SB128 Alabama 2018 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2018

Title

Capital defendant, execution of, elect to include by nitrogen hypoxia, capital defendant allowed to choose life without parole in-lieu-of a death sentence, Secs. 15-18-82, 15-18-82.1 am'd.

Summary

SB 128 would add nitrogen hypoxia as an execution option when lethal injection is unavailable and allow death‑eligible defendants to elect nitrogen hypoxia or to convert their sentence to life without parole.

What This Bill Does

If passed, the bill would amend Alabama law to allow nitrogen hypoxia as a permitted method of execution when lethal injection is not available, and would let capital defendants choose nitrogen hypoxia. It would also permit a death-sentenced inmate to elect to serve life without parole instead of death. The bill includes election rules (written election to the warden within 30 days after judgment) and transitional provisions, and provides contingencies if all methods are challenged as unconstitutional.

Who It Affects

• Capital defendants (death row inmates) who would gain the option to elect nitrogen hypoxia or to convert their death sentence to life without parole.
• The Alabama Department of Corrections and related execution processes (including the warden and Holman unit) responsible for administering executions and managing method election processes.

Key Provisions

• Allows executions by nitrogen hypoxia as an alternative to lethal injection when lethal injection is unavailable.
• Allows a capital defendant to elect nitrogen hypoxia as the method of execution, and to elect life without parole in lieu of the death sentence.
• Establishes election procedures: the defendant must submit a written election to the warden within 30 days after judgment; includes transitional rules for judgments issued before certain dates and related waivers.
• If all methods are found unconstitutional, permits the Commissioner of Corrections to choose any constitutional method of execution; preserves other procedural safeguards and execution-related provisions.

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

Subjects

Execution