HB178 Alabama 2019 Session

Updated Feb 26, 2026

High Interest

Summary

Primary Sponsor: Proncey Robertson
Republican
Session: Regular Session 2019
Title: Governor, commutation power, notice requirements provided, const. amend.
Summary: HB 178 would amend Amendment 38 of the Alabama Constitution to keep the Governor's power to grant death-row reprieves and commutations but require notice to certain people and allow legal challenges to a commutation.
What This Bill Does
The governor would still be able to grant reprieves and commutations to death-row inmates, but must notify the Attorney General and any victim's family members with contact information provided before granting a commutation. A victim's family member can challenge a commutation in Montgomery County Circuit Court within 30 days if they believe proper notice was not given; if the court finds a violation, the commutation would be void and the Governor would be barred from granting until proper notice is provided. The bill also preserves the Legislature's power to regulate pardons, paroles, and related matters, and clarifies that pardons do not automatically remove civil or political disabilities unless stated.

Who It Affects
Victims' family members whose contact information is provided to the Governor; they would receive notice before a commutation and could file a civil challenge if notice is alleged to be improper.
The Governor and the Attorney General (involved in notification), death-row inmates subject to commuting decisions, and the Montgomery County Circuit Court (where challenges would be heard).

Key Provisions
The Governor retains the power to grant reprieves and commutations for death-row inmates.
Before granting a commutation or reprieve, the Governor must take reasonable steps to notify the Attorney General and any victim's family member with provided contact information.
A victim's family member may challenge a commutation in the Montgomery County Circuit Court within 30 days; if a violation is found, the commutation is void and the Governor is enjoined from granting until proper notice is given.
The Legislature may regulate pardons, paroles, remission of fines and forfeitures, and may authorize courts to suspend sentences and order probation.
No pardon shall relieve civil and political disabilities unless specifically stated in the pardon.

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