HB28 Alabama 2024 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2024

Title

Crimes and offenses; murder further provided for; exceptions provided, penalties revised

Summary

HB28 would create a 'willing participant' exception to murder and set new penalties for murder in Alabama.

What This Bill Does

The bill amends murder law to say a person does not commit murder if the person killed was a willing participant in the underlying felony. It splits murder into two categories with different penalties: Class A for killings linked to certain felonies, and Class B for murders in other listed felonies, with adult penalties including death or life without parole and juvenile penalties of life without parole or life. It also imposes a minimum of 30 years before parole if life is imposed on a capital offense and preserves a heat-of-passion provocation defense with the burden on the defendant. The effective date is October 1, 2024, and the bill notes a local-funding provision but states it is exempt from local-funding approval requirements because it amends the crime rather than creating a new funding obligation.

Who It Affects

• Defendants in murder cases where the victim was a willing participant in the underlying felony (they would not be charged with murder under the new exception).
• Adults (18+) and juveniles under 18 who are convicted of murder, as the penalties vary by age and the category of murder (Class A vs Class B); life-imprisonment provisions include a 30-year minimum parole waiting period for life on capital offenses.

Key Provisions

• Creates a 'willing participant' exception: a person does not commit murder if the person killed was a willing participant in the underlying felony.
• Reclassifies murder into two categories: Class A for murders occurring in or in furtherance of certain felonies, and Class B for other listed felonies;
• Punishments: adults (18 and older) face death or life imprisonment without parole for murder under Class A; those under 18 face life without parole or life; capital offenses include a 30-year minimum before parole for life sentences.
• Keeps a provocation (heat of passion) defense with the burden on the defendant to prove but does not shift the overall burden of proof.
• Effective date: October 1, 2024; the bill notes local-funding considerations but is exempt from Section 111.05 requirements because it amends the crime rather than creating a new local funding obligation.

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 & Offenses