HB 70

HB70 INTRODUCED
1 HB70
2 9J2TWBB-1
3 By Representative England
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 02-Dec-25
  Page 0
 9J2TWBB-1 11/10/2025 CMH (L)CMH 2025-3208
1
2
3
4 SYNOPSIS:
5Prior to the enactment of Act 2017-131,
6effective April 11, 2017, following a defendant's
7conviction for a capital offense, the duty of the jury
8was to review the aggravating and mitigating
9circumstances associated with the defendant's offense
10and return to the court an advisory verdict. The
11sentencing court was required to review the advisory
12verdict and give it consideration, but the advisory
13verdict was not binding on the court.
14Upon the enactment of Act 2017-131, when a jury
15returns a verdict at sentencing, the trial court must
16sentence the defendant in accordance with the jury's
17verdict and may not overrule the jury's verdict.
18This bill would provide a procedure for a
19defendant in a capital murder case, who was sentenced
20pursuant to a judicial override, to be resentenced
21pursuant to existing law.
22
23
24
25A BILL
26TO BE ENTITLED
27AN ACT
28
  Page 1
  HB70 INTRODUCED
29Relating to sentencing; to add Section 13A-5-46.1 to
30 the Code of Alabama 1975, to provide for resentencing for
31 certain defendants sentenced for capital murder; to repeal
32 Section 13A-5-47.1, Code of Alabama 1975, relating to
33 resentencing for certain defendants.
34 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35Section 1. Section 13A-5-46.1 is added to the Code of
36 Alabama 1975, to read as follows:
37(a) A defendant convicted of a capital offense who was
38 sentenced pursuant to this article prior to June 1, 2026, on
39 petition to the sentencing court, shall be resentenced
40 pursuant to Section 13A-5-46, if the court finds all of the
41 following:
42(1) The defendant was sentenced pursuant to the
43 provisions of this article prior to June 1, 2026, under the
44 law in effect on April 10, 2017.
45(2) The jury returned an advisory verdict recommending
46 to the trial court that the imposed penalty be life
47 imprisonment without parole.
48(3) The sentencing court overruled the jury's advisory
49 verdict and imposed a sentence of death.
50(b) The petition shall be on a form and in a manner
51 established by the Administrative Office of Courts. Petitions
52 shall be considered authorized motions for modifications of
53 sentence, shall be assigned a unique identifier by the
54 Administrative Office of Courts, and shall not require payment
55 of a filing fee.
56(c) The petition for resentencing shall be heard by the
  Page 2
  HB70 INTRODUCED
57 original sentencing judge or his or her successor, the
58 presiding judge of the circuit, or a retired judge as assigned
59 by the Chief Justice of the Alabama Supreme Court. If the
60 court determines the defendant is eligible for resentencing
61 pursuant subsection (a), the court shall order the defendant
62 to be resentenced. The court shall dismiss the petition if the
63 court determines the defendant to be ineligible.
64(d) The court shall serve a copy of the petition for
65 resentencing on the district attorney in the county of the
66 conviction. The district attorney shall have an opportunity to
67 be heard on any motion filed pursuant to this section.
68(e) Upon determining the defendant is eligible for
69 resentencing pursuant to subsection (a), the court shall
70 notify the Victim Notification Unit of the Board of Pardons
71 and Paroles, which shall provide notifications to any
72 interested party registered for notice for the inmate through
73 the statewide automated victim notification system established
74 pursuant to Section 15-22-36.2.
75(f) The Administrative Office of Courts shall adopt
76 rules to implement and administer this section.
77Section 2. Section 13A-5-47.1, Code of Alabama 1975,
78 relating to the application of sentencing of certain
79 defendants convicted of capital murder, is repealed.
80Section 3. This act shall become effective on October
81 1, 2026.
  Page 3