HB32 Alabama 2017 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Chris EnglandRepresentative
Democrat
Session: Regular Session 2017
Title: Capital cases, sentencing, court prohibited from overriding jury verdict, unanimous vote of jury to recommend death, Secs. 13A-5-45, 13A-5-46, 13A-5-47 am'd.
Summary: HB32 would require that capital-case death sentences in Alabama be decided by a unanimous jury vote and that courts not override a jury's death verdict.
What This Bill Does
The bill amends sections 13A-5-45, 13A-5-46, and 13A-5-47 to change how the death sentence is determined during the sentencing phase. It requires the jury's advisory verdict on death to be based on a unanimous vote (instead of a vote by at least 10 jurors). It also prohibits a court from overriding a jury's death verdict, meaning death must be imposed if the jury unanimously recommends it; otherwise, the defendant would be sentenced to life without parole. The bill maintains the rest of the sentencing process, including use of a pre-sentence investigation report and the opportunity for evidence and arguments at the sentence hearing.

Who It Affects
Defendants convicted of capital offenses: their ability to receive a death sentence would depend on a unanimous jury verdict for death, and judges would be prohibited from overriding that jury decision.
Jurors in capital cases: their advisory verdict on whether to impose death or life without parole would now have to be unanimous for death; their decision would directly determine the sentence if it results in death.

Key Provisions
Death advisory verdict must be based on a unanimous vote of the jury (instead of a vote by at least 10 jurors).
A court is prohibited from overriding a jury verdict in capital cases; if the jury unanimously recommends death, the court must impose death.
If the jury does not unanimously recommend death, the defendant is sentenced to life imprisonment without parole.
The bill amends Sections 13A-5-45, 13A-5-46, and 13A-5-47 and becomes effective immediately after the Governor's approval.

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