Senate Judiciary Committee gives favorable report to 'second chance' bill allowing limited resentencing petitions

During a meeting of the Senate Judiciary Committee, members gave SB156, described by its sponsor as a “second chance” bill, a favorable report by voice and roll call vote.

The measure would permit a limited number of people currently in the custody of the Department of Corrections (DOC) who were sentenced to life without the possibility of parole (LWOP) to petition the original trial court for resentencing. Eligible people must have served at least 25 years of a LWOP term and must not have been convicted of an offense involving physical injury. The bill also establishes a limited window—reported during committee discussion as five years—during which eligible people may file a petition.

The committee’s discussion focused on eligibility, notice and court procedures. Senator Gavan said he supported the bill based on visits to prison and conversations with incarcerated people. Several members asked how the people in DOC custody would learn about the new petition option and whether counsel would be appointed to file petitions. The sponsor said the bill as introduced does not specify a notice mechanism or appointment of counsel and said those details might be addressed in an amendment on the Senate floor; the sponsor acknowledged the likely role of advocacy groups in outreach.

Committee members emphasized factors courts must weigh if a petition is filed. The sponsor read provisions indicating a court considering a motion under the bill must consider the underlying offense, the person’s conduct while in DOC custody, the petitioner’s age at filing and research on age-related criminal behavior, and the objection or absence of objection by a victim named in the indictment; the sponsor said the court should give “considerable weight” to any victim objection.

Lawmakers discussed the potential workload for trial courts and the public-safety considerations of allowing petitions. Senator Singleton and others noted the court may deny relief if the petitioner has disciplinary infractions or new violence while incarcerated. Committee members also raised questions about how many people might be eligible; the sponsor and other members referenced an estimate “less than 200” individuals who could qualify under current sentencing patterns.

Formal action: a motion for a favorable report was made and seconded; the clerk recorded the roll-call result as 9–3 in favor. The committee record shows a roll-call exchange where at least the following votes were read aloud: Senator Albritton — Aye; Senator Bell — Aye; Senator Connolly — No; Senator Coleman Madison — Aye; Senator Elliott — No; Senator Figures — Aye; Senator Gabbayen — Aye; Senator Singleton — Aye; Senator Smitherman — Aye; Senator Stutz — Aye; Senator Barfoot — Aye. The clerk announced the final tally as 9–3.

The sponsor said the bill provides only a petition opportunity and does not force release; courts retain discretion to deny resentencing. The sponsor also said he would consider working with others on amendments to require DOC or another entity to notify eligible people and to clarify appointment of counsel, but noted those provisions are not in the bill as drafted.

Next steps: SB156 will move toward the full Senate; the sponsor indicated possible floor amendments on notice and counsel. The committee record indicates advocates and victims’ groups were discussed but no formal victim-notification mechanism is included in the present text.