HB107 Alabama 2021 Session

Under the existing habitual felony offender act, enhanced penalties are established for felony criminal defendants who have been previously convicted of one or more felony offenses

This bill would repeal the Habitual Felony Offender Act

This bill would provide for resentencing for defendants whose sentences were based on the Habitual Felony Offender Act

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

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 sentencing; to amend Section 13A-5-6, as last amended by Act 2019-465, 2019 Regular Session, Code of Alabama 1975, Sections 13A-5-13, 13A-11-241, 13A-12-231, 13A-12-233, 14-9-44, 32-5A-154, and 32-5A-191, Code of Alabama 1975; to revise sentencing standards in certain circumstances; to repeal Sections 13A-5-9 and 13A-5-10, Code of Alabama 1975, relating to the Habitual Felony Offender Act; to add Section 13A-5-14 to the Code of Alabama 1975, to provide for resentencing for defendants whose sentences were based on the habitual felony offender act; to make nonsubstantive, technical revisions to update the existing code language to current style; 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.