HB 57

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.
Description

To amend Section 13A-5-40, Code of Alabama 1975, to include as a capital offense murder by the defendant with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child; to amend Section 13A-5-49, Code of Alabama 1975, to include additional aggravating circumstances; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects
Domestic Violence
View Original PDF: HB 57 - Engrossed - PDF

To amend Section 13A-5-40, Code of Alabama 1975, to include as a capital offense murder by the defendant with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child; to amend Section 13A-5-49, Code of Alabama 1975, to include additional aggravating circumstances; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

This act shall be known and may be cited as "Hollie's Law."

Section 2

Section 13A-5-40, Code of Alabama 1975, is amended to read as follows:

§13A-5-40.

(a) The following are capital offenses:

(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.

(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.

(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.

(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.

(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.

(6) Murder committed while the defendant is under sentence of life imprisonment.

(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.

(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.

(9) Murder by the defendant during arson in the first or second degree committed by the defendant; or murder by the defendant by means of explosives or explosion.

(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.

(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.

(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.

(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime; provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section; and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.

(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.

(15) Murder when the victim is less than fourteen years of age.

(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.

(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.

(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.

(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant's pretrial release.

(20) Murder by the defendant with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child.

(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13) of this section, the terms "murder" and "murder by the defendant" as used in this section to define capital offenses mean murder as defined in Section 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and (3). Subject to the provisions of Section 13A-5-41, murder as defined in Section 13A-6-2(a)(2) and (3), as well as murder as defined in Section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a) of this section.

(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) of this section unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of Section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a) of this section.

(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a) of this section, a defendant's guilt of that other crime may also be established under Section 13A-2-23. When the defendant's guilt of that other crime is established under Section 13A-2-23, that crime shall be deemed to have been "committed by the defendant" within the meaning of that phrase as it is used in subsection (a) of this section.

§13A-5-49.

Aggravating circumstances shall be the following:

(1) The capital offense was committed by a person under sentence of imprisonment;

(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person;

(3) The defendant knowingly created a great risk of death to many persons;

(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary or kidnapping;

(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;

(6) The capital offense was committed for pecuniary gain;

(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws;

(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses;

(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct; or

(10) The capital offense was one of a series of intentional killings committed by the defendant.

(11) The capital offense was committed when the victim was less than 14 years of age.

(12) The capital offense was committed by the defendant with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 27, 2018HDelivered to Governor at 2:28 p.m. on March 27, 2018.
March 27, 2018HAssigned Act No. 2018-537.
March 27, 2018HClerk of the House Certification
March 27, 2018SSignature Requested
March 22, 2018HEnrolled
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1083
March 22, 2018SThird Reading Passed
March 21, 2018SWard motion to Carry Over to the Call of the Chair adopted Voice Vote
March 21, 2018SThird Reading Carried Over to Call of the Chair
March 8, 2018SRead for the second time and placed on the calendar
February 1, 2018SRead for the first time and referred to the Senate committee on Judiciary
February 1, 2018HEngrossed
February 1, 2018HJackson intended to vote Nay
February 1, 2018HMotion to Read a Third Time and Pass adopted Roll Call 165
February 1, 2018HMotion to Adopt adopted Roll Call 164
February 1, 2018HJudiciary Amendment Offered
February 1, 2018HThird Reading Passed
January 18, 2018HRead for the second time and placed on the calendar 1 amendment
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-22
Chamber: Senate
Result: Passed
2018-02-01
Chamber: House
Result: Passed
2018-02-01
Chamber: House
Result: Passed