HB351 Alabama 2013 Session

Summary

Primary Sponsor

Allen Farley

Republican

Co-Sponsors

Mike JonesJim CarnsKurt WallaceWayne JohnsonMark TuggleAllen TreadawayMac McCutcheonTerri CollinsBecky Nordgren

Session

Regular Session 2013

Title

Sentencing, juvenile offenders convicted of capital offenses and certain non-capital offenses, maximum sentence of life without the possibility of parole for 40 years, Secs. 13A-5-2, 13A-5-39, 13A-5-43, 13A-6-2 am'd.

Summary

HB351 would let certain juveniles under 18 at the time of offense who commit capital offenses or certain non-capital offenses with mandatory life without parole instead receive a 40-year life-without-parole sentence, with a one-time parole review at year 40.

What This Bill Does

Creates an alternative 40-year life-without-parole option for juveniles under 18 at the time of the offense who are convicted of capital offenses or qualifying non-capital offenses. It allows parole consideration only once, at 40 years after the sentence starts, and if parole is denied, the person cannot seek parole again and cannot receive incentive time deductions. The changes apply to capital murder cases for defendants not yet sentenced after the act’s effective date and also apply to non-homicide offenses where the only sentence is LWOP, with definitions and transitional rules included. The act becomes effective immediately after signing and includes severability and transitional provisions.

Who It Affects

• Juvenile offenders (under 18 at the time of offense) convicted of capital offenses or certain non-capital offenses that would carry a mandatory life-without-parole sentence, who could be eligible for a 40-year LWOP instead.
• Defendants in non-homicide cases where the law would normally impose LWOP, who were under 18 at the time of the offense and could receive the 40-year LWOP option.

Key Provisions

• Amends 13A-5-2, 13A-5-39, 13A-5-43, and 13A-6-2 to allow a 40-year life-without-parole sentence as an alternative for under-18 offenders convicted of capital offenses or qualifying non-capital offenses.
• Defines 'Life Without Parole for 40 Years' as a LWOP sentence with a single parole review at year 40 and no subsequent parole or incentive time deductions if denied.
• Adds Section 13A-5-53.1 to govern transitional rules, applying to defendants not yet sentenced for capital murder on/after the act’s effective date, with possible retroactive application if a court orders a lesser sentence under constitutional rights.
• Section 3 provides that for non-homicide crimes with only LWOP available, an under-18 offender may receive LWOP for 40 years if proven by a preponderance of the evidence.
• Section 5 makes the act effective immediately upon governor’s signature; includes severability.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses