Criminal Justice Reform
LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.Click a bill to see sponsor(s), synopsis, link to the bill, League action and justification for that action, and progress of the bill through the legislative process.
Legend:
= LWVAL's support for the legislation. 
= LWVAL's opposition to the legislation.
= 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.Contact information for legislators and committees referenced in the bills below:
Representatives Standing House Committees Senators Standing Senate Committees Find my legislators
LWVAL has taken a position on these bills:
HB68/SB288 - Courts Judicial Resources Allocation, Chief Justice of Supreme Court of Alabama, require to reassign judges for prompt administration of justice, presiding circuit judge, authorized to reassign judges within circuit, Secs. 12-9A-7, 12-9A-8 added
Sponsor(s):
HB68 - Representative Hill
SB288 - Senator Albritton
Synopsis and Analysis: Requires Supreme Court Chief Justice to assign a circuit or district court judge to assist another district or circuit in case of extreme congestion or backlog.
League Action and Justification: Support. This bill increases access to prompt court hearings.
Bill Progress in Legislature:
HB68
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
02/01/2018 - Read for the second time and placed on the calendar 1 amendment (190903-2); Pending third reading on day 9; Favorable from Judiciary with 1 amendment
02/22/2018 - Third Reading Passed; 190903-2 Judiciary Amendment Offered; Hill motion to Table adopted; 192140-1 Hill Amendment Offered; Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed
Senate
02/27/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar; Pending third reading on day 19; Favorable from JUDY
03/21/2018 - Third Reading Carried Over to Call of the Chair; Ward motion to Carry Over to the Call of the Chair adopted Voice Vote
03/22/2018 - Third Reading Passed; Ward Amendment Offered; Ward motion to Adopt adopted Roll Call 1030; Motion to Read a Third Time and Pass adopted Roll Call
House
03/28/2018 - Concurrence Requested; Hill motion to Concur In and Adopt adopted Roll Call
Senate
03/28/2018 - Concurred in Second House Amendment; Signature Requested
House
03/28/2018 - Enrolled; Clerk of the House Certification; Assigned Act No. 2018-567; Forwarded to Governor on March 28, 2018 at 4:30 p.m. on March 28, 2018.
SB288
02/08/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
HB68 - Representative Hill
SB288 - Senator Albritton
Synopsis and Analysis: Requires Supreme Court Chief Justice to assign a circuit or district court judge to assist another district or circuit in case of extreme congestion or backlog.
League Action and Justification: Support. This bill increases access to prompt court hearings.
Bill Progress in Legislature:
HB68
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
02/01/2018 - Read for the second time and placed on the calendar 1 amendment (190903-2); Pending third reading on day 9; Favorable from Judiciary with 1 amendment
02/22/2018 - Third Reading Passed; 190903-2 Judiciary Amendment Offered; Hill motion to Table adopted; 192140-1 Hill Amendment Offered; Motion to Adopt adopted; Motion to Read a Third Time and Pass adopted; Engrossed
Senate
02/27/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar; Pending third reading on day 19; Favorable from JUDY
03/21/2018 - Third Reading Carried Over to Call of the Chair; Ward motion to Carry Over to the Call of the Chair adopted Voice Vote
03/22/2018 - Third Reading Passed; Ward Amendment Offered; Ward motion to Adopt adopted Roll Call 1030; Motion to Read a Third Time and Pass adopted Roll Call
House
03/28/2018 - Concurrence Requested; Hill motion to Concur In and Adopt adopted Roll Call
Senate
03/28/2018 - Concurred in Second House Amendment; Signature Requested
House
03/28/2018 - Enrolled; Clerk of the House Certification; Assigned Act No. 2018-567; Forwarded to Governor on March 28, 2018 at 4:30 p.m. on March 28, 2018.
SB288
02/08/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
HB74 - Criminal procedure, sentence and punishment, credit for time spent incarcerated pending trial or other adjudication, Sec. 15-18-5 am'd.
Sponsor(s): Representative Hollis
Synopsis and Analysis: Allows juvenile offenders to use time served while awaiting trial towards their overall sentence.
