HB612 Alabama 2019 Session

Under existing law, theft of property offenses have threshold amounts established for each offense

This bill would revise the threshold amounts for theft of property offenses

Under existing law, receiving stolen property offenses have threshold amounts established for each offense

This bill would revise the threshold amounts for receiving stolen property offenses

This bill would revise the penalty for obstructing justice using a false identity

This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses

Under existing law, unlawful distribution of a controlled substance is a Class B felony

This bill would create the crime of unlawful distribution of marijuana and provide penalties

Under existing law, unlawful possession of a controlled substance is a Class D felony

This bill would create the crime of unlawful possession of a controlled substance in the second degree and provide penalties

Under existing law, a person commits the crime of unlawful possession of marijuana in the first degree if he or she possesses marijuana for other than personal use or possesses marijuana for personal use only after having been previously convicted of unlawful possession of marijuana in the second degree or in the first degree

This bill would revise the elements of unlawful possession of marijuana in the first degree or provide that a person commits the crime if he or she possesses two or more ounces of marijuana and would prescribe new criminal penalties based on the number of prior violations

Under existing law, a person commits the crime of unlawful possession of marijuana in the second degree if he or she possesses marijuana for personal use

This bill would revise the crime of unlawful possession of marijuana in the second degree to provide that a person commits the crime if he or she possesses less than two ounces of marijuana and would change the criminal penalty to a fine only

This bill would also provide that a person who is charged with, found not guilty of, or convicted of unlawful possession of marijuana in the first or second degree may have that charge, finding, or conviction expunged under certain circumstances

Under existing law, unlawful manufacture of a controlled substance in the first degree is a Class A felony

This bill would revise the circumstances that would constitute unlawful manufacture of a controlled substance in the first degree

This bill would revise the penalty for a violation of failing to affix a tax stamp

Under existing law, there are certain circumstances where an officer may arrest a person without a warrant

This bill would provide that an officer may issue a summons, without an arrest warrant, in certain circumstances

This bill would revise the criminal penalties for a violation of the Alabama Sex Offender Registration and Community Notification Act

Under the existing habitual felony offender law, enhanced penalties are established for certain criminal offenses

This bill would repeal the habitual felony offender laws

This bill would also repeal enhancements for certain criminal offenses

This bill would also revise the implementation date for truth-in-sentencing

This bill would provide early parole of certain inmates in certain circumstances

This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses

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

Relating to crimes and offenses; to amend Sections 12-25-34, 12-25-34.2, 12-25-36, 13A-5-6, and 13A-5-8.1, Code of Alabama 1975, Section 13A-12-231, as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975, and Section 15-22-54, Code of Alabama 1975, relating to crimes and offenses, to repeal sentencing enhancements in certain circumstances, to revise the implementation date of truth-in-sentencing, and to clarify use of the phrase "consenting community corrections programs" for Class D felony offenses; to amend Sections 13A-4-1, 13A-4-2, 13A-4-3, 13A-8-1, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-7, 13A-8-8, 13A-8-9, 13A-8-10, 13A-8-10.1, 13A-8-10.2, 13A-8-10.3, 13A-8-16, 13A-8-17, 13A-8-18, 13A-8-19, 13A-8-144, and 13A-8-194, Code of Alabama 1975, to revise the threshold amounts for theft of property offenses and receiving stolen property offenses, to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses; to amend Sections 13A-12-211, as last amended by Act 2018-552, 2018 Regular Session, Code of Alabama 1975, 13A-12-212, 13A-12-213, 13A-12-214, and 13A-12-218, Code of Alabama 1975, relating to drug offenses, to revise certain drug offenses and provide penalties; to amend Section 40-17A-9, Code of Alabama 1975, relating to drugs, to revise the penalty for a violation; to amend Section 15-10-1, Code of Alabama 1975, relating to criminal procedure, to revise the procedure for when an officer may make an arrest; to amend Sections 15-20A-7, 15-20A-9, 15-20A-10, 15-20A-11, 15-20A-12, 15-20A-13, 15-20A-14, 15-20A-15, 15-20A-16, 15-20A-17, 15-20A-18, 15-20A-20, 15-20A-23, 15-20A-24, and 15-20A-25, Code of Alabama 1975, Section 15-20A-27, as last amended by Act 2018-528, 2018 Regular Session, Code of Alabama 1975, Section 15-20A-29, Code of Alabama 1975, Section 15-20A-30, as last amended by Act 2018-528, 2018 Regular Session, Code of Alabama 1975, Sections 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-36, 15-20A-37, and 15-20A-39, Code of Alabama 1975, to revise the criminal penalties for a violation of the Alabama Sex Offender Registration and Community Notification Act; to add Sections 13A-12-211.1 and 13A-12-212.1 to the Code of Alabama 1975, to provide for the crime of unlawful distribution of marijuana, to provide for the crime of unlawful possession of a controlled substance in the second degree; to add Section 15-10-3.1 to the Code of Alabama 1975, to provide that an officer may issue a summons, without an arrest warrant, in certain circumstances; to repeal Sections 13A-5-9, 13A-5-10, 13A-5-10.1, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 13A-12-215, 13A-12-232, 13A-12-250, and 13A-12-270, Code of Alabama 1975, to repeal the habitual felony offender laws, and to provide for parole consideration in certain circumstances; 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.