HB382 Alabama 2023 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses, to amend Section 13A-6-2, Code of Alabama 1975, to further provide for the crime of murder; to provide for an exception to murder; to further provide for penalties; 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.

Summary

HB382 would create an exception to the murder rule for killings of willing participants in the underlying felony and set specific penalties for murder.

What This Bill Does

It amends the murder statute to say a person does not commit murder if the person killed was a willing participant in the underlying felony. It keeps existing murder definitions but adds that deaths occurring during certain listed felonies can still be charged as murder. It classifies murder as a Class A felony in most cases, with possible death or life without parole for adults, or life (or life without parole) for those under 18; murders tied to listed felonies would be Class B. It also requires a minimum of 30 years before parole for life sentences on capital offenses and states the bill is exempt from local-funding requirements, allowing it to take effect without local approval.

Who It Affects

• People accused of murder or felonies in Alabama, especially in cases where the person killed was a willing participant in the underlying felony, because murder charges could be avoided.
• Law enforcement and prosecutors who handle murder cases and apply the new exception when charging and trying cases.

Key Provisions

• Adds an exception: a person does not commit murder if the person killed was a willing participant in the underlying felony.
• Preserves and expands murder definitions to include deaths during certain felonies, including 'any other felony clearly dangerous to human life'.
• Murder under (a)(1) or (a)(2) is a Class A felony; murder under (a)(3) is a Class B felony; punishments include death or life without parole for adults, and life or life without parole for those under 18.
• If sentenced to life on a capital offense, the defendant must serve a minimum of 30 years before parole consideration.
• The bill is exempt from the constitutional local-funding requirements because it amends the definition of murder, and it would take effect on the first day of the third month after passage.

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

Subjects

Crimes and offenses, to further provide for the crime of murder, create exception, further provide for penalties