League Action and Justification: Support. This bill supports the League's position on juvenile justice reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
Synopsis and Analysis: Allows juvenile offenders to use time served while awaiting trial towards their overall sentence.
League Action and Justification: Support. This bill supports the League's position on juvenile justice reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
HB115 - Captial offenses, enumerated capital offenses, murder on school campus, included, murder in a day care center, included, Sec. 13A-5-40 am'd.
Sponsor(s): Representative Greer
Synopsis and Analysis: Increases capital offenses to include murder in a day care or on a school campus.
This bill was assigned to House Judiciary and has not moved.
League Action and Justification: Oppose. The League opposes the death penalty and any expansion of the death penalty.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
02/15/2018 - Read for the second time and placed on the calendar; Pending third reading on day 13; Favorable from Judiciary
Synopsis and Analysis: Increases capital offenses to include murder in a day care or on a school campus.
This bill was assigned to House Judiciary and has not moved.
League Action and Justification: Oppose. The League opposes the death penalty and any expansion of the death penalty.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
02/15/2018 - Read for the second time and placed on the calendar; Pending third reading on day 13; Favorable from Judiciary
HB129 - Relating to juvenile dependency proceedings; to establish indigency requirements and limit eligibility for court-appointed counsel for parents who have parental rights terminated.
Sponsor(s): Representatives Wingo, Ainsworth, Rich, Fincher, Garrett, Moody
Synopsis and Analysis: Disallows parents who have had parental rights terminated from accessing a court-appointed lawyer due to indigence.
League Action and Justification: Oppose. This bill reduces access to justice.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
03/21/2018 - Read for the second time and placed on the calendar with 1 substitute; 193004-2Judiciary first Substitute Offered; Pending third reading on day 23; Favorable from Judiciary with 1 substitute
Synopsis and Analysis: Disallows parents who have had parental rights terminated from accessing a court-appointed lawyer due to indigence.
League Action and Justification: Oppose. This bill reduces access to justice.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the House of Representatives Committee on Judiciary (JUDY)
03/21/2018 - Read for the second time and placed on the calendar with 1 substitute; 193004-2Judiciary first Substitute Offered; Pending third reading on day 23; Favorable from Judiciary with 1 substitute
HB225/SB148 - Juvenile Justice, provisions relating to the juvenile justice system substantially revised, adoption of policies for absenteeism and school misconduct required, Juvenile Justice Reinvestment Fund, created, Secs, 12-15-102, 12-15-107, 12-15-110, 12-15-117, 12-15-119, 12-15-120, 12-15-121, 12-15-126, 12-15-127, 12-15-128, 12-15-132, 12-15-203, 12-15-204, 12-15-207, 12-15-209, 12-15-211, 12-15-215, 12-15-221, 12-15-701, 12-25-9, 16-28-2.2, 16-28-8, 16-28-12, 16-28-13, 16-28-14, 16-28-16, 16-28-17, 16-28-18, 44-1-1, 44-1-24, 44-1-36 am'd.
Sponsor(s):
HB225 - Representative Hill
SB148 - Senator Ward
Synopsis and Analysis : A bill to implement recommendations of the Alabama Juvenile Justice Task Force, including:
League Action and Justification: Support. This bill is based on evidence-based practices to reduce youth incarceration and to reform one of the most abhorrent parts of our existing criminal justice system. LWVUS has a position supporting early intervention and support for children at risk. This bill would comport with that position.
Bill Progress in Legislature:
HB225
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY).
