Criminal Justice System

LWVAL Action Priority Level II - Monitoring occurs; action dependent on opportunity and available resources.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on these bills:

green-right-arrow.jpgthumbs_up_icon.jpgSB276/HB320 - Domestic violence, greater protection to victims, provided, Sec. 41-23-150 added; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-140 to 13A-6-143, inclusive, 15-10-3, 15-13-190, 15-23-62, 15-23-68, 30-5-1, 30-5-2, 30-5-3, 30-5-5 to 30-5-8, inclusive, 30-6-1 to 30-6-11, inclusive, 30-6-13, 30-7-1 to 30-7-6, inclusive, 30-9-1, 30-9-2, 41-9-621 am'd.

SB276
Sponsor(s):
Senators Scofield, Marsh, Bussman, Williams, Ward, Waggoner, Hightower, Allen, Melson, Holley, Dial, Whatley, Stutts, McClendon, Livingston, Glover, Brewbaker, Shelnutt, Albritton, Smith, Dunn, Figures, Coleman, Beasley, Ross, Smitherman, Chambliss, Orr, Pittman and Holtzclaw

HB320
Sponsor(s):
Representatives Jones, Collins, Nordgren, Todd, Hall, Coleman-Evans, Treadaway, South, Rowe, Moore (B), Pettus, Ledbetter, Sanderford, Brown, Standridge, Givan, Whorton (I), Rich, Hill (M), Patterson, Wood, Davis, Garrett, Williams (JD), Clouse, Lee, Wingo, Boothe, Faust, Robinson, Chesteen, Beckman, Hammon, Ingram, Sells, Shiver, Baker, McMillan, Boyd, Bandy, Grimsley, Alexander, Williams (JW), Bracy, Martin, Poole, Lindsey, Ford, Jackson, Drake, Carns, McClammy, Fincher, England, Hill (J), Wadsworth, Morrow, Beech, Lawrence, Hubbard, Gaston, Sessions, Tuggle, Millican, Johnson

Summary/Synopsis: Under existing law, the commission of domestic violence is a crime, and there are provisions to protect the victim from further acts of domestic violence. This bill would provide greater protection and assistance to victims of domestic violence. This bill would:
  1. Provide consistency to the definition of domestic violence throughout the code.
  2. Clarify the definition of dating relationship as it relates to domestic violence.
  3. Strengthen the provisions relating to domestic violence protection orders and require better communication among law enforcement to ensure protection of a victim when a protection 24 order is issued.
  4. Require more assistance by law enforcement officers to victims of domestic violence when responding to incidents of domestic violence.
  5. Transfer the responsibility of certifying and monitoring domestic violence shelters from the Office of Prosecution Services to the Department of Economic and Community Affairs.
  6. Create a Domestic Violence Trust Fund administered by the Department of Economic and Community Affairs to fund domestic violence centers in the state.
  7. Would strengthen the requirements for reporting incidents of domestic violence throughout the state.
  8. Establish a certified domestic violence center capital improvement grant program under the Department of Economic and Community Affairs.
  9. Provide that the Director of the Department of Economic and Community Affairs, or his or her designee, would oversee the application process and would provide for the information to be included in the application.
  10. Provide for the purposes for which the grant funds can be used
  11. Require the director to conduct an annual needs assessment, developed in coordination with the Alabama Coalition against Domestic Violence, to determine the certified domestic violence centers most in need of the grant funds.
  12. Require the director to ensure that the grant funds awarded under this act are being used in accordance with the purposes specified by this act.
  13. Ensure confidentiality to a certified domestic violence center involved in the grant process and
  14. Provide for a limit on the amount of grant funds to be awarded.
Note: The Governor submitted the financing portion of the above in his budget requests to the Legislature.



League Action and Justification: Support

NOTE: League supports the original bill, not the House substitute. The Senate substitute is under review.


An importation part of the principles upon which the League of Women Voters was founded is that government “share in the solution of economic and social problems that affect the general welfare…”

Domestic violence occurs without distinction among demographic groups, including race, economic class, age, sexual preference, educational level, occupational category.

