1 HB107
2 208355-1
3 By Representative England
4 RFD: Judiciary
5 First Read: 02-FEB-21
6 PFD: 01/26/2021
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1 208355-1:n:10/19/2020:CNB/tj LSA2020-2071
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8 SYNOPSIS: Under the existing habitual felony offender
9 act, enhanced penalties are established for felony
10 criminal defendants who have been previously
11 convicted of one or more felony offenses.
12 This bill would repeal the Habitual Felony
13 Offender Act.
14 This bill would provide for resentencing for
15 defendants whose sentences were based on the
16 Habitual Felony Offender Act.
17 This bill would also make nonsubstantive,
18 technical revisions to update the existing code
19 language to current style.
20 Amendment 621 of the Constitution of Alabama
21 of 1901, now appearing as Section 111.05 of the
22 Official Recompilation of the Constitution of
23 Alabama of 1901, as amended, prohibits a general
24 law whose purpose or effect would be to require a
25 new or increased expenditure of local funds from
26 becoming effective with regard to a local
27 governmental entity without enactment by a 2/3 vote
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1 unless: it comes within one of a number of
2 specified exceptions; it is approved by the
3 affected entity; or the Legislature appropriates
4 funds, or provides a local source of revenue, to
5 the entity for the purpose.
6 The purpose or effect of this bill would be
7 to require a new or increased expenditure of local
8 funds within the meaning of the amendment.
9 However, the bill does not require approval of a
10 local governmental entity or enactment by a 2/3
11 vote to become effective because it comes within
12 one of the specified exceptions contained in the
13 amendment.
14
15 A BILL
16 TO BE ENTITLED
17 AN ACT
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19 Relating sentencing; to amend Section 13A-5-6, as
20 last amended by Act 2019-465, 2019 Regular Session, Code of
21 Alabama 1975, Sections 13A-5-13, 13A-11-241, 13A-12-231,
22 13A-12-233, 14-9-44, 32-5A-154, and 32-5A-191, Code of Alabama
23 1975; to revise sentencing standards in certain circumstances;
24 to repeal Sections 13A-5-9 and 13A-5-10, Code of Alabama 1975,
25 relating to the Habitual Felony Offender Act; to add Section
26 13A-5-14 to the Code of Alabama 1975, to provide for
27 resentencing for defendants whose sentences were based on the
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1 habitual felony offender act; to make nonsubstantive,
2 technical revisions to update the existing code language to
3 current style; and in connection therewith would have as its
4 purpose or effect the requirement of a new or increased
5 expenditure of local funds within the meaning of Amendment 621
6 of the Constitution of Alabama of 1901, now appearing as
7 Section 111.05 of the Official Recompilation of the
8 Constitution of Alabama of 1901, as amended.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Section 13A-5-6, as last amended by Act
11 2019-465, 2019 Regular Session, Code of Alabama 1975, Sections
12 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, and
13 32-5A-154, Code of Alabama 1975, are amended to read as
14 follows:
15 "13A-5-6.
16 "(a) Sentences for felonies shall be for a definite
17 term of imprisonment, which imprisonment includes hard labor,
18 within the following limitations:
19 "(1) For a Class A felony, for life or not more than
20 99 years or less than 10 years.
21 "(2) For a Class B felony, not more than 20 years or
22 less than 2 years.
23 "(3) For a Class C felony, not more than 10 years or
24 less than 1 year and 1 day and must be in accordance with
25 subsection (b) of Section 15-18-8 unless sentencing is
26 pursuant to Section 13A-5-9 or the offense is a sex offense
27 pursuant to Section 15-20A-5.
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1 "(4) For a Class D felony, not more than 5 years or
2 less than 1 year and 1 day and must be in accordance with
3 subsection (b) of Section 15-18-8.
4 "(5) For a Class A felony in which a firearm or
5 deadly weapon was used or attempted to be used in the
6 commission of the felony, or a Class A felony sex offense
7 involving a child as defined in Section 15-20A-4, not less
8 than 20 years.
9 "(6) For a Class B or C felony in which a firearm or
10 deadly weapon was used or attempted to be used in the
11 commission of the felony, or a Class B felony sex offense
12 involving a child as defined in Section 15-20A-4, not less
13 than 10 years.
14 "(b) The actual time of release within the
15 limitations established by subsection (a) shall be determined
16 under procedures established elsewhere by law.
17 "(c) In addition to any other penalties heretofore
18 or hereafter provided by law, in all cases where an offender
19 is designated as a sexually violent predator pursuant to
20 Section 15-20A-19, or where an offender is convicted of a
21 Class A felony sex offense involving a child as defined in
22 Section 15-20A-4, and is sentenced to a county jail or the
23 Alabama Department of Corrections, the sentencing judge shall
24 impose an additional penalty of not less than 10 years of
25 post-release supervision to be served upon the defendant's
26 release from incarceration.
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1 "(d) In addition to any other penalties heretofore
2 or hereafter provided by law, in all cases where an offender
3 is convicted of a sex offense pursuant to Section 13A-6-61,
4 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of
5 age or older and the victim was six years of age or less at
6 the time the offense was committed, the defendant shall be
7 sentenced to life imprisonment without the possibility of
8 parole.