01/16/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar with 1 substitute and 3 amendments
03/15/2018 - Third Reading Passed;192210-4 Judiciary first Substitute Offered; Knight motion to Carry Over to Day Certain lost Roll Call ; Motion to Adopt Judiciary substitute adopted Roll Call; Whorton (R) intended to vote "Yea"; 192858-2 Judiciary 1st Amendment Offered; Hill motion to Table adopted Roll Call; 192867-2 Judiciary 2nd Amendment Offered; Motion to Adopt adopted Roll Call; 192811-2 Judiciary 3rd Amendment Offered; Motion to Adopt adopted Roll Call; 193114-1 Whorton (I) Amendment Offered; Motion to Adopt adopted Roll Call; 193412-1 Warren Amendment Offered; Motion to Adopt adopted Roll Call; 193417-1 Lovvorn Amendment Offered; Hill motion to Table adopted Roll Call; 193248-1 Wadsworth Amendment #1 Offered; Motion to Adopt adopted Roll Call; 193093-1 Wadsworth 2nd Amendment Offered; Motion to Adopt adopted Roll Call; 193448-1 Knight Amendment Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Hanes intended to vote "Yea"; Engrossed
Senate
03/21/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/22/2018 - Read for the second time and placed on the calendar 3 amendments
Dates of the following offerings are unknown.
House
192811-2 Judiciary third Amendment Offered
192867-2 Judiciary second Amendment Offered
Senate
Pending third reading on day 24 Favorable from Judiciary with 3 amendments
193839-2 Judiciary third Amendment Offered
House
192858-2 Judiciary first Amendment Offered
Senate
193880-2 Judiciary second Amendment Offered
193862-4 Judiciary first Amendment Offered
SB148
01/11/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
HB225 - Representative Hill
SB148 - Senator Ward
Synopsis and Analysis : A bill to implement recommendations of the Alabama Juvenile Justice Task Force, including:
- expanding early interventions for youth to avoid court involvement;
- development of a statewide detention risk assessment tool for pre-adjudication decisions and to establish standards for informal adjustments for certain youth;
- modifies the list of crimes that may allow a child of 14 to be tried as an adult, and expands the list of crimes that a child of 16 may be tried as a juvenile;
- removes certain court costs or fees imposed upon children;
- defines offenses that require placement with the Department of Youth Services, and establishes guidelines for length of juvenile-court-ordered supervision;
- requires Boards of Education to inform parents of resources available to them related to their child's absenteeism or school-related misconduct, and requires community partnership be established to provide these referrals;
- creates the Juvenile Justice Reinvestment Fund to invest cost savings from fewer placements of children into DYS into more evidence-based deferment programs;
- creates the Juvenile Justice Oversight Committee to oversee said changes;
- requires courts and Youth Services to create and adopt a risk/needs assessment to evaluate a child's risk of re-offending and to address needs that could reduce re-offending;
- changes penalties related to voluntary sexual contact between minors - requires adjudication as a child in need of supervision.
League Action and Justification: Support. This bill is based on evidence-based practices to reduce youth incarceration and to reform one of the most abhorrent parts of our existing criminal justice system. LWVUS has a position supporting early intervention and support for children at risk. This bill would comport with that position.
Bill Progress in Legislature:
HB225
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY).
01/16/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar with 1 substitute and 3 amendments
03/15/2018 - Third Reading Passed;192210-4 Judiciary first Substitute Offered; Knight motion to Carry Over to Day Certain lost Roll Call ; Motion to Adopt Judiciary substitute adopted Roll Call; Whorton (R) intended to vote "Yea"; 192858-2 Judiciary 1st Amendment Offered; Hill motion to Table adopted Roll Call; 192867-2 Judiciary 2nd Amendment Offered; Motion to Adopt adopted Roll Call; 192811-2 Judiciary 3rd Amendment Offered; Motion to Adopt adopted Roll Call; 193114-1 Whorton (I) Amendment Offered; Motion to Adopt adopted Roll Call; 193412-1 Warren Amendment Offered; Motion to Adopt adopted Roll Call; 193417-1 Lovvorn Amendment Offered; Hill motion to Table adopted Roll Call; 193248-1 Wadsworth Amendment #1 Offered; Motion to Adopt adopted Roll Call; 193093-1 Wadsworth 2nd Amendment Offered; Motion to Adopt adopted Roll Call; 193448-1 Knight Amendment Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Hanes intended to vote "Yea"; Engrossed
Senate
03/21/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/22/2018 - Read for the second time and placed on the calendar 3 amendments
Dates of the following offerings are unknown.
House
192811-2 Judiciary third Amendment Offered
192867-2 Judiciary second Amendment Offered
Senate
Pending third reading on day 24 Favorable from Judiciary with 3 amendments
193839-2 Judiciary third Amendment Offered
House
192858-2 Judiciary first Amendment Offered
Senate
193880-2 Judiciary second Amendment Offered
193862-4 Judiciary first Amendment Offered
SB148
01/11/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
HB233/SB103 - Death penalty, moratorium on imposition and execution not to exceed three years, procedure for administering
Sponsor(s):
HB233 - Representative Coleman
SB103 - Senator Sanders
Synopsis and Analysis : Death penalty moratorium for 3 years to study the issue for fairness and equity.
League Action and Justification: Support. The League opposes the death penalty.
Bill Progress in Legislature:
HB233
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB103
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
HB233 - Representative Coleman
SB103 - Senator Sanders
Synopsis and Analysis : Death penalty moratorium for 3 years to study the issue for fairness and equity.
League Action and Justification: Support. The League opposes the death penalty.
Bill Progress in Legislature:
HB233
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB103
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
HB234 - Parole, Board of Pardons and Paroles, violations, confinement period for parole violation reduced for time served in holding, Sec. 15-22-32 am'd.
Sponsor(s): Representative Coleman
Synopsis and Analysis: Reduces confinement period for parole violators by allowing time served in holding to count against total sentence.
League Action and Justification: Support. This bill is a part of criminal justice reform.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
Synopsis and Analysis: Reduces confinement period for parole violators by allowing time served in holding to count against total sentence.
League Action and Justification: Support. This bill is a part of criminal justice reform.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
HB287/SB213 - Asset forfeitures, criminal procedure, Alabama Forfeiture Accountability and Integrity Reform Act, Secs. 13A-8-117, 13A-11-37, 20-2-93 repealed
Sponsor(s):
HB287 - Representative Mooney
SB213 - Senator Orr
Synopsis and Analysis : Civil asset forfeiture reform, including:
League Action and Justification: Support. This bill is a part of comprehensive criminal justice reform and supported by numerous groups including SPLC, Appleseed and ACLU.
Bill Progress in Legislature:
HB287
01/23/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB213
01/23/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/20/2018 - Read for the second time and placed on the calendar
03/20/2018 - Third Reading Carried Over to Call of the Chair; 193556-1 Orr first Substitute Offered; Orr motion to Adopt adopted Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote
03/21/2018 - Third Reading Carried Over to Call of the Chair; 193678-1 Orr Amendment Offered; Orr motion to Adopt adopted Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote; Third Reading Passed; 193793-1 Smitherman Amendment Offered; Smitherman motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call
03/22/2018 - Engrossed
HB287 - Representative Mooney
SB213 - Senator Orr
Synopsis and Analysis : Civil asset forfeiture reform, including:
- Officers must provide a receipt for properties seized.
- Claimant may have a pre-trial hearing to challenge validity of asset seizure.
- If the property seized is needed to pay for legal counsel, a portion of the property must be returned to allow for payment of legal counsel.
- A judge shall examine the validity of any asset seizures related to other criminal charges (? I think this is what Section 17 means)
- Criminal defendants may challenge the validity of asset seizures as disproportionate or unconstitutional
- Seized properties may not be kept for department use, sold or given to employees, family members of employees, or other law enforcement agencies
- A public database must be kept of all seized properties, reason for seizure, and how the funds raised from these seizures were used to fund law enforcement activities
League Action and Justification: Support. This bill is a part of comprehensive criminal justice reform and supported by numerous groups including SPLC, Appleseed and ACLU.
