HB532 Alabama 2010 Session

Summary

Primary Sponsor

James C. Fields

Democrat

Co-Sponsor

Lawrence McAdory

Session

Regular Session 2010

Title

Capital offenses, sentencing, reduction of sentence for first-time felony offender from life without possibility of parole to life with possibility of parole, under certain conditions, retroactive effect, Sec. 13A-5-57.1 added

Summary

HB532 would let some capital murder defendants who were first-time felons have their life without parole reduced to life with the possibility of parole after serving 20 years, with retroactive application for past cases.

What This Bill Does

It creates a process for eligible first-time felony offenders convicted of capital murder to petition for a reduction from life without parole to life with the possibility of parole after 20 years. To qualify, the offender must have no prior felony convictions, must have served 20 years, and must have a clean disciplinary record for certain offenses (no assault, no escape, no sexual assault) in the 10 years before the petition and no positive drug or alcohol tests in the last 5 years. If the judge finds these conditions are met, the sentence is reduced; the bill also allows retroactive review for those already serving LWOP, and the petition process can continue every two years if a petition is denied.

Who It Affects

• Offenders convicted of capital murder who were first-time felony offenders with no prior felony convictions and who meet the specified requirements, potentially receiving a reduced sentence from life without parole to life with parole after 20 years.
• Judges and the Department of Corrections, who must process petitions, provide records, and implement any sentence reductions (including retroactive changes) and consider offender documentation.

Key Provisions

• Adds Section 13A-5-57.1 to authorize reducing life without parole to life with parole after 20 years for eligible capital murder defendants who were first-time felony offenders and meet specified conditions.
• Requires the offender to have served 20 years, have no prior felony convictions, and show no disciplinary actions for assault, escape, sexual assault in the 10 years before the petition, and no disciplinary actions for illegal drug or alcohol use in the five years before the petition.
• The sentencing/presiding judge must reduce the sentence if the requirements are met; the Department of Corrections must provide necessary records and the judge may consider offender-provided documentation.
• Applies to offenses sentenced after the act's passage and retroactively to offenders presently serving LWOP; permits petition anytime after 20 years, with re-petition allowed every two years if denied.
• Effective date is the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses