SB226 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Capital cases, sentencing, court prohibited from overriding jury verdict, Secs. 13A-5-45, 13A-5-46, 13A-5-47 am'd.

Summary

SB226 would require the court to follow the jury's advisory verdict in Alabama capital cases and limit the judge's ability to override the jury's sentence recommendation.

What This Bill Does

It creates a separate sentencing hearing for capital offenses where a jury (or a new jury if needed) issues a written advisory verdict on life without parole or death. The death recommendation must have at least 10 jurors; the life recommendation requires a simple majority. If no advisory verdict is reached, a mistrial can occur and a new sentencing hearing with another jury may be held. The court must impose the sentence that aligns with the advisory verdict after considering aggravating and mitigating factors and reviewing a pre-sentence investigation report; the parties may waive the jury and have the judge decide instead.

Who It Affects

• Defendants convicted of capital offenses: their sentence would be determined by the jury's advisory verdict (death or life without parole) rather than being freely decided by the judge.
• Jury members in capital cases: their written advisory vote determines the sentencing outcome (death if at least 10 jurors vote for it; life without parole if the majority votes for life); if unable to reach a verdict, a mistrial and a new jury may be used.

Key Provisions

• Establishes a separate sentencing hearing for capital offenses to decide between life without parole or death.
• Requires a written advisory verdict from the sentencing jury with specific voting thresholds: death requires at least 10 jurors; life without parole requires a majority.
• If no advisory verdict is reached, permits a mistrial and a new sentencing hearing before another jury.
• The court shall impose the sentence that corresponds to the jury's advisory verdict after evaluating aggravating/mitigating factors and a pre-sentence investigation report; the jury's recommendation is to be considered, but the court's sentence is guided by it.
• Allows the defense and prosecution to present evidence and arguments at the sentencing phase, and permits waiving the jury right so the judge can decide the sentence without a jury advisory verdict.
• Requires the preparation and inclusion of a written pre-sentence investigation report, with opportunities for the parties to respond.

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

Subjects

Criminal Law and Procedure