HB70 Alabama 2026 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

2026 Regular Session

Title

Sentencing; resentencing of certain sentences subject to judicial override, authorized; retroactive application, provided

Summary

HB70 would create a retroactive process to resentence certain capital murder defendants who were sentenced under judicial override before June 1, 2026, under the standard capital-sentencing rules if specific conditions are met.

What This Bill Does

It adds a new section 13A-5-46.1 to provide a resentencing pathway for capital murder defendants who were sentenced under judicial override prior to June 1, 2026, but only if they meet all listed eligibility criteria. Eligibility requires that the defendant was sentenced under the law in effect on April 10, 2017, the jury advised life without parole, and the trial court overruled that advisory verdict and imposed a death sentence. Petitions for resentencing are treated as authorized motions for modification of sentence and heard by the original sentencing judge or a designated judge; if eligible, the court must order resentencing under 13A-5-46, otherwise the petition is dismissed. The act also repeals 13A-5-47.1 and becomes effective October 1, 2026, with notice requirements to the district attorney and the Victim Notification Unit, and rules to implement the section to be adopted by the Administrative Office of Courts.

Who It Affects

• Defendants convicted of capital murder who were sentenced under judicial override before June 1, 2026 and who meet the eligibility criteria, as they may be resentenced under the standard capital-sentencing rules.
• District attorneys and victims (via the Victim Notification Unit) who must be notified and have an opportunity to participate in the resentencing process.

Key Provisions

• Adds Section 13A-5-46.1 to provide a retroactive resentencing pathway for certain capital-murder defendants, including specific eligibility criteria and a process for petitions treated as authorized motions for modification of sentence.
• Repeals Section 13A-5-47.1 and sets October 1, 2026 as the act’s effective date; also requires the Administrative Office of Courts to adopt implementation rules and mandates notice to the district attorney and Victim Notification Unit.

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

Subjects

Criminal Procedure