HB70 Alabama 2026 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

2026 Regular Session

Title

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

Description

Prior to the enactment of Act 2017-131, effective April 11, 2017, following a defendant's conviction for a capital offense, the duty of the jury was to review the aggravating and mitigating circumstances associated with the defendant's offense and return to the court an advisory verdict. The sentencing court was required to review the advisory verdict and give it consideration, but the advisory verdict was not binding on the court.

Upon the enactment of Act 2017-131, when a jury returns a verdict at sentencing, the trial court must sentence the defendant in accordance with the jury's verdict and may not overrule the jury's verdict.

This bill would provide a procedure for a defendant in a capital murder case, who was sentenced pursuant to a judicial override, to be resentenced pursuant to existing law.

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Subjects

Criminal Procedure