SB216 Alabama 2023 Session

Summary

Primary Sponsor

Kirk Hatcher Senator

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.

Description

Under existing law, a sentence of death in a capital murder case must be based on a vote of at least 10 jurors and a sentence of life without the possibility of parole requires a majority vote.

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

This bill would require a vote of the majority of jurors to impose a sentence of life without the possibility of parole.

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 shall 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.

SB216 INTRODUCED.

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