SB245 Alabama 2011 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2011

Title

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

Summary

SB245 would pause Alabama's death penalty for three years and require new procedures to ensure fair, impartial administration.

What This Bill Does

It imposes a three-year moratorium on imposing or executing death sentences, during which time the state must implement procedures to ensure due process and fairness. These include adopting ABA guidelines for defense counsel, strengthening post-conviction relief, preventing racial discrimination in sentencing, and safeguarding mentally disabled individuals and those who were under 18 at the time of the offense from execution.

Who It Affects

• People facing or convicted of a death sentence (defendants) and their defense attorneys, due to the moratorium and new procedural requirements.
• The Alabama criminal justice system (courts, prosecutors, and post-conviction processes) that must implement the specified fair-trial and post-conviction protections.

Key Provisions

• Three-year moratorium on the imposition or execution of the death penalty.
• During the moratorium, implement the American Bar Association Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases.
• Due process provisions to preserve and enhance state post-conviction relief in death sentence cases.
• Procedures to eliminate discrimination in capital sentencing based on race of the victim or defendant.
• Due process provisions to prevent the execution of mentally retarded individuals and persons who were under 18 at the time of the offense.
• Effective date: becomes law on 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

Death Penalty