SB16 Alabama 2017 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Session

Regular Session 2017

Title

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

Summary

SB16 would prohibit a court from overriding a jury's verdict in capital cases, making the jury's sentencing decision binding.

What This Bill Does

The bill amends Sections 13A-5-45, 13A-5-46, and 13A-5-47 to require that the sentencing decision in capital cases follow the jury's verdict and not be overridden by the judge. It keeps the sentence hearing structure (including pre-sentence investigation and weighing aggravating/mitigating factors) but makes the jury's verdict binding for the sentence. The jury's determination on life without parole or death would therefore control the final sentence, limiting the judge's discretion. The state still presents aggravating and mitigating evidence, and the court will issue written findings as part of the sentence decision.

Who It Affects

• Defendants convicted of capital offenses — their sentence would be determined by the binding jury verdict (death or life without parole).
• Juries in capital cases — their advisory verdict would become binding and determine the sentence.

Key Provisions

• Amends 13A-5-45, 13A-5-46, and 13A-5-47 to prohibit the court from overriding a jury verdict in capital cases.
• Requires the court to impose the sentence corresponding to the jury's verdict (death or life without parole) and to use a formal sentence hearing with a pre-sentence investigation.
• Preserves the process of weighing aggravating and mitigating circumstances and requires written findings by the court, with the jury's verdict guiding the final sentence.

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