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Legislative briefs: Polling shows support for ‘second chance’ bill; fentanyl law fix in committee today

Poll: Alabamians support ‘second chance’ habitual offender bill

A majority of Alabamians support “second chance” legislation that would allow for the resentencing of some inmates previously convicted under Alabama’s Habitual Offender Act.

The state’s habitual offender law mandates a life sentence for those convicted of four felonies under certain circumstances. House Bill 29 by Rep. Chris England, D-Tuscaloosa, would grant those previously sentenced  the chance to be resentenced. The bill would not apply to those convicted of more serious offenses including murder and rape.

House Bill 29 is one of several of the House Judiciary Committee’s Wednesday agenda.

According to a recent survey, 88% of Alabama voters support the second chance legislation with  86% of Republicans and 92% of Democrats in favor of the idea.  The survey conducted by Cygnal polled 600 Alabamians between Jan. 29 and 30, focusing on criminal justice issues and priorities among Alabama voters. 

Alabama has one of the highest incarceration rates in the country with 938 per 100,000 people  incarcerated in Alabama. The issue of criminal justice reform has gained significant attention in  recent years due to an increase in violence and overcrowding prisons and a drop in the number of  inmates granted parole.  

As of 2020, there were more than 500 Alabamians serving life sentences under the state’s  habitual offender law, all of whom would be granted the opportunity to be resentenced under  HB29. 

“The Cygnal polling data validates that Alabamians want common sense and data driven  solutions to the prison crisis and that keeping older prisoners behind bars does not improve  public safety, draining our state of needed resources,” said Carla Crowder, executive director of Alabama Appleseed Center for Law and Justice expressed, who commissioned the poll.

— Kate Essig

HB82 fixes 2023 fentanyl bill

Also on the House Judiciary Committee’s agenda today is House Speaker Pro Tem Chris Pringle’s fix for a 2023 error that made a law he sponsored much broader than intended.

Pringle, R-Mobile, House Bill 82 last year aimed to charge with felony manslaughter those who knowingly  sell or deliver fentanyl that results in the death of someone. However, a glitch in a new  bill filing software system sent the wrong, more expansive bill to Gov. Kay Ivey for her signature.  The mistake allowed for  felony manslaughter charges for individuals providing any controlled substance that causes  death. This includes methamphetamines, cocaine, morphine and heroin. The law has been in effect since September.

Now, House Bill 10 would restrict the manslaughter charges to those targeting individuals who sell or distribute fentanyl or a drug containing fentanyl.

If approved by the Legislature and signed by Ivey, HB10 will become law immediately.

— Kate Essig

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