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HB226 ENROLLED
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HB226
L5NDPAW-3
By Representatives Colvin, Faulkner, Simpson
RFD: Judiciary
First Read: 14-Jan-26
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HB226 Enrolled
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First Read: 14-Jan-26
Enrolled, An Act,
Relating to crimes and offenses; to amend Section
13A-5-9, Code of Alabama 1975, to further provide for the
meaning of nolo contendere pleas for purposes of the habitual
offender law.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-5-9, Code of Alabama 1975, is
amended to read as follows:
"§13A-5-9
(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.
(2) 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.
(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
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(1) 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.
(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.
(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.
(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.
(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.
(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.
(d) In all cases when it is shown that a criminal
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HB226 Enrolled
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(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.
(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.
(f) For purposes of this section, "convicted" includes
any conviction from this state or out of this state, and a
conviction based on a plea of nolo contendere, a plea of no
contest, a best interests plea, or an Alford plea shall be
treated in the same manner as a conviction based on a plea of
guilty unless any of the foregoing pleas has been expunged. "
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 10-Feb-26.
John Treadwell
Clerk
Senate 09-Apr-26 Passed
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