SB216 Alabama 2023 Session

Summary

Primary Sponsor

Kirk HatcherSenator

Democrat

Session

Regular Session 2023

Title

Relating to sentencing; the amend Sections 13A-5-46 and 13A-5-47, Code of Alabama 1975, to require a unanimous vote of a jury to impose a death sentence in a capital murder case; to require a majority vote of a jury to impose a sentence of life imprisonment without parole; to add Sections 13A-5-46.1 and 13A-5-47.2 to the Code of Alabama 1975, to provide for resentencing for certain defendants sentenced for capital murder; to repeal Section 13A-5-47.1, Code of Alabama 1975; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

SB216 would change Alabama capital murder sentencing to require a unanimous jury vote for death, a majority for life without parole, and create a new resentencing process for defendants sentenced before the act.

What This Bill Does

If enacted, death sentences would only be possible with a unanimous jury vote, while life without parole would require a majority vote. It adds new resentencing provisions for defendants sentenced prior to the act’s effective date, to be handled by the sentencing judge or a circuit judge if needed, and it repeals an existing resentencing provision. It also allows for resentencing if the judge does not follow the jury’s advisory sentence or if the death sentence was not unanimous, and it updates code language to current style.

Who It Affects

• Defendants convicted of capital murder in Alabama, especially those facing death or life without parole, who would be subject to the new voting rules and potential resentencing.
• Judges and juries involved in capital murder sentencing (trial judges, sentencing juries, and circuit judges) who would apply the new unanimity/majority rules and manage the resentencing process.

Key Provisions

• Death sentence requires a unanimous vote by the jury to impose death.
• Life imprisonment without parole requires a majority vote by the jury to impose this sentence.
• Adds new resentencing provisions (Sections 13A-5-46.1 and 13A-5-47.2) allowing resentencing for defendants sentenced before the act’s effective date, by the sentencing judge or a circuit judge if needed.
• Repeals existing resentencing provision (Section 13A-5-47.1).
• If the judge sentences a defendant differently than the jury’s advisory sentence or if the death sentence was not unanimous, the defendant must be resentenced.
• Includes nonsubstantive, technical updates to update language to current style.
• Effective date: immediately after governor approval.

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