HB363 Alabama 2013 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Co-Sponsors

Kerry RichMary Sue McClurkinJim PattersonBecky NordgrenMike MillicanJoe FaustAlan HarperKurt WallaceDickie DrakeApril WeaverHoward SanderfordMicky HammonSteve ClouseEd HenryAlan BakerHarry ShiverDan WilliamsJim McClendonRichard J. LairdJack WilliamsCharles O. NewtonLesley VanceVictor GastonSteve HurstJay LoveRichard BaughnMack N. ButlerMac ButtramPhil WilliamsJim CarnsAllen TreadawayDonnie ChesteenSteve McMillanRandy WoodDuwayne BridgesKen JohnsonTerri CollinsK.L. BrownPaul W. LeeAllen FarleyMark TuggleRon JohnsonWayne JohnsonGreg WrenDavid SessionsDavid StandridgeWilliam RobertsMike HillJamie IsonMac McCutcheonBarry MooreRandy Davis

Session

Regular Session 2013

Title

Capital offenses, appeal directly to Alabama Supreme Court, Sec. 13A-5-53 am'd.

Summary

The bill changes death penalty appeals so the sentence is automatically reviewed by the Court of Criminal Appeals with Supreme Court involvement, focusing on whether the death sentence is proper.

What This Bill Does

If passed, the bill amends the death-penalty appeal process so the Court of Criminal Appeals reviews the sentence, and the Alabama Supreme Court also reviews the outcome. The appellate court must address three questions about the death sentence and can remand for new sentencing if errors are found; if no error affecting rights is found and the death sentence is properly supported, it will proceed with its review of whether death is appropriate. Depending on the findings, the court can affirm the death sentence, remand for corrected sentence proceedings, or remand for life imprisonment without parole.

Who It Affects

• Defendants sentenced to death and their attorneys, who gain an automatic, sentences-focused appeal path and potential changes to their sentence.
• The Alabama Court of Criminal Appeals and the Alabama Supreme Court, which gain explicit duties to review death sentences for errors, proper aggravating/mitigating findings, and proportionality, with specified remand options.

Key Provisions

• Amends Section 13A-5-53 to require automatic review of any death-penalty case by the Court of Criminal Appeals, with the Alabama Supreme Court providing review, and to evaluate whether errors affected the sentence and whether aggravating/mitigating findings were supported by the evidence.
• Requires the appellate court to answer three questions on appeal: (1) whether the death sentence was influenced by passion, prejudice, or arbitrary factors; (2) whether an independent weighing of aggravating and mitigating circumstances supports death; (3) whether the sentence is excessive or disproportionate. Based on findings, the court may affirm, remand for corrected sentencing, or remand for life imprisonment without parole; effective date set for the first day of the third month after passage.

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

Subjects

Capital Offenses