The Alabama Legislature adjourned in early May 2016 after having made some amendments to the Criminal Code as well as some additions. I have included here some of those changes.
HB1: Law enforcement officers, authorized to issue traffic citations at the scene of the crash for traffic offenses, under certain conditions, additional fines, § 32-5-171 am’d.
HB61: To amend § 13A-12-214.2, Code of Alabama 1975, relating to the possession and use of cannabidiol; to further provide for an affirmative defense for the use or possession of cannabidiol for certain debilitating conditions; to eliminate the requirement that cannabidiol be prescribed by a health care practitioner employed by UAB.
HB323: Sentencing, juvenile offenders convicted of capital offenses and certain other offenses, maximum sentence of life, § 13A-5-2, §13A-5-39, § 13A-5-43, § 13A-6-2 am’d. (Awaiting Governor’s Signature)
SB22: To amend § 13A-6-2 of the Code of Alabama 1975; to provide that a person commits the crime of murder if he or she commits or attempts to commit aggravated child abuse and he or she causes the death of another person during the commission or attempt.
SB23: § 26-15-3.3 is added to the Code of 13 Alabama 1975, to read as follows: §26-15-3.3(a) A responsible person, as defined in § 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years: (1) He or she violates the provisions of § 20 26-15-3 by acts taking place on more than two occasions. (2) He or she violates § 26-15-3 and in so doing also violates a court order concerning the parties or injunction. (3) He or she violates the provisions of § 26-15-3 which causes serious physical injury, as defined in § 13A-1-2, to the child.
(b) The crime of aggravated child abuse of a child under the age of six is a Class A felony.
SB127: Theft of cargo in commercial transportation and fifth wheel tampering, crimes defined, penalties, § 13A-8-3.1, § 13A-8-3.2 added; § 13A-8-1 am’d.
SB268: Section 1. (a) A person who is sentenced to custody in a city or county jail or to the custody of the Department of Corrections shall have his or her eligibility for Medicaid suspended, but not terminated, during periods of actual custody. (b) A person who is sentenced to custody in a city or county jail or to the custody of the Department of Corrections shall be eligible for temporary reinstatement of Medicaid eligibility for care received outside of a jail or correctional facility in a hospital or other health care facility for more 24 hours. (c) A city or county jail or the Department of Corrections may make efforts to establish eligibility for or renew Medicaid eligibility for a person prior to his or her release from a city or county jail or the custody of the Department of Corrections.
SB226: To amend § 20-2-23, Code of Alabama 1975, as amended by Act 2015-316 and Act 2015-368, 2015 Regular Session, relating to Schedule I of the controlled substances list, to include additional controlled substances and add Mitragynine and Hydroxymitragynine, commonly known as Kratom or Vicazen, to Schedule I of the controlled substances list.
SB300: Explosives, manufacturing defined, crimes of unlawful manufacture of a destructive device or bacteriological or biological weapon in first and second degrees established, Fire Marshal to establish qualifications for a permit to lawfully manufacture, § 13A-10-193.1, § 13A-10-193.2 added; §13A-10-190 am’d.