SB106 Alabama 2018 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2018

Title

Capital cases, judge not to override jury verdict of life without parole, Act 2017-131 made retroactive, Act 2017-131, 2017 Reg. Sess., am'd.

Summary

SB 106 would apply Act 2017-131 retroactively in certain capital cases to require resentencing to life without parole when a court had overridden a jury's life-without-parole verdict.

What This Bill Does

It clarifies how Act 2017-131 is applied: it applies to defendants charged with capital murder after the act’s effective date and does not retroactively apply to those already convicted and sentenced to death before that date. It requires that any defendant who was sentenced to death by a court after a jury had returned a verdict of life without parole be resentenced to life without parole. The act becomes effective immediately after the governor signs it.

Who It Affects

• Defendants in capital murder cases who were sentenced to death by a court after a jury returned a verdict of life without parole (they would be resentenced to life without parole).
• Defendants charged with capital murder after the act’s effective date (their cases would be governed by the act’s provisions; those previously convicted and sentenced to death before the effective date are not affected by retroactive application).

Key Provisions

• Amends Act 2017-131 to specify retroactive application to defendants who were sentenced to death by the court after a jury verdict of life without parole, requiring resentencing to life without parole.
• States the act applies to defendants charged with capital murder after the act’s effective date and does not apply retroactively to those previously convicted and sentenced to death before the effective date.
• Any defendant sentenced to death by the court after the jury returned a verdict of life without parole shall be resentenced to life without parole in accordance with this act.
• The act becomes effective immediately following its passage and approval by the Governor.

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

Subjects

Death Penalty