HB14 Alabama 2023 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2023

Title

Relating to sentencing; to amend Section 13A-5-46, Code of Alabama 1975, to require a unanimous vote of a jury to impose a death sentence in a capital murder case; to add Section 13A-5-46.1 to the Code of Alabama 1975, to provide for resentencing for certain defendants sentenced for capital murder; to repeal Section 13A-5-47.4, Code of Alabama 1975; to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

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 impose a sentence of death.

Prior to 2017, in capital murder cases, the jury would provide an advisory verdict to the judge regarding the defendant's sentence. The jury's advisory sentence was not binding upon the court; however, the judge was required to give it consideration.

This bill would provide that a defendant may be resentenced if a judge sentenced him or her to a sentence other than the jury's advisory sentence and if his or her death sentence was not unanimous.

This bill would repeal the existing code section relating to resentencing for certain defendants sentenced for capital murder.

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

Section 111.05 of the Constitution of Alabama of 2022, 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 HB14 INTRODUCED 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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