HB 76

HB76 INTRODUCED
1 HB76
2 HGYIU66-1
3 By Representative England   (Constitutional Amendment)
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 02-Dec-25
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 HGYIU66-1 11/20/2025 CMH (L)CMH 2025-3344
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4 SYNOPSIS:
5Under existing law, the death penalty is
6authorized as a form of capital punishment for the
7crime of murder when certain aggravating circumstances
8are found by the trier of fact.
9This bill would propose an amendment to the
10Constitution of Alabama of 2022, to provide that no
11crime may be punishable by death.
12This bill would affirmatively require the
13Legislature to pass laws to prohibit the death penalty
14as a form of capital punishment.
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17A BILL
18TO BE ENTITLED
19AN ACT
20
21Proposing an amendment to the Constitution of Alabama
22 of 2022, relating to capital punishment, to provide that no
23 crime shall be punishable by death; to require the
24 Legislature, by general law, to prohibit the death penalty;
25 and to make void any general law authorizing an individual to
26 be sentenced to death.
27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28Section 1. The following amendment to the Constitution
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  HB76 INTRODUCED
29 of Alabama of 2022, is proposed:
30PROPOSED AMENDMENT
31(a) No crime shall be punishable by death, and the
32 Legislature, by general law, shall prohibit the death penalty
33 for the commission of any crime.
34(b) Any general law authorizing any individual to be
35 punished by death shall be deemed void.
36Upon ratification of this constitutional amendment, the
37 Code Commissioner shall number and place this amendment as
38 appropriate in the constitution omitting this instructional
39 paragraph and may make the following nonsubstantive revisions:
40 change capitalization, hierarchy, spelling, and punctuation
41 for purposes of style and uniformity; correct manifest
42 grammatical, clerical, and typographical errors; revise
43 internal or external citations and cross-references; harmonize
44 language; and translate effective dates.
45END OF PROPOSED AMENDMENT
46Section 2. An election upon the proposed amendment
47 shall be held at the statewide primary election in 2028 in
48 accordance with Sections 284 and 285 of the Constitution of
49 Alabama of 2022, and the election laws of this state. The
50 appropriate election official shall assign a ballot number for
51 the proposed constitutional amendment on the election ballot
52 and shall set forth the following description of the substance
53 or subject matter of the proposed constitutional amendment:
54"Proposing an amendment to the Constitution of Alabama
55 of 2022, to abolish the death penalty.
56Proposed by Act ____."
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57This description shall be followed by the following
58 language:
59"Yes( ) No( )."
60Section 3. The proposed amendment shall become valid as
61 a part of the Constitution of Alabama of 2022, when approved
62 by a majority of the qualified electors voting thereon.
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