Chapter 1 - Punishments And Sentences
- Article 1 General Provisions.
- Section 13A-5-1 Applicability of provisions
(a) Every person convicted of any offense defined in this title, or defined outside this title, shall be sentenced by the court in accordance ...
- Section 13A-5-2 Authorized dispositions
(a) Every person convicted of a felony shall be sentenced by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and ...
- Section 13A-5-3 Classification of offenses
(a) Offenses are designated as felonies, misdemeanors or violations. (b) Felonies are classified according to the relative seriousness of the offense into three categories: ...
- Section 13A-5-4 Designation of offenses
(a) The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article ...
- Section 13A-5-5 Presentence investigation
There shall be a presentence or postsentence investigation report completed and filed on every defendant convicted of a felony offense after March 10, 2006, ...
- Section 13A-5-6 Sentences of imprisonment for felonies
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: (1) For a ...
- Section 13A-5-7 Sentences of imprisonment for misdemeanors and violations
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the ...
- Section 13A-5-8 Place of imprisonment
The place of imprisonment for sentences imposed in this state shall be as established elsewhere by law. ...
- Section 13A-5-9 Habitual felony offenders - Additional penalties
(a) In all cases when it is shown that a criminal defendant has been previously convicted of a felony and after the conviction has ...
- Section 13A-5-9.1 Retroactive application of Section 13A-5-9
The provisions of Section 13A-5-9 shall be applied retroactively by the sentencing judge or, if the sentencing judge is no longer in office, by ...
- Section 13A-5-10 Habitual felony offenders - Proof; restriction on imposition of penalty
(a) The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according ...
- Section 13A-5-10.1 Habitual felony offenders - Proof; certified copies of case action summary sheets, docket sheets, etc
(a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior ...
- Section 13A-5-11 Fines for felonies
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations: ...
- Section 13A-5-12 Fines for misdemeanors and violations
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations: ...
- Section 13A-5-12.1 Fines for certain additional misdemeanors
Notwithstanding any other provision of law, in municipal court, the maximum fine for every person either convicted for violating any misdemeanor in Act 2003-355 ...
- Section 13A-5-13 Crimes motivated by victim's race, color, religion, national origin, ethnicity or physical or mental disability
(a) The Legislature finds and declares the following: (1) It is the right of every person, regardless of race, color, religion, national origin, ethnicity, ...
- Article 2 Death Penalty and Life Imprisonment Without Parole.
- Section 13A-5-39 Definitions
As used in this article, these terms shall be defined as follows: (1) CAPITAL OFFENSE. An offense for which a defendant shall be punished ...
- Section 13A-5-40 Capital offenses
(a) The following are capital offenses: (1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by ...
- Section 13A-5-41 Lesser included offenses
Subject to the provisions of Section 13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of ...
- Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing
A defendant who is indicted for a capital offense may plead guilty to it, but the state must in any event prove the defendant's ...
- Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses; sentencing
(a) In the trial of a capital offense the jury shall first hear all the admissible evidence offered on the charge or charges against ...
- Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in sentence hearing
(a) The selection of the jury for the trial of a capital case shall include the selection of at least two alternate jurors chosen ...
- Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances
(a) Upon conviction of a defendant for a capital offense, the trial court shall conduct a separate sentence hearing to determine whether the defendant ...
- Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts; vote required; mistrial; waiver of right to advisory verdict
(a) Unless both parties with the consent of the court waive the right to have the sentence hearing conducted before a jury as provided ...
- Section 13A-5-47 Determination of sentence by court; pre-sentence investigation report; presentation of arguments on aggravating and mitigating circumstances; court to enter written findings; court not bound by sentence recommended by jury
(a) After the sentence hearing has been conducted, and after the jury has returned an advisory verdict, or after such a verdict has been ...
- Section 13A-5-48 Process of weighing aggravating and mitigating circumstances defined
The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not ...
- Section 13A-5-49 Aggravating circumstances
Aggravating circumstances shall be the following: (1) The capital offense was committed by a person under sentence of imprisonment; (2) The defendant was previously ...
- Section 13A-5-50 Consideration of aggravating circumstances in sentence determination
The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 ...
- Section 13A-5-51 Mitigating circumstances - Generally
Mitigating circumstances shall include, but not be limited to. the following: (1) The defendant has no significant history of prior criminal activity; (2) The ...
- Section 13A-5-52 Mitigating circumstances - Inclusion of defendant's character, record, etc
In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any ...
- Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations to be made by court; authority of court following review
(a) In any case in which the death penalty is imposed, in addition to reviewing the case for any error involving the conviction, the ...
- Section 13A-5-54 Appointment of experienced counsel for indigent defendants
Each person indicted for an offense punishable under the provisions of this article who is not able to afford legal counsel must be provided ...
- Section 13A-5-55 Conviction and sentence of death subject to automatic review
In all cases in which a defendant is sentenced to death, the judgment of conviction shall be subject to automatic review. The sentence of ...
- Section 13A-5-56 Supreme court to promulgate indictment forms, verdict forms and jury instructions
The Alabama Supreme Court shall promulgate pattern indictment forms for use in cases in which indictments charging offenses defined in Section 13A-5-40(a) are thereafter ...
- Section 13A-5-57 Application of article to conduct after effective date
(a) This article applies only to conduct occurring after 12:01 A.M. on July 1, 1981. Conduct occurring before 12:01 A.M. on July 1, 1981 ...
- Section 13A-5-58 Interpretation of article
This article shall be interpreted, and if necessary reinterpreted, to be constitutional. ...
- Section 13A-5-59 Application of article upon finding of unconstitutionality
It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision ...
