SB117 Alabama 2016 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2016

Title

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

Summary

SB117 would ban courts from overriding a jury’s verdict in Alabama capital murder cases, making the jury’s sentencing recommendation binding.

What This Bill Does

If enacted, the bill changes how sentencing works in capital cases by requiring the court to impose the sentence that the jury recommends (life without parole or death) rather than choosing a different sentence. It preserves the jury’s advisory verdict and the process of weighing aggravating and mitigating factors, but the court would be obligated to follow the jury’s decision. The bill amends the relevant statutes (Sections 13A-5-45, 13A-5-46, 13A-5-47) and would take effect immediately after passage.

Who It Affects

• Defendants convicted of capital offenses would have their sentence determined by the jury’s binding advisory verdict instead of the judge’s discretion.
• Juries in capital cases would have outsized influence, as their advisory verdict on life without parole or death would be binding on sentencing.

Key Provisions

• Amends 13A-5-45, 13A-5-46, and 13A-5-47 to prohibit a court from overriding a jury verdict in a capital case.
• Requires the jury to issue an advisory verdict on sentencing (life without parole or death) based on aggravating and mitigating factors, with defined voting rules.
• If no aggravating facts exist or mitigating outweigh, advisory verdict is life without parole; if aggravating outweighs, advisory verdict is death, and the court must sentence accordingly.
• The act becomes effective immediately after passage and 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