Earlier this week the Alabama Senate Judiciary Committee passed House Bill 146. The bill, introduced by Rep. Phillip Pettus, R-Killen, would prohibit judges in the state from granting youthful offender status to anyone 16 years of age or older who is charged with intentional or capital murder.
Before the bill’s passage, the committee adopted an amendment proposed by Chairman Will Barfoot, R-District 25. Barfoot’s amendment clarified that if an individual of 16 years of age or older were originally charged with intentional or capital murder but that charge were later reduced to a lesser charge, then that individual would still be eligible for youthful offender status.
Under Alabama’s Youthful Offender Act, individuals granted youthful offender status have their proceedings and records kept confidential, are not formally convicted of a misdemeanor or felony and thereby avoid many long-term consequences of a criminal record, and receive less severe sentencing. Currently, youthful offenders found guilty of committing a felony face a maximum of three years in prison in Alabama.
Pettus’ bill previously faced criticism in the Alabama House of Representatives for taking away judicial discretion. Judges may already deny youthful offender status for heinous crimes, including murder.
“I’m just opposed to removing judicial discretion,” Rep. Jim Hill, R-Odenville, a former judge, said of the bill on the House floor. “We don’t want judges making the law from the bench.”
“To strip, cold turkey, discretion away from judges, I just think we’re going down a very, very dangerous road by doing this,” Rep. Prince Chestnut, D-Selma, said. “We’re going to get cookie cutter justice across this state, and it’s not going to be good for the defendants or the victims.”
It was also in the House where HB146 was unanimously amended to specify its application to instances of intentional murder, not just general murder charges. That amendment was introduced by Rep. Chris England, D-Tuscaloosa.
“This would limit the number of folks that were involved in the initial confrontation or incident to the person that was actually killing the other person,” England said of the clarifying amendment.
During Wednesday’s Senate Judiciary Committee meeting, Sen. Bobby Singleton, D-District 24, also questioned whether the bill would take away judicial discretion, but was assured by Chairman Barfoot that it would not.
The committee went on to pass HB146, sending it to the Senate floor for consideration by the whole body.
