HB19 Alabama 2023 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to criminal procedure; to amend Sections 15-24-2 and 15-24-5, Code of Alabama 1975, to update the definition of "intellectually disabled person"; to allow defendants an additional opportunity to present evidence of intellectual disability; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB19 updates the definition of intellectually disabled in Alabama criminal procedure and expands opportunities for defendants to present disability evidence, along with minor language updates.

What This Bill Does

It changes how the state defines intellectual disability for criminal cases. If a court finds a defendant intellectually disabled, it allows the judge to choose between release with conditions or placement that protects the defendant during pretrial confinement. If the defendant is not initially found intellectually disabled, the bill requires giving them an additional opportunity to present clinical evidence. It also makes nonsubstantive, technical revisions to update the code language to current style.

Who It Affects

• Defendants charged with criminal offenses who may be intellectually disabled; they gain an extra chance to present evidence and may have different pretrial arrangements if found disabled.
• Judges and the pretrial process; they gain new options to manage pretrial release or placement for defendants deemed intellectually disabled and must provide opportunities for additional disability evidence if not initially found disabled.

Key Provisions

• Update the definition of 'intellectually disabled person' in 15-24-2 to reflect current standards and testing measures.
• Add an additional opportunity for the defendant to present clinical evidence of intellectual disability if not initially found to be intellectually disabled.
• If the court determines the defendant is intellectually disabled, allow the judge to choose between pretrial release with conditions or placement that protects the defendant during pretrial confinement.
• Make nonsubstantive, technical revisions to update code language to current style.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.