Latest news with #Barfoot
Yahoo
30-04-2025
- Politics
- Yahoo
Alabama House passes Aniah's Law expansion
Sen. Will Barfoot, R-Pike Road (center) applauds for a group in the Alabama Senate gallery on April 22, 2025 at the Alabama Statehouse in Montgomery, Alabama. The House on Tuesday passed Barfoot's constitutional amendment that expands Aniah's Law. (Brian Lyman/Alabama Reflector) The Alabama House of Representatives passed a constitutional amendment Tuesday that would expand the number of crimes where a judge may deny bond under Aniah's Law. SB 118, sponsored by Sen. Will Barfoot, R-Pike Road, expands the list of crimes that will not be eligible for bond to solicitation, attempt and conspiracy to commit murder; and discharging a weapon into an occupied dwelling. Alabama voters approved the original law in 2022. 'This is up to the judge to make the determination, it is not automatic,' said Rep. Matt Simpson, R-Daphne, who carried the legislation in the House. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Prior to approval of Aniah's Law, judges could only deny bond to individuals charged with capital murder. The amendment expanded that to include other serious crimes such as murder, kidnapping and rape. The amendment was named after Aniah Blanchard, a Southern Union Community College student who went missing in October 2019 and whose body was found a month later. Ibraheem Yazeed, who was charged with capital murder in Blanchard's death, had been charged with several violent crimes but released on bail months before Blanchard was killed. Yazeed is still awaiting trial. Aniah's Law allows prosecutors to request a hearing to determine if a defendant should be denied bond for committing a violent Class A felony such as rape and murder. But judges may still grant bond after hearing prosecution's claims. The bill passed 87-0 with 16 abstentions. The constitutional amendment must be approved by Alabama voters. The House also passed SB 119, also sponsored by Barfoot, that makes discharging a weapon into an occupied dwelling a Class A felony, up from a Class B felony. That is punishable by 10-99 years in prison and fines up to $60,000. Simpson said that most of those crimes come from people using a firearm modified with a Glock switch, which the Legislature banned earlier this session. 'You can't control what it does. You can maybe have a grasp over the first bullet that comes out, but the gun just goes off,' Simpson said. The bill passed 66-0 with 37 abstentions. It will go to voters for approval. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
10-04-2025
- Politics
- Yahoo
Alabama House committee approves bill allowing reviews of some long prison sentences
Sen. Will Barfoot, R-Pike Road, speaks with a colleague in the Alabama Senate on April 11, 2024 at the Alabama Statehouse in Montgomery, Alabama. The House Judiciary Committee approved legislaton Barfoot filed to allow some people serving long prison sentences to have their sentences reviewed. (Brian Lyman/Alabama Reflector) An Alabama House committee Wednesday approved a bill that would allow some people serving long prison sentences to have their cases reviewed. SB 156, sponsored by Sen. Will Barfoot, R-Pike Road, allows people who were sentenced under the Habitual Felony Offender Act to have their cases reviewed and have the chance to be released from prison if they did not commit a crime that caused physical injury. 'These individuals, if this bill goes into effect, would have served at least, hear me now, at least 25 years for an offense where there was no physical injury,' Barfoot said to members of the House Judiciary Committee. 'We routinely sentence and send people to prison for much less time for violent offenses such as murder and robbery.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The Habitual Felony Offender Act, enacted in 1977, required the state to impose a life sentence on anyone convicted of a Class B felony who had three prior felony convictions on their record, and life without parole for anyone convicted of a Class A felony. The law is widely considered to be a major driver of the state's prison overcrowding crisis. The Legislature in 2000 approved changes to the law that gave judges more flexibility in sentencing, but the changes were not retroactive. Barfoot's bill only applies to individuals sentenced to life without the possibility of parole prior to May 2000, when the Legislature approved the changes. Those with anyone convicted for homicide, a sexual offense or attempted murder would not be eligible for review. Those who are eligible may file to have their cases reviewed in the county where they were sentenced. Notices will then be sent to relevant parties such as prosecutors, victims as well as the Attorney General's Office that will then review the filing to determine if the person is eligible. If the applicant is determined to be eligible, the court will review the case to consider if the person should be resentenced based on specific factors: the underlying offense, how the person behaved while incarcerated in prison, the person's age and the likelihood the person will be successful after being released from prison. The bill requires those eligible for review to file a request by October 2030. It was the House's first opportunity to consider the legislation after the Senate took two rounds of votes to eventually get the measure approved. House members voted down the measure during the 2024 session. The House Judiciary Committee approved an amendment during the committee that allows the Attorney General's Office to review a person's petition for a case review, but also the relevant details in the indictment, and have the agency speak to the case. 