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House backs enhanced penalties for noncitizens convicted of crimes against minors

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Summary

HB3 passed after the House adopted a committee substitute that applies enhanced sentences to defendants identified as noncitizens when convicted of offenses against minors; proponents said it deters repeat offenders, critics raised fairness concerns.

The Alabama House on Tuesday passed HB3, a bill that applies enhanced criminal penalties when a defendant who is not lawfully present in the United States is convicted of crimes against minors. Sponsors said the measure targets repeat and serious offenders and will allow coordination with federal immigration authorities.

Under the committee substitute adopted on the floor, criminal defendants identified by biometric checks as not lawfully present and convicted of a felony offense against a minor would receive an enhanced sentence; the substitute also upgrades certain misdemeanor convictions involving minors to felony-level penalties when the defendant is an undocumented noncitizen. Sponsors argue the combination of criminal conviction and immigration information will enable appropriate state punishment and improved federal notice.

Debate on the House floor included supporters who described high-profile cases where foreign nationals had prior incidents and were later linked to more serious crimes; Representative Brown, sponsor, said enhanced sentences would deter offenders and help with federal notification. Opponents urged that criminal penalties should be applied across the board irrespective of immigration status and warned singling out a group could raise fairness and constitutional issues.

Clerk records show the House adopted the substitute and passed HB3; the measure now proceeds to the Senate.