SB247 Alabama 2011 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2011

Title

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

Summary

SB247 would require Alabama courts to follow a jury’s sentencing decision in capital cases, prohibiting the judge from overriding the jury’s verdict.

What This Bill Does

It amends the capital sentencing rules so that after conviction in a capital case, the judge must determine the sentence based on the jury’s verdict at a separate sentencing hearing. If the jury returns death, the defendant must be sentenced to death; if death is not returned, the defendant must be sentenced to life imprisonment without parole. The bill keeps the sentencing hearing with evidence and arguments and requires a pre-sentence investigation, written findings, and consideration of aggravating and mitigating factors. The jury’s advisory verdict is to be considered in the judge’s decision and the final sentence aligns with the jury’s determination.

Who It Affects

• Defendants convicted of capital offenses in Alabama, whose sentences would be decided strictly by the jury’s verdict (death or life without parole).
• Trial judges and juries involved in capital cases, who are bound by the jury’s sentencing decision and related procedures.

Key Provisions

• Requires the court to impose the jury's verdict at sentencing: death if the jury returns death; otherwise life without parole.
• Mandates a separate sentencing hearing after conviction with an opportunity for evidence, argument, and a pre-sentence investigation report.
• Requires written findings of aggravating and mitigating circumstances and a summary of the crime for the sentencing decision.
• Allows the jury to deliberate and return an advisory verdict, which is to be considered in the judge's decision and aligns with the jury’s determination.
• Effective immediately upon passage and approval by the Governor.

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