HB280 Alabama 2010 Session

Summary

Primary Sponsor

Barbara Bigsby BoydRepresentative

Democrat

Co-Sponsors

John W. RogersPatricia ToddMerika ColemanMary MooreJames E. BuskeyOliver RobinsonChris EnglandEarl F. HilliardThad McClammyPebblin W. WarrenJames O. GordonLocy BakerLawrence McAdory

Session

Regular Session 2010

Title

Death penalty, moratorium on imposition and execution not to exceed three years, procedure for administering

Summary

HB280 would pause Alabama's death penalty for three years and require new procedures to ensure fair, impartial handling of death penalty cases.

What This Bill Does

It imposes a three-year moratorium on the imposition or execution of death sentences. During the moratorium, it requires implementing procedures to ensure death penalty cases are fair and handled with due process, including the ABA Guidelines for death penalty counsel, procedures for post-conviction relief, steps to eliminate race-based discrimination in sentencing, and protections to prevent execution of mentally disabled individuals or those who were under 18 at the time of offense. It notes the current method is electrocution at Holman Prison, and the moratorium would stand until the procedures are in place. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Defendants facing a death penalty who would be subject to a moratorium on imposition or execution.
• Defense attorneys in death penalty cases who must follow the ABA Guidelines for appointment and performance of counsel.
• State courts, prosecutors, and defense offices involved in death penalty cases that must implement the new procedures.
• Persons who are mentally retarded or who were under 18 at the time of the offense, who would receive added due process protections to prevent execution.
• All participants in capital cases, including considerations aimed at eliminating race-based discrimination in sentencing.

Key Provisions

• A three-year moratorium on the imposition or execution of the death penalty under Alabama law.
• During the moratorium, implementation of procedures to ensure fair and impartial administration of death penalty cases, including the ABA Guidelines for appointment and performance of counsel in death penalty cases.
• Due process procedures to preserve and enhance state post-conviction relief in death sentence cases.
• Procedures to eliminate discrimination in capital sentencing based on the race of the victim or the defendant.
• Due process procedures to prevent the execution of mentally retarded persons and persons who were under 18 at the time of the offense.
• Effective date: the act takes effect on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Death Penalty