House Bill 305 Alabama 2026 Session

Summary

Primary Sponsor

Bryan BrinyarkRepresentative

Republican

Session

2026 Regular Session

Title

Juries; special venire in capital felony cases allowed, voire dire procedures and alternate juror procedures further provided for, procedures when there are not enough qualified jurors present established

Summary

HB305 would allow a special venire for capital felony trials and establish detailed voir dire, alternate juror rules, and contingency procedures when there are not enough qualified jurors.

What This Bill Does

It removes the current ban on a special venire in capital felony cases, letting courts order a separate pool of potential jurors for those trials. It requires specific voir dire procedures, including an oath for jurors, opportunities for both sides to question jurors, and the ability to remove jurors for cause upon motion. It creates clear rules for using alternate jurors in capital cases, including a minimum of two alternates with the same qualifications and oath, who may replace principal jurors and require deliberation to restart if replacements occur. It also provides steps for cases when not enough qualified jurors are present, requiring the court to summon additional prospective jurors and adjust the strike process to complete empanelment.

Who It Affects

• Defendants charged with capital felonies and their attorneys, who would experience the new special venire and enhanced voir dire and replacement procedures.
• Jurors and prospective jurors (including alternates) and the courts/prosecutors who must follow the new oath, questioning, replacement, and contingency rules.

Key Provisions

• Allows courts to order, draw, or summon a special venire for capital felony trials (removing the prior prohibition).
• Imposes specific voir dire requirements: administer an oath to prospective jurors, let each party question jurors, and allow challenges for cause on the record; inquiries limited to relevant information.
• Requires at least two alternate jurors in capital cases; alternates have the same qualifications and oath and can replace principal jurors; deliberations restart if an alternate replaces a juror.
• If not enough qualified jurors are present, the court can summon additional prospective jurors from the appropriate lists or jury box to complete empaneling the juries.
• Sets minimum strike-list sizes: 36 names for capital felony cases, 24 for non-capital felonies, and 18 for misdemeanors/violations; procedures to add jurors if the list is reduced or insufficient.

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

Subjects

Courts & Judges