HB607 Alabama 2014 Session

Under existing law, if a criminal defendant is convicted of a Class A felony, and the defendant was previously convicted of three prior felonies at least one of which was a Class A felony, the defendant is required to be sentenced to life without parole

This bill would delete the mandatory sentence to life without parole under the circumstances provided above and authorize the sentencing judge to sentence the defendant to either life or life without parole

Under existing law, the penalty for the trafficking of specified quantities of certain illegal drugs is a mandatory term of life without parole

This bill would revise the penalty to a mandatory term of life with the possibility of parole

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-5-9 and 13A-12-231, Code of Alabama 1975, to further provide for the criminal penalties for certain habitual felony offenders convicted of a Class A felony after three prior felony convictions and the criminal penalties for the trafficking of specified quantities of certain drugs; to delete the mandatory sentence requirements of life without parole; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.