Its impacts (short-term and long-term) include among other things added costs to law enforcement, the courts, and medical systems; traumatic stress disorder in the victims (the abused and the young who witness the abuse) and such related negative behaviors are acting out, poor school performance and depression; perpetuation of abuse across generations; and much more.

Bill Progress in Legislature:

SB276

03/18/2015:
Read for the first time and referred to the Senate Committee on Judiciary (JUDY).


HB320

03/18/2015:
Read for the first time and referred to the House Committee on Judiciary (JUDY).

04/30/2015: 2nd Read and placed on the calendar with 1 Substitute (166378-5); pending 3rd Read and favorable from JUDY with 1 Substitute.

05/26/2015: 3rd Reading Passed; Judiciary 1st Substitute (166378-5) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed

Senate:

05/26/2015: Read for the first time and referred to the Senate Committee on Judiciary (JUDY); Reported from Judiciary as Favorable with 1 Judiciary substitute (170224-2) and with 1 Judiciary amendment (170290-1)

06/02/2015: 2nd Read and placed on the calendar with 1 Substitute and 1 Amendment

06/03/2015: Third Reading Carried Over to Call of the Chair; Scofield motion to Carry Over to the Call of the Chair adopted by Voice Vote

06/04/2015: 3rd Reading Passed: Judiciary Amendment (170290-1) Offered; Scofield motion to Table adopted Voice Vote; Judiciary 1st Substitute (170224-2) Offered; Scofield motion to Adopt adopted Roll Call; Scofield Amendment (170502-1) Offered; Scofield motion to Adopt adopted Roll Call; Albritton Amendment (170587-1) Offered; Scofield motion to Table adopted Voice Vote; Motion to Read a Third Time and Pass adopted Roll Call (28-1-0); Concurred in 2nd House; Signature Requested.

House:

06/04/2015: Concurrence Requested; Jones motion to Concur In and Adopt adopted (99-1-0); Enrolled; Clerk of the House Certification; Delivered to Governor at 3:30 p.m. on June 4, 2015.

green-right-arrow.jpgthumbs_up_icon.jpgHB433 - Human Trafficking Safe Harbor Act, crimes of prostitution, sexually exploited children, conviction or delinquency adjudication of prostitution prohibited under certain conditions, retention of jurisdiction by juvenile court, additional fines, counseling required, detention of foreign nationals under certain conditions, Sec. 13A-12-123 added

Sponsor(s):   Representatives Williams (JD), Coleman-Evans, Hall, Martin, Collins, Davis, Standridge, Gaston, Patterson, Jones, Greer, Hanes, Whorton (R), Wood, Beech, Farley, Daniels, Ledbetter, Fridy, Faulkner, Ford, Butler, Weaver, Treadaway, South, Nordgren, Johnson (K), Todd, Hill (M), Harper, Tuggle, Rowe, McCutcheon, Rogers, Givan, Pringle, Garrett, Brown, Wingo, Fincher, Mooney, Holmes (M), Lawrence, Carns, Drake, Hubbard, Clouse, Baker, Shiver, McMillan, Beckman, Hammon, Alexander, Grimsley, McClammy, McCampbell, Wadsworth, Scott, Moore (M), Boothe, Hurst and Henry

Summary/Synopsis:  The bill provides a safe harbor for children engaged in prostitution. They are presumed to be sexually exploited children and are not to be adjudicated delinquent or convicted of prostitution.  They may be adjudicated in need of supervision, and they are to remain in the jurisdiction of juvenile court, where they may be provided with services deemed to be in the best interest of the child. 

Adults charged with prostitution may be held up to 72 hours to allow them access to health care, shelter, and counseling.   (The official synopsis specifies this is for foreign nationals who do not speak English, but I did not see that distinction in the bill itself.)  Adults with no prior record of prostitution may be offered a pretrial diversion program.  Adults convicted of certain crimes involving prostitution are to be charged an additional $500 fine to provide them with education, treatment and counseling.