Bill Progress in Legislature:
HB287
01/23/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB213
01/23/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/20/2018 - Read for the second time and placed on the calendar
03/20/2018 - Third Reading Carried Over to Call of the Chair; 193556-1 Orr first Substitute Offered; Orr motion to Adopt adopted Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote
03/21/2018 - Third Reading Carried Over to Call of the Chair; 193678-1 Orr Amendment Offered; Orr motion to Adopt adopted Roll Call; Orr motion to Carry Over to the Call of the Chair adopted Voice Vote; Third Reading Passed; 193793-1 Smitherman Amendment Offered; Smitherman motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call
03/22/2018 - Engrossed
HB375/SB247 - Custodial sexual misconduct, crimes further defined, community corrections program, alcohol or drug abuse court referral and treatment program included, Secs. 14-11-30, 14-11-31 am'd.
Sponsor(s):
HB375 - Representative Butler
SB247 - Senator Williams
Synopsis and Analysis: Expands the definition of an employee and an inmate related to employees who are banned from having sexual relations with inmates in state custody.
League Action and Justification: Support. This is related to criminal justice reform and seems completely logical, particularly given recent news about local jails claiming that sexual contact with those in custody is legal.
Bill Progress in Legislature:
HB375
02/06/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB247
01/30/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/22/2018 - Read for the second time and placed on the calendar 1 amendment
03/15/2018 - Third Reading Passed; 192087-1Judiciary Amendment Offered; Williams motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
House
03/15/2018 - Read for the first time and referred to the House of Representatives committee on JudiciaryJUDY
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Judiciary
HB375 - Representative Butler
SB247 - Senator Williams
Synopsis and Analysis: Expands the definition of an employee and an inmate related to employees who are banned from having sexual relations with inmates in state custody.
League Action and Justification: Support. This is related to criminal justice reform and seems completely logical, particularly given recent news about local jails claiming that sexual contact with those in custody is legal.
Bill Progress in Legislature:
HB375
02/06/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
SB247
01/30/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/22/2018 - Read for the second time and placed on the calendar 1 amendment
03/15/2018 - Third Reading Passed; 192087-1Judiciary Amendment Offered; Williams motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
House
03/15/2018 - Read for the first time and referred to the House of Representatives committee on JudiciaryJUDY
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Judiciary
HB379 - Indigent defense, juvenile court, guardian ad litems, maximum atty fee for services raised, Sec. 15-12-21 am'd.
Sponsor(s): Representative England
Synopsis and Analysis: Lifts the maximum fee cap for court-appointed attorneys in certain circumstances, including in capital murder cases and subsequent appeals; and, allows the court to appoint an attorney for an incapacitated person who needs commitment.
League Action and Justification: Support. Criminal justice reform; expands access to representation for indigent clients.
Bill Progress in Legislature:
02/06/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar with 1 substitute and 1 amendment
03/15/2018 - Third Reading Passed; 192374-2Judiciary first Substitute Offered; Motion to Adopt adopted Roll Call; 192857-3 Judiciary Amendment Offered; Motion to Adopt adopted Roll Call; 193399-1Jones Amendment Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
03/15/2018 - Whorton (I) filed conflict of interest
Senate
03/20/2018 - Read for the first time and referred to the Senate committee on Finance and Taxation General Fund (F&TG)
03/22/2018 - Read for the second time and placed on the calendar 1 amendment 1140; Pending third reading on day 24 Favorable from Finance and Taxation General Fund with 1 amendment ; 193637-4 Finance and Taxation General Fund first Amendment Offered
Following date unknown.
House
192857-3 Judiciary first Amendment Offered
Synopsis and Analysis: Lifts the maximum fee cap for court-appointed attorneys in certain circumstances, including in capital murder cases and subsequent appeals; and, allows the court to appoint an attorney for an incapacitated person who needs commitment.
League Action and Justification: Support. Criminal justice reform; expands access to representation for indigent clients.
Bill Progress in Legislature:
02/06/2018 - Read for the first time and referred to the House Committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar with 1 substitute and 1 amendment
03/15/2018 - Third Reading Passed; 192374-2Judiciary first Substitute Offered; Motion to Adopt adopted Roll Call; 192857-3 Judiciary Amendment Offered; Motion to Adopt adopted Roll Call; 193399-1Jones Amendment Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
03/15/2018 - Whorton (I) filed conflict of interest
Senate
03/20/2018 - Read for the first time and referred to the Senate committee on Finance and Taxation General Fund (F&TG)
03/22/2018 - Read for the second time and placed on the calendar 1 amendment 1140; Pending third reading on day 24 Favorable from Finance and Taxation General Fund with 1 amendment ; 193637-4 Finance and Taxation General Fund first Amendment Offered
Following date unknown.
