HB262 Alabama 2013 Session

Updated Feb 27, 2026

High Interest

Summary

Primary Sponsor: Chris EnglandRepresentative
Democrat
Co-Sponsor: Bill Poole
Session: Regular Session 2013
Title: Capital offenses, defendant's guilty plea, state to prove guilt only when death penalty to be imposed, guilty plea to waive all non-jurisdictional defects in cases where death penalty or life without parole to be imposed, Sec. 13A-5-42 am'd.
Summary: HB262 changes how capital offenses are handled when a defendant pleads guilty by limiting the state's burden of proof to death-penalty cases and clarifying how guilty pleas affect defect waivers and sentencing.
What This Bill Does
It limits the state’s obligation to prove guilt beyond a reasonable doubt to only those cases where the death penalty is pursued, and allows the guilty plea to be used in assessing whether that burden is met. In cases where the death penalty or life without parole is imposed, a guilty plea would waive all non-jurisdictional defects in the conviction proceeding except for sufficiency of the evidence. A defendant convicted after a guilty plea would be sentenced under 13A-5-43(d), and the act becomes law on the first day of the third month after the governor signs it.

Who It Affects
Defendants charged with capital offenses: their guilty pleas influence how guilt is proven and what defects are waived, depending on whether death or life without parole is imposed.
The state/prosecution and the courts: must apply the death-penalty burden of proof in death-penalty cases, may rely on guilty pleas to determine whether that burden is met, and handle defect waivers and sentencing accordingly.

Key Provisions
Provision 1: The state must prove guilt beyond a reasonable doubt to a jury only in cases where the death penalty is to be imposed; the guilty plea may be considered in determining if the burden is met.
Provision 2: In cases where either the death penalty or life without parole is imposed, a guilty plea waives all non-jurisdictional defects in the conviction proceeding except for sufficiency of the evidence.
Provision 3: A defendant convicted of a capital offense after pleading guilty shall be sentenced under Section 13A-5-43(d).
Provision 4: The act becomes effective on the first day of the third month after it is passed and approved 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: Crimes and Offenses