SB63 Alabama 2015 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2015

Title

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

Summary

SB63 would make the jury's capital-sentencing verdict binding on the court, prohibiting judges from overriding a jury's recommendation in capital cases.

What This Bill Does

It amends statutes so that in capital cases the court must impose the sentence the jury advisory verdict indicates, rather than having the judge override it. The jury's advisory verdict on life without parole or death would be binding, using the existing voting rules (life by majority; death requires at least 10 jurors). The sentencing process, including consideration of aggravating and mitigating factors and the use of a pre-sentence investigation report, remains, but the final sentence must align with the jury's verdict. The act would take effect immediately after governor approval.

Who It Affects

• Defendants convicted of capital offenses: their sentence would be determined by the jury's binding advisory verdict and could not be overridden by the court.
• Trial courts and judges: must impose the sentence indicated by the jury's advisory verdict in capital cases, limiting judicial discretion.

Key Provisions

• Prohibits a court from overriding a jury verdict in capital cases; the jury's advisory verdict becomes binding on the court.
• Keeps the jury's role in determining life without parole vs. death via the advisory verdict, with the same voting thresholds (majority for life, at least 10 jurors for death).
• Requires the court to impose the sentence recommended by the jury, after considering aggravating and mitigating factors and the pre-sentence investigation, but the final sentence must reflect the jury's verdict.
• Maintains the existing pre-sentence investigation and written findings process, but those findings must support the jury's binding verdict.
• Effective date: immediate upon the Governor's approval.

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

Subjects

Criminal Law and Procedure