House
192857-3 Judiciary first Amendment Offered
SB31 - Municipal courts, municipal judges, bail, to require defendants to be released as an unsecured appearance bond or on personal recognizance, with exceptions, Sec. 12-14-5 am'd.
Sponsor(s): Senator Albritton
Synopsis and Analysis : Removes cash bail for defendants who do not serve a flight risk.
League Action and Justification: Support. This bill removes oppressive bail fees. This bill has been endorsed by the ACLU and other criminal justice reform advocates.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
01/11/2018 - Read for the second time and placed on the calendar; Pending third reading on day 3; Favorable from Judy
02/13/2018 - Third Reading Carried Over; Albritton motion to Carry Over adopted Voice Vote; Further Consideration
Synopsis and Analysis : Removes cash bail for defendants who do not serve a flight risk.
League Action and Justification: Support. This bill removes oppressive bail fees. This bill has been endorsed by the ACLU and other criminal justice reform advocates.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
01/11/2018 - Read for the second time and placed on the calendar; Pending third reading on day 3; Favorable from Judy
02/13/2018 - Third Reading Carried Over; Albritton motion to Carry Over adopted Voice Vote; Further Consideration
SB34 - Municipal courts, mayors and municipal court judges, mayor authorized to remit court costs imposed by municipal court judge, municipal court judges authorized to remit certain costs upon a showing of indigency, mayor's authority to commute sentences removed, municipal court judges authorized to issue arrest warrants and hold certain persons in contempt of court, Secs. 12-14-15, 12-14-32 am'd.
Sponsor(s): Senator Ward
Synopsis and Analysis : Allows municipal judges or mayors to commute court fines or fees due to indigence; also removes ability of Mayors to commute sentences; finally, muni court judges can issue warrants and hold people in contempt of court.
League Action and Justification: Support. This bill would remove some of the burden of high court fines and fees.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/01/2018 - Read for the second time and placed on the calendar with 1 substitute; Pending third reading on day 9; Favorable from JUDY with 1 substitute (189398-2); JUDY first Substitute Offered
Synopsis and Analysis : Allows municipal judges or mayors to commute court fines or fees due to indigence; also removes ability of Mayors to commute sentences; finally, muni court judges can issue warrants and hold people in contempt of court.
League Action and Justification: Support. This bill would remove some of the burden of high court fines and fees.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
02/01/2018 - Read for the second time and placed on the calendar with 1 substitute; Pending third reading on day 9; Favorable from JUDY with 1 substitute (189398-2); JUDY first Substitute Offered
SB37 - Municipal courts, pretrial diversion program, voluntary transfer authorized
Sponsor(s): Senator Ward
Synopsis and Analysis : Allows for voluntary diversion of a defendant from municipal court to county or district court when a pretrial diversion, mental health court, drug court, veteran court, etc. exists.
League Action and Justification: Support. This bill is a part of many comprehensive criminal justice reform proposals to increase access to pretrial diversion.
Bill Progress in Legislature:
Senate:
01/09/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
01/18/2018 - Read for the second time and placed on the calendar
01/25/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted;
House:
01/25/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY); Pending committee action in 2nd house
03/15/2018 - Read for the second time and placed on the calendar 1 amendment ; 193273-1 Judiciary first Amendment Offered; Pending third reading on day 21; Favorable from Judiciary with 1 amendment
Synopsis and Analysis : Allows for voluntary diversion of a defendant from municipal court to county or district court when a pretrial diversion, mental health court, drug court, veteran court, etc. exists.
League Action and Justification: Support. This bill is a part of many comprehensive criminal justice reform proposals to increase access to pretrial diversion.