'This would be a safeguard to ensure that, if someone has pled to a lesser charge based off of the details of the crime, the relevant indictment would have details if there are elements that would preclude you from being eligible in this law by having the AG review the indictment,' said Rep. Russell Bedsole, R-Alabaster, who introduced the amendment. It also states that the district attorney of the jurisdiction where the court will review the sentencing will have 'weighted consideration' for the petition to have the sentence reduced. The amendment also requires that data be collected regarding the crimes and convictions for the petitions that were filed, the counties that received the petitions and other information pertaining to petitioners. Barfoot's bill narrowly survived a vote in the Senate chamber in March when a majority of Republicans voted against the proposal, and it failed in the first vote 16-16. After nearly two hours, the legislation was reconsidered and passed by a vote of 17-8. Rep. Chris England, D-Tuscaloosa, filed a nearly identical proposal in previous sessions but was never enacted. During the 2024 session, his legislation was approved in the House Judiciary Committee, but Republicans voted to block the legislation on the House floor. Rep. Matt Simpson, R-Daphne, publicly opposed the legislation, telling the committee that the bill goes beyond giving people a second chance, but five chances to be released from prison after committing an offense. 'I firmly disagree that someone who has three prior felonies, and one of those prior felonies being a Class A felony, who gets out and commits another one of those offenses that I have named to you deserves more of a chance to continuously come to the court, and continuously drag victims through the process,' Simpson said. Elaine Burdeshaw, policy director for Alabama Appleseed, said people are serving sentences that are longer than those who commit violent crimes, and that challenges the notion of justice. 'Current sentencing practices, people can be convicted of much more serious violent crimes, and they are serving less time,' she said in an interview with the media following the meeting. Darlene Hutchinson, a victim advocate, said she is not taking a position on the legislation, but is grateful that the bill was modified to take into account the impact it has on victims. 'It allowed for victims to be heard, but there was zero victim notification in it,' she said. 'And I am fanatical about victim notification. My question to legislators then was, 'How are victims going to be heard if they are not even going to be notified if their case was coming back to court.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-03-2025
- Politics
- Yahoo
Alabama Senate passes ‘Second Chance' bill after second vote
Sen. Will Barfoot, R-Pike Road, presents SB 156, which would allow some people serving life in prison a chance to have their sentences reviewed, to the Senate floor on March 18, 2025. (Alander Rocha/Alabama Reflector) After almost dying on the Senate floor, the Alabama Senate Tuesday passed a bill to allow some people serving life in prison a chance to have their sentences reviewed. A majority of Senate Republicans initially sank the bill on a 16-16 vote, but after nearly two hours of uncertainty, the bill returned for a second vote and passed 17-8. Sen. David Sessions, R-Grand Bay, who voted against it, made a motion to reconsider the legislation, which is also known as 'The Second Chance Act.' 'When the vote was tied at 16-16, there was a motion to reconsider an hour or two later, and during that time, we had an opportunity to talk to different members and address concerns or questions that they may have had, what the bill actually did, and some misconceptions that were put out there,' said Sen. Will Barfoot, R-Pike Road, the bill's sponsor, after the Senate adjourned. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SB 156 would give some people sentenced to life in prison under the state's Habitual Offender Law before May 26, 2000, to have their sentences reviewed. Those convicted of homicides, sexually-based or violent offenses would not be eligible. Alabama in 1977 passed the Habitual Felony Offender Act, which enhanced penalties for those convicted of felonies who had previously served time for felony convictions. The legislation played a significant role in the state's current prison overcrowding crisis. The Legislature revised the law in 2000 to offer judges more discretion in sentencing people with prior felony convictions. Rep. Chris England, D-Tuscaloosa, has sponsored a similar bill since the 2021 legislative session. His legislation reached the House floor last year for the first time, but House Republicans killed the bill on a procedural vote. It passed the House the year before, but the Senate never considered it. Barfoot said there were misconceptions from members on what the bill would achieve, saying that some members thought a much larger population would have their sentences reviewed. He said that an estimated 150-200 inmates could benefit from having their sentences reduced. Sen. Chris Elliot, R-Josephine, asked what would happen if someone who was convicted under Habitual Offender Law 'habitually offends again,' and asked, 'Is there an automatic go back to jail?' Barfoot said there was that if a judge reduced a sentence and the individual was granted probation, 'the laws of the state of Alabama would apply.' Gov. Kay Ivey in her State of the State speech endorsed the legislation as part of a legislative package cracking down on violent crime. After the Senate's passage, Ivey praised its passage on X, formerly known as Twitter. 'It restores a chance at parole eligibility for a narrow category of inmates currently ineligible simply because of the date they were sentenced,' Ivey posted. The bill now moves to the House for consideration. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Associated Press
