Section 13A-5-9 – Habitual felony offenders – Additional penalties, Ala. Code § 13A-5-9 | Casetext Search + Citator

(a)

In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(1)

On conviction of a Class C felony, he or she must be punished for a Class B felony.

On conviction of a Class C felony, he or she must be punished for a Class B felony.

(2)

On conviction of a Class B felony, he or she must be punished for a Class A felony.

On conviction of a Class B felony, he or she must be punished for a Class A felony.

(3)

On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

In all cases when it is shown that a criminal defendant has been previously convicted of a Class A, Class B, or Class C felony and after the conviction has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(b)

In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(1)

On conviction of a Class C felony, he or she must be punished for a Class A felony.

On conviction of a Class C felony, he or she must be punished for a Class A felony.

(2)

On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

On conviction of a Class B felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(3)

On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.

On conviction of a Class A felony, he or she must be punished by imprisonment for life or for any term of not less than 99 years.

In all cases when it is shown that a criminal defendant has been previously convicted of any two felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(c)

In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(1)

On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

On conviction of a Class C felony, he or she must be punished by imprisonment for life or for any term of not more than 99 years but not less than 15 years.

(2)

On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.

On conviction of a Class B felony, he or she must be punished by imprisonment for life or any term of not less than 20 years.

(3)

On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.

On conviction of a Class A felony, where the defendant has no prior convictions for any Class A felony, he or she must be punished by imprisonment for life or life without the possibility of parole, in the discretion of the trial court.

(4)

On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.

On conviction of a Class A felony, where the defendant has one or more prior convictions for any Class A felony, he or she must be punished by imprisonment for life without the possibility of parole.

In all cases when it is shown that a criminal defendant has been previously convicted of any three felonies that are Class A, Class B, or Class C felonies and after such convictions has committed another Class A, Class B, or Class C felony, he or she must be punished as follows:

(d)

In all cases when it is shown that a criminal defendant has been previously convicted of any two or more felonies that are Class A or Class B felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

In all cases when it is shown that a criminal defendant has been previously convicted of any two or more felonies that are Class A or Class B felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

(e)

In all cases when it is shown that a criminal defendant has been previously convicted of any three or more felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

In all cases when it is shown that a criminal defendant has been previously convicted of any three or more felonies and after such convictions has committed a Class D felony, upon conviction, he or she must be punished for a Class C felony.

Ala. Code § 13A-5-9 (1975)

Amended by Act 2015-185,§ 2, eff. 1/30/2016 if the Director of Finance certifies that specific funding to implement the provisions of this act has been appropriated to the Board of Pardons and Paroles and the Department of Corrections.

Acts 1977, No. 607, p. 812, §1235; Acts 1979, No. 79-664, p. 1163, §1; Act 2000-759, p. 1736, §1.