Bill Progress in Legislature:
Senate:
01/09/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
01/18/2018 - Read for the second time and placed on the calendar
01/25/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted;
House:
01/25/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY); Pending committee action in 2nd house
03/15/2018 - Read for the second time and placed on the calendar 1 amendment ; 193273-1 Judiciary first Amendment Offered; Pending third reading on day 21; Favorable from Judiciary with 1 amendment
SB104 - Death penalty repealed, Secs. 13A-5-39, 13A-5-43, 13A-5-44, 15-18-100 am'd; Secs. 13A-5-45 to 13A-5-53, inclusive, 13A-5-55, 13A-5-59, 15-18-80 to 15-18-86, inclusive, repealed
Sponsor(s): Senator Sanders
Synopsis and Analysis : Full repeal of the death penalty.
League Action and Justification: Support. The League opposes the death penalty.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
Synopsis and Analysis : Full repeal of the death penalty.
League Action and Justification: Support. The League opposes the death penalty.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
SB106 - Capital cases, judge not to override jury verdict of life without parole, Act 2017-131 made retroactive, Act 2017-131, 2017 Reg. Sess., am'd.
Sponsor(s): Senator Sanders
Synopsis and Analysis : Overturns judicial override retroactively. In past cases where life without parole was overturned by a judge in favor of the death penalty, the penalty is overturned.
League Action and Justification: Support. The League opposes the death penalty and supported an end to judicial override.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
Synopsis and Analysis : Overturns judicial override retroactively. In past cases where life without parole was overturned by a judge in favor of the death penalty, the penalty is overturned.
League Action and Justification: Support. The League opposes the death penalty and supported an end to judicial override.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY)
SB118 - Capital punishment, intellectual disability defendant, procedures for court to determine, established, Sec. 13A-5-60 added
Sponsor(s): Senator Sanders
Synopsis and Analysis: Establishes procedures to determine whether a capital murder defendant has an intellectual disability, barring them from the death penalty.
League Action and Justification: Support. This bill is an important part of criminal justice/death penalty reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
Synopsis and Analysis: Establishes procedures to determine whether a capital murder defendant has an intellectual disability, barring them from the death penalty.
League Action and Justification: Support. This bill is an important part of criminal justice/death penalty reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
SB119 - Death penalty, persons under certain age exempt
Sponsor(s): Senator Sanders
Synopsis and Analysis : Prohibits the death penalty for capital murder defendants who were less than 18 years old at the time of the crime.
League Action and Justification: Support. This bill is an important part of criminal justice/death penalty reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
Synopsis and Analysis : Prohibits the death penalty for capital murder defendants who were less than 18 years old at the time of the crime.
League Action and Justification: Support. This bill is an important part of criminal justice/death penalty reform.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
SB160 - Expungement of criminal records, authorized for youthful offenders, Sec. 15-27-2.1 added
Sponsor(s): Senator Whatley
Synopsis and Analysis: Allows for expungement of criminal record of juvenile offenders.
League Action and Justification: Support. This bill is a part of comprehensive juvenile justice reform.
Bill Progress in Legislature:
01/11/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
02/15/2018 - Read for the second time and placed on the calendar with 1 substitute (191097-2); Pending third reading on day 13; Favorable from Judiciary with 1 substitute
03/15/201 - SThird Reading Carried Over to Call of the Chair; Whatley motion to Carry Over to the Call of the Chair adopted Voice Vote; Third Reading Passed; 191097-2Judiciary Substitute Offered; Whatley motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
House
03/15/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Judiciary
Following date unknown.
Senate
191097-2 Judiciary first Substitute Offered
Synopsis and Analysis: Allows for expungement of criminal record of juvenile offenders.
League Action and Justification: Support. This bill is a part of comprehensive juvenile justice reform.
Bill Progress in Legislature:
01/11/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
02/15/2018 - Read for the second time and placed on the calendar with 1 substitute (191097-2); Pending third reading on day 13; Favorable from Judiciary with 1 substitute
03/15/201 - SThird Reading Carried Over to Call of the Chair; Whatley motion to Carry Over to the Call of the Chair adopted Voice Vote; Third Reading Passed; 191097-2Judiciary Substitute Offered; Whatley motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
House
03/15/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/21/2018 - Read for the second time and placed on the calendar; Pending third reading on day 23; Favorable from Judiciary
Following date unknown.