18-03-2025
- Politics
- Associated Press
Alabama Senate advances bill to allow small fraction of nonviolent offenders resentencing
MONTGOMERY, Ala. (AP) — A Republican-led bill that would allow resentencing hearings for people serving life in prison for nonviolent offenses narrowly advanced in the Alabama Senate on Tuesday in a rare demonstration of bipartisanship as nationally both Democrats and Republicans push for tough-on-crime policies. The legislation, dubbed the 'Second Chance Act,' passed 17-8 in the Republican-dominated chamber. It was endorsed by Republican Gov. Kay Ivey, who called it a 'common sense reform.' Similar legislation has been introduced in previous years but failed to advance. Republican Bill Barfoot, the measure's sponsor, estimates it would affect just 200 of the approximately 20,000 people in Alabama state prisons who were sentenced decades ago under a 1977 habitual offender law that has since been revised. The bill only applies to those charged before 2000, when a law was passed to give judges more discretion in sentencing. In other words, the change would only affect those who have already served over 25 years in prison for an offense in which no one was physically injured. Barfoot said people sentenced before the reforms might have received a shorter sentence if they were charged with the same crime today. 'We let individuals with much more heinous offenses out under current standards today,' Barfoot said. Opponents of the bill argued Tuesday that it would be a burden on the courts and give people who were formerly incarcerated the opportunity to reoffend. Barfoot emphasized that the bill is 'not a get out of jail free card.' District attorneys and any victims affected by the initial crime would be able to testify against resentencing during the trial.
Yahoo
05-03-2025
- Politics
- Yahoo
Alabama House committee approves Glock switch ban
Sen. Will Barfoot, R-Pike Road (left) speaks with Senate Majority Leader Steve Livingston, R-Scottsboro in the Alabama Senate on April 16, 2024 at the Alabama Statehouse in Montgomery, Alabama. Barfoot's legislation cleared its first hurdle in the Alabama House. (Brian Lyman/Alabama Reflector) An Alabama House committee Wednesday approved one of the few bills remaining in the 2025 session that aims to regulate firearms. SB 116, sponsored by Sen. Will Barfoot, R-Pike Road, won unanimous approval from the House Public Safety and Homeland Security Committee. The bill makes it a state crime to possess devices that turn semi-automatic weapons into machine guns. 'This is the Glock switch bill that many of us have been working on for several years now,' said Rep. Phillip Ensler, D-Montgomery, a longtime advocate of Glock switch bans who brought the bill before the committee. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Barfoot's legislation makes it a Class C felony, punishable by up to 10 years in prison and $15,000 fine, to 'convert a pistol into a machine gun.' Using a Glock switch is already a crime in federal statute, but the legislation would allow people to be prosecuted by the state without having to pass off the jurisdiction to the federal government. 'It simply mirrors federal law to create a state level offense for possession of a part, or combination of parts, that convert a pistol into a machine gun,' Ensler said. Local officials urged lawmakers in the Legislature to pass gun control legislation to make it more difficult for people to convert firearms into fully automatic weapons. Police said Glock switches were used in a mass shooting in Birmingham in September that killed four people and injured 17. Alabama has one of the highest rates of firearm deaths in the nation. According to the Centers of Disease Control and Prevention, Alabama's firearm death rate in 2022 was 25.5 per 100,000 people in 2022, the fourth highest in the nation. Alabama had more overall firearm deaths than New York State, which has almost four times the population of Alabama. Barfoot's bill passed unanimously in the Senate last week. The bill is one of two that are nearly identical bills that the Legislature is considering for the session. The other, HB 26, sponsored by Ensler, also makes it a state crime to use a Glock switch that allows a user to fire multiple rounds with one pull of the trigger. Gov. Kay Ivey expressed her support for the measure at a news conference with law enforcement and mayors from the state's urban areas. Barfoot's bill is part of a public safety package that includes legislation to improve recruitment and retention of law enforcement by offering them enhanced immunity protection and providing their dependents with scholarships for college. Other bills establish tougher penalties for people who commit violent crimes, place greater restrictions on parole and those released from pretrial detention, as well as enhanced monitoring and oversight for juveniles in the criminal justice system. SB 116 and HB 26 are also the bills in the public safety package that Democrats have largely supported, while expressing concerns with the others. HB 26 was supposed to be considered in the same Public Safety and Homeland Security Committee last week, but Ensler said committee chair Rep. Allen Treadaway, R-Morris agreed to delay a vote on his legislation per his request at the Feb. 26 committee meeting. Ensler said they needed to 'clean up' the language in the bill. SUPPORT: YOU MAKE OUR WORK POSSIBLE
