HB270 Alabama 2010 Session

Under existing law, there is no discretion in sentencing a person convicted of a third felony offense

This bill would allow discretion for determining the sentence for conviction for a third felony

Under existing law, a person convicted of a fourth felony offense is sentenced to an enhanced penalty. If any of the prior convictions was for a Class A felony the penalty is life without the possibility of parole

This bill would allow the trial court to sentence a person to life with the possibility of parole upon the fourth felony conviction

Existing law, for purposes of determining the sentence for conviction of a fourth felony, does not distinguish between types of felonies for the first conviction

This bill would provide that if the person convicted of a fourth felony was not an active participant in the commission of the first felony and the offense did not result in the death of the victim, injury or death to a law enforcement officer, or the death or rape of a child 14 years of age or under, the sentence for a fourth conviction that is for a Class A felony would be imprisonment for life with the possibility of parole after 15 years and would require retroactive review of any criminal defendant currently serving a term of imprisonment sentenced for a fourth felony conviction pursuant to this amendatory bill

To amend Section 13A-5-9 of the Code of Alabama 1975, relating to penalties for habitual felony offenders; to allow alternative sentences for a third felony; to revise the mandatory penalty for a fourth conviction that is a Class A felony; to provide a different sentence for a fourth felony in some circumstances; and to provide for retroactive review of persons previously convicted in those circumstances.