District attorneys lead bipartisan push for stronger penalties in Alabama
District attorneys from across the state joined lawmakers, law enforcement and others Thursday in Montgomery to back a set of seven bills they said are designed to reduce crime in the state by strengthening penalties.
The bills, backed by the Alabama District Attorneys Association, range from protecting first responders from fentanyl to fighting against organized retail theft. Montgomery District attorney Daryl Bailey called the package of bills Alabama Fights Crime.
Lt. Governor Will Ainsworth called proposing the bills “a true group effort.”
Barry Matson, the executive director for the Office of Prosecution Services in the Alabama District Attorneys Association, emphasized the diverse, bipartisan group that supported these bills.
“This is remarkable what you’re seeing here,” Matson said.
Stronger fentanyl trafficking laws
House Bill 1 has already been passed into law. Its sponsor is Rep. Matt Simpson.
“This law focuses on the trafficker or business level dealer, not the addict or low-level street dealer,” according to information from the Alabama District Attorneys Association.
The new law provides a mandatory minimum sentence and incarceration depending on how much fentanyl is involved:
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1 gram to 2 grams – three years incarcerated, minimum fine of $50,000.
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2 grams to 4 grams – 10 years incarcerated, minimum fine of $100,000.
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4 grams to 8 grams – 25 years incarcerated, minimum fine of $500,000.
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8 grams or more – life in prison, minimum fine of $750,000
Manslaughter charges for dealers
attorney Daryl Bailey speaks as the Alabama District Attorneys Association present law enforcement legislation during a news conference at the Alabama Statehouse in Montgomery, Ala., on Thursday April 13, 2023. ” src=”https://s.yimg.com/ny/api/res/1.2/nNGU2XZvdxf1GX13Ljfe9A–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTE0ODc-/https://media.zenfs.com/en/the-montgomery-advertiser/65eb6eb314f62831b6bb1b3b830151a2″/>
Montgomery County District attorney Daryl Bailey speaks as the Alabama District Attorneys Association present law enforcement legislation during a news conference at the Alabama Statehouse in Montgomery, Ala., on Thursday April 13, 2023.
“Under present Alabama law, a person can intentionally sell fentanyl or other dangerous and deadly drugs, with zero consequence if the person dies because of consuming the dangerous drug,” according to information from the Alabama District Attorneys Association.
House Bill 82, proposed by Rep. Chris Pringle, would allow law enforcement to charge a person with manslaughter after someone overdoses on fentanyl in the seller’s drugs.
Ainsworth said he supports the bill because a friend of his had a son die from fentanyl overdose, and there were limited consequences to the drug dealer.
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“Fentanyl is truly a weapon of mass destruction,” Matson said.
attorney Daryl Bailey looks on a Lt. Governor Will Ainsworth speaks as the Alabama District Attorneys Association present law enforcement legislation during a news conference at the Alabama Statehouse in Montgomery, Ala., on Thursday April 13, 2023. ” src=”https://s.yimg.com/ny/api/res/1.2/xLGjHHS76ip8ldvovqdS7g–/YXBwaWQ9aGlnaGxhbmRlcjt3PTk2MDtoPTYxNg–/https://media.zenfs.com/en/the-montgomery-advertiser/0b622b9e8898fb74b1e908372daacdbf”/>
Montgomery County District attorney Daryl Bailey looks on a Lt. Governor Will Ainsworth speaks as the Alabama District Attorneys Association present law enforcement legislation during a news conference at the Alabama Statehouse in Montgomery, Ala., on Thursday April 13, 2023.
First Responder Protection Act
House Bill 230, also sponsored by Simpson, provides consequences if a person “knowingly, recklessly or intentionally” causes a first responder to be injured by coming into contact with a drug, including exposing them to fentanyl.
Montgomery Mayor Steven Reed speaks as the Alabama District Attorneys Association present law enforcement legislation during a news conference at the Alabama Statehouse in Montgomery, Ala., on Thursday April 13, 2023.
This bill would make chemical endangerment of a first responder with physical injury a Class C felony, with serious physical injury a Class B felony and with death is a Class A felony, according to information from the Alabama District Attorneys Association.
Stiffer penalties for crimes with a gun
House Bill 301, sponsored by Rep. Reed Ingram, creates legal consequences for people who commit crimes with a gun.
A person who has a gun on them while committing murder, rape or robbery will get a minimum 10-year sentence enhancement. A person who discharges a gun while committing the same crimes will get a minimum 20-year enhancement.
The bill also bars a person with a felony that is dangerous to human life from owning a gun.
Prison time for more felonies
Senate Bill 198 by Sen. Arthur Orr and also House Bill 271 by Chris Sells both addressed this issue. In 2015, the legislature created a Class D felony. People convicted of this felony do not have to go to prison, Matson said.
“Right now, it’s automatic,” Matson said. “You don’t go to jail.”
Senate Bill 198 allows judges to send people with Class D felonies to prison using the sentencing guidelines.
House Bill 271 removes the Class D felony, making Class A, B and C felonies the only ones people can be convicted for.
Penalties for group shoplifting
House Bill 288, sponsored by Rep. Allen Treadaway, would create several new offenses for retail theft and organized retail theft.
It would allow “for the prosecution of all the participants in groups who are stealing retail merchandise and reselling it for a profit,” according to information from the Alabama District Attorneys Association.
This bill will define organized retail theft as every time two or more shoplift, Ainsworth said.
Bailey said that many stores in Alabama are struggling from theft.
“Make no mistake this is an Alabama problem,” Ainsworth said.
Alex Gladden is the Montgomery Advertiser’s public safety reporter. She can be reached at agladden@gannett.com or on Twitter @gladlyalex.
This article originally appeared on Montgomery Advertiser: DAs want stronger penalties in Alabama. Here’s what would change.
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