League Action and Justification:  Strong Support

The 2014 Statement of Position of LWVUS on Human Trafficking reads:
"The League of Women Voters opposes all forms of domestic and international human trafficking of adults and children, including sex trafficking and labor trafficking. We consider human trafficking to be a form of modern day slavery and believe that every measure should be taken and every effort should be made through legislation and changes in public policy to prevent human trafficking. Prosecution and penalization of traffickers and abusers should be established, and existing laws should be strictly enforced. Extensive essential services for victims should be applied where needed. Education and awareness programs on human trafficking should be established in our communities and in our schools."
This bill comports with that position.

Bill Progress in Legislature:

04/07/2015: Read for the first time and referred to the House Committee on Judiciary (JUDY).

04/30/2015: 2nd Read and placed on the calendar with 1 Amendment (167611-2); pending 3rd Read and favorable with 1 Amendment

05/26/2015: 3rd Reading Passed; JUDY Amendment (167611-2) Offered; Motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Cosponsors Added; Engrossed

Senate:

05/28/2015: 1st Read and referred to the Senate Committee on Judiciary (JUDY).

06/03/2015: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from JUDY

thumbs_up_icon.jpgSB67 - Corrections reform, criminal penalties and sentencing revised, alternative community corrections programs required, specified treatment and supervision practices by Board of Pardons and Paroles required, criteria for release required, sanctions for violations by parolees and probationers, mandatory supervision periods for inmates, Secs. 13A-8-3.1, 13A-8-4.1, 13A-8-8.1,…

Sponsor(s): Senator Ward

Summary/Synopsis: This complicated bill redefines felony classes and creates a new class, redefines or adds new definitions of crimes, outlines new practices/procedures for the Department of Corrections and Board of Pardons and Paroles, and much more.



League Action and Justification: Support. SB67 House Substitute 167635-6 is a step in the right direction toward reducing overcrowding in Alabama prisons.

Expired -- ACTION ALERT TO SUPPORT SB67 HOUSE SUBSTITUTE!
ISSUED MAY 3, 2015

Amendments to SB67 House Judiciary Substitute 167635-6 are expected in the week of May 5, and a vote in the House is expected by Thurs., May 7. Please call your House Representative
before Thurs., May 7 and ask that he or she support the SB67 House Substitute to help ease overcrowding in Alabama prisons and make other improvements in the criminal justice system. Read the complete action alert.

Bill Progress in Legislature:
03/03/2015: First Reading and referred to the Senate Committee on Judiciary (JUDY).

03/17/2015: 2nd Reading and placed on the Calendar with 1 Substitute (165408-5); Judiciary 1st Substitute Offered

03/31/2015: 3rd Reading Carried Over to Call of the Chair; Judiciary 1st Substitute (165408-5) Offered; Motion to Adopt adopted by Roll Call Vote; Ward motion to Carry Over to the Call of the Chair adopted Voice Vote

04/02/2015: 3rd Reading Carried Over to Call of the Chair; Ward motion to Carry Over to the Call of the Chair adopted Voice Vote; 3rd Reading Passed
Pittman Amendment (166964-2) Offered; Pittman Motion to Adopt adopted by Roll Call Vote
Melson Amendment (166999-1) Offered; Melson Motion to Adopt adopted by Roll Call Vote
Williams ‘Amendment (166703-1) Offered; Williams Motion to Adopt adopted by Roll Call Vote
Albritton Amendment (166572-1) Offered; Albritton Motion to Adopt adopted by Roll Call Vote
Albritton Amendment (166458-2) Offered; Albritton Motion to Adopt adopted by Roll Call Vote
Figures Amendment (166818-1) Offered; Figures Motion to Adopt adopted by Roll Call Vote
Singleton Amendment (166482-2) Offered; Singleton Motion to Adopt adopted by Roll Call Vote
Singleton Amendment (166411-1) Offered; Singleton Motion to Adopt adopted by Roll Call Vote
Singleton Amendment (166481-1) Offered; Singleton Motion to Adopt Lost on Roll Call Vote
Figures Amendment (166748-1) Offered; Figures Motion to Adopt adopted by Roll Call Vote
Ward Amendment (166984-1) Offered; Ward Motion to Adopt adopted by Roll Call Vote
Ward Amendment (166746-1) Offered; Ward Motion to Adopt adopted by Roll Call Vote
Ward Amendment (166780-1) Offered; Ward Motion to Adopt adopted by Roll Call Vote
Coleman Amendment (167014-2) Offered; Coleman Motion to Adopt adopted by Roll Call Vote
Ward Amendment (166478-1) Offered; Ward Motion to Adopt adopted by Roll Call Vote
Singleton Amendment (166409-1) Offered; Singleton Motion to Adopt Lost on Roll Call Vote
Pittman Amendment (166998-1) Offered; Pittman Motion to Adopt Lost on Roll Call Vote
Pittman Amendment (166963-1) Offered; Pittman Motion to Adopt Adopted by Roll Call Vote
Orr Amendment (166966-2) Offered; Orr Motion to Adopt adopted by Roll Call Vote
Motion to Read a 3rd Time and Pass adopted by Roll Call Vote (32-2-0)
Ward Motion to Reconsider and Table adopted by Voice Vote

