HB363 Summary

• Amends Section 13A-5-53, Code of Alabama 1975 to change the appellate review process for death penalty cases from a two-step process (Alabama Court of Criminal Appeals, subject to Alabama Supreme Court review) to direct appeal to the Alabama Supreme Court.

• Removes the intermediate appeal to the Court of Criminal Appeals for capital cases, making the Alabama Supreme Court the first appellate court to review death sentences.

• Maintains the existing substantive review requirements, including examination of sentencing errors, findings on aggravating and mitigating circumstances, and three-factor analysis of whether death is the proper sentence.

• Authorizes the Alabama Supreme Court to affirm the death sentence, remand for correction of sentencing errors, or set aside the death sentence and impose life imprisonment without parole.

• Becomes effective on the first day of the third month following passage and approval by the Governor.