The bill introduces a new section, 13A-5-14, to the Code of Alabama 1975, allowing individuals sentenced under the habitual felony offender law to file for a reduction in their sentence under specific conditions. To qualify, the individual must have been sentenced to life without the possibility of parole for an offense other than homicide, a sex offense, or an offense causing serious physical injury, and must have received their final sentence before May 26, 2000. The motion for a reduction must be filed in the criminal division of the circuit court where the conviction occurred, and the original sentencing judge or a designated judge will hear the motion. The bill also stipulates that the district attorney and the victim have the right to be heard during the proceedings.
Additionally, the bill amends Section 13A-5-9, clarifying that certain nonviolent offenses cannot be used to enhance sentences under the habitual felony offender law. The new section will be repealed five years after its effective date, which is set to be three months following its passage and approval by the Governor. The court is required to hold a hearing on any motion for a reduction within 90 days of its filing, but it is not obligated to grant a reduction.
Statutes affected: Introduced: 13A-5-9, 13A-5-14, 13A-5-9
Engrossed: 13A-5-14, 13A-5-9