HB41 Alabama 2026 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

2026 Regular Session

Title

Crimes and offenses; rape in the first degree, sodomy in the first degree, and sexual torture, penalties further provided for

Summary

HB41 would make rape, sodomy, and sexual torture of children under 12 capital offenses and expand capital-murder triggers, while adding a 30-year parole-ineligibility requirement for life sentences, with an effective date of October 1, 2026.

What This Bill Does

It designates rape in the first degree, sodomy in the first degree, and sexual torture as capital offenses when the victim is under 12 years old. It also broadens the list of situations that can be charged as capital murder (for example, murder occurring during rape, sodomy, sexual abuse, arson, or other listed crimes, including certain child victims and first responders). Additionally, if someone is sentenced to life imprisonment for a capital offense, they must serve at least 30 years before being considered for parole. The act would take effect on October 1, 2026.

Who It Affects

• Victims under 12 years old and their families, because crimes against them (rape, sodomy, and sexual torture) could be charged as capital offenses with the potential for the death penalty.
• Defendants convicted of capital offenses (including the newly expanded murder contexts), because sentences could involve capital punishment and, if life imprisonment is imposed, a mandatory 30-year period before parole eligibility.

Key Provisions

• The act is titled the 'Child Predator Death Penalty Act.'
• Rape in the first degree, sodomy in the first degree, and sexual torture are capital offenses when the victim is under 12.
• Murder in a broad set of circumstances (e.g., during rape/sodomy/sexual abuse, during arson or with weapons, against public officials or first responders, etc.) is designated a capital offense.
• Any defendant sentenced to life imprisonment on a capital offense must serve a minimum of 30 years before first parole consideration.
• The act amends Sections 13A-5-40, 13A-6-61, 13A-6-63, and 13A-6-65.1 of the Code of Alabama 1975.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses