HB57 Alabama 2018 Session

Summary

Primary Sponsor

Phillip PettusRepresentative

Republican

Session

Regular Session 2018

Title

Domestic violence, capital offense expanded to include murder of a parent or guardian in the presence of a child, add'l aggravating circumstances included, Secs. 13A-5-40, 13A-5-49 am'd.

Summary

HB 57 expands Alabama's capital offenses to include murder of a parent or guardian when a child under 14 is present, adds new aggravating factors, and clarifies local-funding rules related to the law.

What This Bill Does

It creates a new capital offense: murder by the defendant with knowledge of the presence of a child under 14 at the time of the offense, where the victim is the child’s parent or guardian. It adds additional aggravating circumstances to the list used for capital-sentencing. It defines 'in the presence of a child' as either the child being physically present or the defendant knowing a child is present and may see or hear the act. It becomes law after a set delay and includes a provision stating the bill is exempt from certain local expenditure voting requirements because it creates or amends a crime.

Who It Affects

• Defendants charged with capital offenses, who could face the death penalty or life without parole under the expanded rules.
• Parents or guardians of children under 14 (as potential victims) and their families, since the offense and aggravating factors specifically address crimes involving a child’s presence and a parent/guardian victim.

Key Provisions

• Adds as a capital offense: murder by the defendant with knowledge of the presence of a child under 14 at the time of the offense, when the victim is the child’s parent or legal guardian.
• Amends Section 13A-5-40 to include new capital-offense scenarios, including murder with a child present and parent/guardian victim.
• Amends Section 13A-5-49 to add aggravating circumstances, including: (11) victim under 14; (12) murder with knowledge of the presence of a child under 14 when the victim is a parent/guardian.
• Defines 'in the presence of a child' as the child being physically present or the defendant knowing a child is present and may see or hear the act.
• States the bill does not require local-government approval or a 2/3 vote under Amendment 621 because it defines a new or amended crime.

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

Subjects

Domestic Violence