9 "13A-5-13.
10 "(a) The Legislature finds and declares the
11 following:
12 "(1) It is the right of every person, regardless of
13 race, color, religion, national origin, ethnicity, or physical
14 or mental disability, to be secure and protected from threats
15 of reasonable fear, intimidation, harassment, and physical
16 harm caused by activities of groups and individuals.
17 "(2) It is not the intent, by enactment of this
18 section, to interfere with the exercise of rights protected by
19 the Constitution of the State of Alabama or the United States.
20 "(3) The intentional advocacy of unlawful acts by
21 groups or individuals against other persons or groups and
22 bodily injury or death to persons is not constitutionally
23 protected when violence or civil disorder is imminent, and
24 poses a threat to public order and safety, and such the
25 conduct should be subjected to criminal sanctions.
26 "(b) The purpose of this section is to impose
27 additional penalties where it is shown that a perpetrator
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1 committing the underlying offense was motivated by the
2 victim's actual or perceived race, color, religion, national
3 origin, ethnicity, or physical or mental disability.
4 "(c) A person who has been found guilty of a crime,
5 the commission of which was shown beyond a reasonable doubt to
6 have been motivated by the victim's actual or perceived race,
7 color, religion, national origin, ethnicity, or physical or
8 mental disability, shall be punished as follows:
9 "(1) Felonies:
10 "(1) For a. On conviction of a Class A felony that
11 was found to have been motivated by the victim's actual or
12 perceived race, color, religion, national origin, ethnicity,
13 or physical or mental disability, the sentence shall not be
14 less than 15 years.
15 "(2) For b. On conviction of a Class B felony that
16 was found to have been motivated by the victim's actual or
17 perceived race, color, religion, national origin, ethnicity,
18 or physical or mental disability, the sentence shall not be
19 less than 10 years.
20 "(3) For c. On conviction of a Class C felony that
21 was found to have been motivated by the victim's actual or
22 perceived race, color, religion, national origin, ethnicity,
23 or physical or mental disability, the sentence shall not be
24 less than two years.
25 "(4) For d. On conviction of a Class D felony that
26 was found to have been motivated by the victim's actual or
27 perceived race, color, religion, national origin, ethnicity,
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1 or physical or mental disability, the sentence shall not be
2 less than 18 months.
3 "e. For purposes of this subdivision, a criminal
4 defendant who has been previously convicted of any felony and
5 receives an enhanced sentence pursuant to this section is also
6 subject to enhanced punishment under the Alabama Habitual
7 Felony Offender Act, Section 13A-5-9.
8 "(2) Misdemeanors:
9 "(5) For On conviction of a misdemeanor which was
10 found beyond a reasonable doubt to have been motivated by the
11 victim's actual or perceived race, color, religion, national
12 origin, ethnicity, or physical or mental disability, the
13 defendant shall be sentenced for a Class A misdemeanor, except
14 that the defendant shall be sentenced to a minimum of three
15 months.
16 "13A-11-241.
17 "(a) A person commits the crime of cruelty to a dog
18 or cat in the first degree if he or she intentionally tortures
19 any dog or cat or skins a domestic dog or cat or offers for
20 sale or exchange or offers to buy or exchange the fur, hide,
21 or pelt of a domestic dog or cat. Cruelty to a dog or cat in
22 the first degree is a Class C felony. A conviction for a
23 felony pursuant to this section shall not be considered a
24 felony for purposes of the Habitual Felony Offender Act,
25 Sections 13A-5-9 to 13A-5-10.1, inclusive.
26 "(b) A person commits the crime of cruelty to a dog
27 or cat in the second degree if he or she, in a cruel manner,
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1 overloads, overdrives, deprives of necessary sustenance or
2 shelter, unnecessarily or cruelly beats, injuries injures,
3 mutilates, or causes the same to be done. Cruelty to a dog or
4 cat in the second degree is a Class A misdemeanor.
5 "13A-12-231.
6 "Except as authorized in Chapter 2, of Title 20:
7 "(1) Any person who knowingly sells, manufactures,
8 delivers, or brings into this state, or who is knowingly in
9 actual or constructive possession of, in excess of one kilo or
10 2.2 pounds of any part of the plant of the genus Cannabis,
11 whether growing or not, the seeds thereof, the resin extracted
12 from any part of the plant, and every compound, manufacture,
13 salt, derivative, mixture, or preparation of the plant, its
14 seeds, or resin including the completely defoliated mature
15 stalks of the plant, fiber produced from the stalks, oil, or
16 cake, or the completely sterilized samples of seeds of the
17 plant which are incapable of germination is guilty of a
18 felony, which felony shall be known as "trafficking in
19 cannabis." Nothing in this subdivision shall apply to samples
20 of tetrahydrocannabinols including, but not limited to, all
21 synthetic or naturally produced samples of
22 tetrahydrocannabinols which contain more than 15 percent by
23 weight of tetrahydrocannabinols and which do not contain plant
24 material exhibiting the external morphological features of the
25 plant cannabis. If the quantity of cannabis involved:
26 "a. Is in excess of one kilo or 2.2 pounds, but less
27 than 100 pounds, the person shall be sentenced to a mandatory
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1 minimum term of imprisonment of three calendar years and to
2 pay a fine of twenty-five thousand dollars ($25,000).