Senate
191097-2 Judiciary first Substitute Offered
SB174 - Inmates, counties, jails, to provide certain items including health care, fees set, Sec. 14-6-19 am'd.
Sponsor(s): Senator Reed
Synopsis and Analysis: Provides guidance and standards for a county or sheriff contracting with medical service providers - expanding minimum health service requirements.
League Action and Justification: Support. This bill expands availability of services to people who are incarcerated.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the Senate Committee on Health and Human Services (HLTH)
01/25/2018 - Read for the second time and placed on the calendar; Pending third reading on day 7; Favorable from HLTH
Synopsis and Analysis: Provides guidance and standards for a county or sheriff contracting with medical service providers - expanding minimum health service requirements.
League Action and Justification: Support. This bill expands availability of services to people who are incarcerated.
Bill Progress in Legislature:
01/16/2018 - Read for the first time and referred to the Senate Committee on Health and Human Services (HLTH)
01/25/2018 - Read for the second time and placed on the calendar; Pending third reading on day 7; Favorable from HLTH
SB272 - Capital defendant, execution of, elect to be executed by nitrogen hypoxia if lethal injection is unavailable, Secs. 15-18-82, 15-18-82.1 am'd.
Sponsor(s): Senator Pittman
Synopsis and Analysis : Allows execution by nitrogen hypoxia if lethal injection drugs are unavailable.
League Action and Justification: Oppose. This bill expands the death penalty.
Bill Progress in Legislature:
02/01/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
02/15/18 - Read for the 2nd time and placed on the calendar; Pending 3rd reading on Day 13; Favorable from JUDY.
02/22/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
House
02/22/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar
03/20/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
03/21/2018 - Passed Second House; Enrolled; Signature Requested
Assigned Act No. 2018-353.
Synopsis and Analysis : Allows execution by nitrogen hypoxia if lethal injection drugs are unavailable.
League Action and Justification: Oppose. This bill expands the death penalty.
Bill Progress in Legislature:
02/01/2018 - Read for the first time and referred to the Senate Committee on Judiciary (JUDY).
02/15/18 - Read for the 2nd time and placed on the calendar; Pending 3rd reading on Day 13; Favorable from JUDY.
02/22/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
House
02/22/2018 - Read for the first time and referred to the House of Representatives committee on Judiciary (JUDY)
03/08/2018 - Read for the second time and placed on the calendar
03/20/2018 - Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
03/21/2018 - Passed Second House; Enrolled; Signature Requested
Assigned Act No. 2018-353.
LWVAL is monitoring this bill:
SB36 - Court costs, docket fee, waiver for substantial hardship, verified statement required, time period to pay up denial of hardship petition, Sec. 12-19-70 am'd.
Sponsor(s): Senator Ward
Synopsis and Analysis : Changes rules about applying for hardship exemption for court fines and fees, and requires applicants to pay the fine or fee within 30 days if hardship is not substantiated.
League Action and Justification: Monitor.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/01/2018 - Read for the second time and placed on the calendar 2 amendments; 192136-3 Judiciary second Amendment Offered; 192462-1 Judiciary first Amendment Offered; Pending third reading on day 17; Favorable from Judiciary with 2 amendments
Synopsis and Analysis : Changes rules about applying for hardship exemption for court fines and fees, and requires applicants to pay the fine or fee within 30 days if hardship is not substantiated.
League Action and Justification: Monitor.
Bill Progress in Legislature:
01/09/2018 - Read for the first time and referred to the Senate committee on Judiciary (JUDY)
03/01/2018 - Read for the second time and placed on the calendar 2 amendments; 192136-3 Judiciary second Amendment Offered; 192462-1 Judiciary first Amendment Offered; Pending third reading on day 17; Favorable from Judiciary with 2 amendments
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