Page 2 HB229 INTRODUCED cases when it is shown that a criminal defendant has been previously convicted of any three felonies that are Class A, Class B, or Class C felonies and after such the convictions has committed another Class A, Class B, or Class C felony, he or she must shall be punished as follows:

(2) On conviction of a Class B felony, he or she must shall be punished by imprisonment for life or any term of not Page 2 HB229 Engrossed less than 20 years.

(e) In all cases when it is shown that a criminal defendant has been previously convicted of any three or more Page 3 HB229 INTRODUCED felonies and after such the convictions has committed a Class D felony, upon conviction, he or she must shall be punished for a Class C felony.

(f) A conviction for a nonviolent offense, as defined in Section 12-25-32, may not be used to enhance a sentence pursuant to subsection (a), (b), or (c)." Section 2.1.

§13A-5-14 (a) On or after the effective date of this act, an 95Page 3 HB229 Engrossed individual serving a sentence in the Department of Corrections may file a motion for a reduction in sentence if he or she satisfies all of the following:

(2) The individual was sentenced to life without the 95 possibility of parole.

(3) The individual hasreceived served a minimumfinal ofsentence 15at yearsthe oftrial hiscourt orprior herto sentence.May 26, 2000.

(4) The individual has reached 50 years of age.

The motion shall be heard by the original sentencing judge or his or her Page 4 HB229 INTRODUCED successor, the presiding judge of the circuit, or a retired judge as assigned by the Chief Justice of the Alabama Supreme Court.

The judge shall Page 4 HB229 Engrossed give considerable weight to any objection made by the victim.

(3) The clerk of the court shall notify the law enforcement agency that investigated the crime for which he or she was convicted.

(e)(5) AWhether courtthe mayindividual notused entertain a motionfirearm madein pursuantfurtherance to this section if either of the followingoffense. apply:

(1)If Lessso, than five years has elapsed since the individualjudge hasshall beengive returnedconsiderable weight to incarcerationthis afterfact. a Page 5 HB229 INTRODUCED violation of parole or probation.

(2)(e) A court may not entertain a motion made pursuant to this section if a previous motion for a reduction of sentence under this section was denied.

Where a judge has denied a motion for a reduction of sentence based on evidence of behavior during incarceration that is inconsistent with fitness for resentencing, the court may hear a subsequent motion for a reduction of sentence if the individual shows the existence of evidence of behavior consistent with fitness for resentencing during a period of two years.

(g) Any motion for a reduction in sentence filed shall be granted a hearing within 3090 days of the court receiving the Page 5 HB229 Engrossed motion.

Section(h) 3.This section shall be repealed five years after the effective date of the act adding this section.

Section 2.

Page 6 HB229 Engrossed House of Representatives Read for the first time and referred ................04-Apr-23 to the House of Representatives committee on Judiciary Read for the second time and placed ................11-May-23 on the calendar:

1 amendment Read for the third time and passed ................16-May-23 as amended Yeas 64 Nays 37 Abstains 0 John Treadwell Clerk Page 7