3 "b. Is 100 pounds or more, but less than 500 pounds,
4 the person shall be sentenced to a mandatory minimum term of
5 imprisonment of five calendar years and to pay a fine of fifty
6 thousand dollars ($50,000).
7 "c. Is 500 pounds or more, but less than 1,000
8 pounds, the person shall be sentenced to a mandatory minimum
9 term of imprisonment of 15 calendar years and to pay a fine of
10 two hundred thousand dollars ($200,000).
11 "d. Is 1,000 pounds or more, the person shall be
12 sentenced to a mandatory term of imprisonment of life.
13 "(2) Any person who knowingly sells, manufactures,
14 delivers, or brings into this state, or who is knowingly in
15 actual or constructive possession of, 28 grams or more of
16 cocaine or of any mixture containing cocaine, described in
17 Section 20-2-25(1), is guilty of a felony, which felony shall
18 be known as "trafficking in cocaine." If the quantity
19 involved:
20 "a. Is 28 grams or more, but less than 500 grams,
21 the person shall be sentenced to a mandatory minimum term of
22 imprisonment of three calendar years and to pay a fine of
23 fifty thousand dollars ($50,000).
24 "b. Is 500 grams or more, but less than one kilo,
25 the person shall be sentenced to a mandatory minimum term of
26 imprisonment of five calendar years and to pay a fine of one
27 hundred thousand dollars ($100,000).
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1 "c. Is one kilo, but less than 10 kilos, then the
2 person shall be sentenced to a mandatory minimum term of
3 imprisonment of 15 calendar years and to pay a fine of two
4 hundred fifty thousand dollars ($250,000).
5 "d. Is 10 kilos or more, the person shall be
6 sentenced to a mandatory term of imprisonment of life.
7 "(3) Any person, except as otherwise authorized by
8 law, who knowingly sells, manufactures, delivers, or brings
9 into this state, or who is knowingly in actual or constructive
10 possession of, four grams or more of any morphine, opium, or
11 any salt, isomer, or salt of an isomer thereof, including
12 heroin, as described in Section 20-2-23(b)(2) or Section
13 20-2-25(1)a., or four grams or more of any mixture containing
14 any such substance, or any mixture containing Fentanyl or any
15 synthetic controlled substance Fentanyl analogue, as described
16 in Sections 20-2-23 and 20-2-25, is guilty of a felony, which
17 felony shall be known as "trafficking in illegal drugs." If
18 the quantity involved:
19 "a. Is four grams or more, but less than 14 grams,
20 the person shall be sentenced to a mandatory minimum term of
21 imprisonment of three calendar years and to pay a fine of
22 fifty thousand dollars ($50,000).
23 "b. Is 14 grams or more, but less than 28 grams, the
24 person shall be sentenced to a mandatory minimum term of
25 imprisonment of 10 calendar years and to pay a fine of one
26 hundred thousand dollars ($100,000).
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1 "c. Is 28 grams or more, but less than 56 grams, the
2 person shall be sentenced to a mandatory minimum term of
3 imprisonment of 25 calendar years and to pay a fine of five
4 hundred thousand dollars ($500,000).
5 "d. Is 56 grams or more, the person shall be
6 sentenced to a mandatory term of imprisonment of life.
7 "(4) Any person who knowingly sells, manufactures,
8 delivers, or brings into this state, or who is knowingly in
9 actual or constructive possession of 1,000 or more pills or
10 capsules of methaqualone, as described in Section 20-2-1, et
11 seq., is guilty of a felony, which felony shall be known as
12 "trafficking in illegal drugs." If the quantity involved:
13 "a. Is 1,000 pills or capsules, but less than 5,000
14 pills or capsules, the person shall be sentenced to a
15 mandatory minimum term of imprisonment of three calendar years
16 and pay a fine of fifty thousand dollars ($50,000).
17 "b. Is 5,000 capsules or more, but less than 25,000
18 capsules, that person shall be imprisoned to a mandatory
19 minimum term of imprisonment of 10 calendar years and pay a
20 fine of one hundred thousand dollars ($100,000).
21 "c. Is 25,000 pills or more, but less than 100,000
22 pills or capsules, the person shall be sentenced to a
23 mandatory minimum term of imprisonment of 25 calendar years
24 and pay a fine of five hundred thousand dollars ($500,000).
25 "d. Is 100,000 capsules or more, the person shall be
26 sentenced to a mandatory term of imprisonment of life.
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1 "(5) Any person who knowingly sells, manufactures,
2 delivers, or brings into this state, or who is knowingly in
3 actual or constructive possession of 500 or more pills or
4 capsules of hydromorphone as is described in Section 20-2-1,
5 et seq., is guilty of a felony which shall be known as
6 "trafficking in illegal drugs." If the quantity involved:
7 "a. Is 500 pi