04/07/2015: Engrossed

House:

04/07/2015:
Read for the First Time and referred to the House Committee on Judiciary (JUDY).

04/30/2015: 2nd Read and placed on the calendar with 1 Substitute (166378-5); pending 3rd Read and favorable from JUDY with 1 Substitute.

05/07/2015: 3rd Reading Passed: JUDY 1st Substitute Offered (167635-6); Jones motion to Table adopted by Roll Call;
Jones 1st Substitute (167635-8) Offered; Motion to Adopt adopted by Roll Call
Grimsley Amendment Offered (168885-1); Jones motion to Table adopted by Roll Call
Knight Amendment Offered (169044-1); Motion to Adopt adopted by Roll Call
Wadsworth Amendment Offered (169046-1); Jones motion to Table adopted by Roll Call
Hall Amendment Offered (168873-1); Motion to Adopt adopted by Roll Call
England Amendment Offered (168855-1); Motion to Adopt adopted by Roll Call
Motion to Read a 3rd Time and Pass adopted by Roll Call (105-5-0)

Senate:

05/07/2015: Concurrence Requested; March motion to Concur in and Adopt adopted by Roll Call ( 27-0-0);
March Motion to Reconsider and Table adopted by Voice Vote

05/12/2015: Enrolled; Forwarded to Governor at 2:27 p.m.


House:

05/07/2015: Concurred in 2nd House Amendment

05/12/2015: Signature Requested

thumbs_up_icon.jpgHB627/SB466 - Habitual Offender Act, resentencing of certain offenders sentenced prior to Act 2000-759 amending act, panel of retired circuit judges to resentence, appointed, Sec. 13A-5-9.2 added

HB627 Sponsor(s): Representative Grimsley
SB466 Sponsor(s): Senator Sanders

Summary/Synopsis: This bill provides for the resentencing under certain conditions of persons sentenced under the Habitual Offender Act prior to the enactment of act 2000-759. Section 13A-5-9.2 of the Act is added to the Code of 23 Alabama 1975.

A review panel of retired judges is established with the “the authority to resentence incarcerated individuals who received mandatory sentences of life or life without possibility of parole under the Habitual Felony Offender Act prior to its amendment by Act 2000-759. The panel shall make a determination as to whether the offender would have been eligible for a non-mandatory sentence under the 2000 amendment made by Act 2000-759, and shall then make a determination as to whether the offender should be resentenced.” The judges on the panel would be appointed by the governor and confirmed by the senate. Details of their employment are outlined in the bill.


League Action and Justification: Support. The proposal establishes a fair and transparent review system to insure equal justice for all prisoners.

Bill Progress in Legislature:

HB627

05/07/2015: First Reading and referred to the House Committee on Judiciary (JUDY).


SB466

05/07/2015: First Reading and referred to the Senate Committee on Judiciary (JUDY).



thumbs_up_icon.jpgSB476 (Constitutional Amendment) - General appropriations, Alabama Medicaid Agency appropriation limited to ten percent of total of state funds under Legislature's control, Department of Corrections appropriation limited to five and one half percent, limits exceeded under certain conditions, Section 71, Constitution of Alabama of 1901, am'd., const. amend.

LWVAL opposes SB476 and reports on this bill under the issue "Health Care." Follow SB476 here.
LWVAL is monitoring these bills:
[none at this time]


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