SB32 Alabama 2013 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2013

Title

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

Summary

SB32 would prohibit Alabama courts from overriding a jury's sentence verdict in capital cases, making the jury's decision binding.

What This Bill Does

The bill changes how capital-case sentences are decided by removing the court's ability to override the jury's verdict. It would require the trial court to impose the sentence that the jury has recommended (death or life without parole). It amends sections 13A-5-45, 13A-5-46, and 13A-5-47 to implement this change. The sentence-hearing process and pre-sentence investigation requirements would stay in place, but the final sentence would be determined by the jury's verdict rather than the judge's discretion.

Who It Affects

• Defendants convicted of capital offenses: their sentence would be determined strictly by the jury's verdict (death or life without parole).
• Judges and the Alabama court system: would be required to impose the jury's verdict and could no longer override it, reducing judicial discretion in sentencing.

Key Provisions

• Amends Sections 13A-5-45, 13A-5-46, and 13A-5-47 to prohibit a court from overriding a jury verdict in capital cases.
• Requires the trial court to impose the sentence indicated by the jury's advisory verdict (death or life without parole) and eliminates the option for the court to override.
• Preserves sentence hearing procedures, including pre-sentence investigation reports and written findings, but ties the final sentence to the jury verdict.
• Effective immediately upon passage and governor's approval (becomes law once those steps are completed).

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