SB 119

Under existing law, the United States Supreme Court has ruled that the Eighth and Fourteenth Amendments prohibit the imposition of the death penalty on criminal defendants who were under the age of 18 at the time of the commission of the capital offense

This bill would prohibit the imposition of the death penalty for any criminal defendant who was less than 18 years of age at the time of the commission of the capital offense

Relating to crimes and punishments; to provide an exemption from the death penalty for persons who were less than 18 years of age at the time of the commission of the capital offense.

Section 1

The Legislature of Alabama finds and declares all of the following: (1) The death penalty may be imposed on any defendant charged with a capital offense. (2) A minor is defined as any person under the age of 18 years who is prohibited from doing any of the following: a. Possessing a pistol or Bowie knife or other knife of like kind or descriptions, as provided in Section 13A-11-57 of the Code of Alabama 1975. b. Working between the hours of 10:00 p.m. and 5:00 a.m. on any night preceding a school day while enrolled in a public or private primary or secondary school system, as provided in Section 25-8-36 of the Code of Alabama 1975. c. Working or being employed in various occupations, positions, or places, as provided in Section 25-8-43 of the Code of Alabama 1975. d. Working in part of an establishment where alcoholic beverages are sold, served, or dispensed for consumption on the premises, as provided in Section 25-8-44(b) of the Code of Alabama 1975. e. Working or performing in any establishment nude or nearly nude, as provided in Section 25-8-44(d) of the Code of Alabama 1975. f. Obtaining an abortion without parental consent, as provided in Section 26-21-3 of the Code of Alabama 1975. g. Serving or dispensing alcoholic beverages, as provided in Section 25-8-44(a) of the Code of Alabama 1975. h. Purchasing, using, possessing, or transporting tobacco or tobacco products, as provided in Section 28-1-5 of the Code of Alabama 1975. i. Voting, as provided in Amendment XXVI to the United States Constitution of America. j. Serving on a jury, as provided in Section 12-16-60 of the Code of Alabama 1975. k. Entering into binding contracts unless for educational loans for college level education and above, as provided in Section 26-1-5 of the Code of Alabama 1975.

Section 2

Notwithstanding any other provision of law to the contrary, the death penalty shall not be imposed upon any person who was less than 18 years of age at the time of the commission of the capital offense.

Section 3

This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.