HB359 Alabama 2020 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2020

Title

Sentencing, to require a unanimous vote by jurors to recommend a sentence of death in capital murder cases, Sec. 13A-5-46 am'd.

Description

Under existing law, a sentence of death in a capital murder case must be based on a vote of at least 10 jurors.

This bill would require a unanimous vote by the jurors to recommend a sentence of death.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.

However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Capital Murder