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AL HB38

Bill

Status

Introduced

2/23/2023

Primary Sponsor

Jim Hill

Click for details

Origin

House of Representatives

Regular Session 2023

AI Summary

  • Amends Section 12-25-34.2 of the Alabama Code to allow judges to deviate from presumptive sentencing standards for nonviolent offenses when a defendant is convicted after requesting a jury trial.

  • Creates a new subsection (d) establishing that judicial deviation from presumptive sentencing is permitted in cases where defendants request and proceed to trial rather than accepting a plea agreement.

  • Makes various technical corrections to existing sentencing statute language, including changing plural forms to singular forms and replacing "whereby" with "where" in definitional sections.

  • Becomes effective on the first day of the third month following passage and approval by the Governor, or upon becoming law through other means.

Legislative Description

Relating to sentencing; to amend Section 12-25-34.2, Code of Alabama 1975, to allow a judge to deviate from the presumptive sentencing standards if a defendant is convicted after requesting a trial.

Crimes and offenses, presumptive sentencing standards, deviations in certain circumstances

Last Action

Indefinitely Postpone

5/31/2023

Committee Referrals

Judiciary2/23/2023

Full Bill Text

No bill text available