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HB323 Alabama 2016 Session

Updated Feb 26, 2026
Notable

Summary

Session
Regular Session 2016
Title
Sentencing, juvenile offenders convicted of capital offenses and certain other offenses, maximum sentence of life, Secs. 13A-5-2, 13A-5-39, 13A-5-43, 13A-6-2 am'd.
Summary

HB323 allows people under 18 at the time of their offense to be sentenced to life imprisonment instead of life without parole or death for capital offenses or certain other offenses, aligning Alabama law with Supreme Court decisions Miller v. Alabama and Graham v. Florida.

What This Bill Does

The bill gives judges the option to sentence someone who was under 18 at the time of a capital offense or certain non-capital offenses that currently require life without parole to instead receive life imprisonment. It also says that for non-homicide crimes where life without parole is the only possible sentence, a defendant under 18 must receive life imprisonment. For murders involving defendants under 18, the judge may impose life imprisonment or life without parole within statutory ranges, with consideration of mitigating circumstances and without mandatory jury-imposed sentencing in some cases. Overall, it updates definitions and procedures to reflect the new juvenile-sentencing options.

Who It Affects
  • Juvenile defendants under 18 at the time of their offense, who could receive life imprisonment instead of life without parole or death for capital offenses or qualifying non-capital offenses.
  • Alabama courts, prosecutors, defense attorneys, and the sentencing process, which will apply these new options and consider mitigating circumstances when determining sentences for juveniles.
Key Provisions
  • Amends 13A-5-2 to allow a person under 18 convicted of a capital offense or certain non-capital offenses, which are punishable by a mandatory life without parole, to be sentenced to life imprisonment instead.
  • Amends 13A-5-39 and 13A-5-43 to redefine capital offenses and related terms for juveniles, and to permit life imprisonment as an alternative to life without parole for those under 18, with sentences determined under procedures that may not require a jury and that require considering mitigating circumstances.
  • Amends 13A-6-2 to specify sentencing for murder and related offenses when the defendant was under 18, allowing either life imprisonment or life without parole within the statute’s range, with judge-based procedures for imposing sentences and consideration of mitigating factors.
  • Adds Section 2 to require life imprisonment (instead of life without parole) for any non-homicide crime that, by default, has only life without parole as a possible sentence if the defendant was under 18 at the time of the offense.
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

Bill Actions

H

Delivered to Governor at 3:10 p.m. on May 4, 2016.

H

Assigned Act No. 2016-360.

H

Clerk of the House Certification

H

Passed Second House

S

Motion to Read a Third Time and Pass adopted Roll Call 968

S

Signature Requested

S

Third Reading Passed

H

Enrolled

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Judiciary

H

Engrossed

H

Motion to Read a Third Time and Pass adopted Roll Call 735

H

Motion to Adopt adopted Roll Call 734

H

Hill (J) Amendment Offered

H

Motion to Adopt adopted Roll Call 733

H

Holmes (A) motion to Adjourn lost Roll Call 732

H

Judiciary Amendment Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar 1 amendment

H

Read for the first time and referred to the House of Representatives committee on Judiciary

Bill Text

Votes

Motion to Adopt

April 26, 2016 House Passed
Yes 95
No 2
Abstained 2
Absent 6

Motion to Adopt

April 26, 2016 House Passed
Yes 91
No 2
Abstained 3
Absent 9

Holmes (A) motion to Adjourn

April 26, 2016 House Failed
Yes 20
No 56
Abstained 1
Absent 28

Motion to Read a Third Time and Pass

April 26, 2016 House Passed
Yes 97
No 2
Absent 6

Motion to Read a Third Time and Pass

May 4, 2016 Senate Passed
Yes 25
No 4
Absent 6

Documents

Source: Alabama Legislature