Latest news with #WillBarfoot
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
17-04-2025
- Politics
- Yahoo
Alabama House committee OKs bill revising state law on firearm bans
Sen. Will Barfoot, R-Pike Road, listens to a speaker in the Alabama Senate on May 8, 2024 at the Alabama Statehouse in Montgomery, Alabama. He filed legislation that places a time limit on bans for firearms. (Brian Lyman/Alabama Reflector) An Alabama House committee approved legislation that puts a five-year time limit on firearm bans for certain felony convictions and enhances the criminal penalty for people who fire into a building with people in it. SB 119, sponsored by Sen. Will Barfoot, R-Pike Road, revises state laws on who is barred from owning a firearm and enhances some penalties around it. . 'We looked at, 'What are some issues, or problems and concerns that we have as it relates to individuals who possess firearms, and have been convicted, either relatively close proximity to the date that they are found in possession of a firearm or, if they have been convicted of multiple felonies before.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The Senate approved the bill earlier this month. Current law makes it a felony punishable by up to 10 years in prison for anyone convicted of a crime of violence, a misdemeanor charge of domestic abuse, someone subject to a protective order or someone of 'unsound mind' to possess a firearm. Barfoot's bill keeps that ban in place but adds new language to extend the ban to anyone charged with those crimes, though they cannot be convicted of possession unless first being convicted of the original crimes they were charged with. The bill also says the ban applies to anyone convicted of a felony offense 'within the previous five years.' It also bans anyone who has three felony convictions from possessing a firearm. Those who violate the ban may be charged with a Class C felony, punishable by up to 10 years in prison and a $15,000 fine. The bill also extends a prohibition on carrying deadly weapons 'with intent to do bodily harm' to private as well as public schools. It also enhances the criminal penalties for people who shoot into a building with people, going from a Class B felony, punishable by up to 20 years in prison and a $30,000 fine, to a Class A felony, punishable by up to life in prison without the possibility of parole. The legislation also allows courts to deny bail to those charged with shooting into an occupied building. The bill leaves in place the penalty for shooting into a building without people at a Class C felony. Rep. Bryan Brinyark, R-Windham Springs, had concerns with a specific line within the legislation. ''A person of 'unsound mind', and that is just so vague to me,' he said. 'Who makes that decision, it doesn't break that down. That gives me a little bit of concern but is a good bill. I appreciate what you are doing.' The bill moves to the full House. 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
26-03-2025
- Politics
- Yahoo
Alabama officials seek to dismiss lawsuit challenging state DEI ban
The University of Alabama Student Center on the campus of the University of Alabama in Tuscaloosa, Alabama on Monday Jan. 13, 2024. Alabama officials argued in a motion to dismiss that professors, students and the NAACP lack standing to sue. (Will McLelland/Alabama Reflector) Alabama officials have filed motions seeking to dismiss a lawsuit challenging SB 129, a law that limits diversity, equity, and inclusion (DEI) programs in public universities and the teaching of so-called 'divisive concepts.' The Alabama Attorney General's office and members of the University of Alabama (UA) Board of Trustees argue that the University of Alabama professors and University of Alabama Birmingham students suing to overturn the law lack standing and that their claims fail to establish any constitutional violations. The plaintiffs, who also include the Alabama NAACP, allege that SB 129, sponsored by Sen. Will Barfoot, R-Pike Road, violates the Equal Protection Clause of the Fourteenth Amendment and the First Amendment. Plaintiffs argue that the law discriminates against minority students and faculty by restricting funding for student groups and eliminating campus spaces designed to support minority students. The attorney general's office claims plaintiffs 'fail to show how each and every provision of the Act harms them,' arguing that plaintiffs 'fail to include sufficient allegations to 'nudge their claim across the line from conceivable to plausible.'' The Board of Trustees stated in a separate motion that the law does not prevent discussions on race but prohibits faculty from requiring students to adopt specific perspectives. 'As it relates to the classroom, SB 129 states that professors may not 'direct or compel' students 'to personally affirm, adopt, or adhere' to one of eight 'divisive concepts' defined in the statute,' the motion states. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The law, which took effect last October, bars public universities from funding DEI programs and prevents discussions of concepts lawmakers deem divisive. It includes prohibitions against 'compelling' students to believe that any race is inherently superior or that people are responsible for historical injustices committed by others of the same race. UAB students, UA professors sue Alabama over state law banning DEI programs Ahead of SB 129's enforcement, universities across the state shuttered or rebranded DEI offices and closed dedicated campus spaces for its Black Student Union and LGBTQ+ resource center. Plaintiffs argued that the law's impact disproportionately affects minority students by restricting funding for student organizations such as the University of Alabama NAACP chapter. Attorneys for the board argued that the plaintiffs' allegations 'do not involve any claim that Black students were treated differently from other students.' 'Plaintiffs instead rely on the precarious assumption that coursework related to diversity benefits Black students 'in particular,' because of their race,' the motion further states. Professor Cassandra Simon, one of the plaintiffs, stated in the lawsuit that she fears discussing racial issues because students have previously expressed feelings of guilt or complicity after watching material on the Civil Rights Movement. Lawyers for the state argue that this does not constitute a First Amendment violation, even if Simon has already faced threats of termination for teaching a class on systemic inequality. The motion stated that 'even construing these allegations as true and viewing them in the light most favorable to Plaintiffs, Professor Simon's fear is not objectively reasonable,' saying that simply showing material related to the Civil Rights Movement does not 'direct or compel' students to accept the concept or 'penalize or discriminate' when students aren't in agreement. 'Professor Simon does not have standing to challenge any provision of the Act based on such conduct. The same is true of the other Professors' allegations regarding their subjective fears that teaching 'about' topics could violate the Act,' the motion states. The defense also pushed back against claims that SB 129 is too vague, arguing that the law is clearly defined. 'Though Plaintiffs may not like its terms, the act is readily understood,' the motion states. Plaintiffs have until April 18 to respond to the state's motion. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
24-03-2025
- Politics
- Yahoo
Alabama House committee approves expansion of Aniah's Law
Sen. Will Barfoot, R-Pike Road, speaks to the Alabama Senate on Feb. 12, 2025 at the Alabama Statehouse in Montgomery, Alabama. He introduces legislation to expand scope of Aniah's Law for pretrial detention. (Brian Lyman/Alabama Reflector) The Alabama House Judiciary Committee Wednesday approved a constitutional amendment increasing the number of offenses where a judge may deny bail. SB 118, sponsored by Sen. Will Barfoot, R-Pike Road, would expand the scope of Aniah's Law, a constitutional amendment approved by voters in 2022. 'It updates Aniah's Law, keeps the same standard in place of an evidentiary hearing,' said Rep. Chip Brown, R-Hollingers Island, who introduced the measure to committee members in Barfoot's place. 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. That bill 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. Judges may still grant bond after hearing prosecution's claims however. SB 118 would make other charges subject to bond denial, including having a firearm or firing a gun into places with people, or soliciting, attempting or engaging in a conspiracy to commit murder. There was little discussion before the committee approved the legislation to move forward onto the House floor. The legislation is among the list of bills that Gov. Kay Ivey included as part of the public safety package she and leaders of the Republican conference made a priority for the session. Ivey last week signed legislation making it a state crime to use a Glock switch to convert a semiautomatic pistol into a fully automatic weapon. Other bills are working their way through the legislative process, which includes granting law enforcement additional immunity protections. If SB 118 passes the Legislature, it will be placed on the 2026 primary ballot. SUPPORT: YOU MAKE OUR WORK POSSIBLE
