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AL SB32
Bill
Status
2/5/2013
Primary Sponsor
Hank Sanders
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AI Summary
SB32 Summary
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Amends Alabama Code Sections 13A-5-45, 13A-5-46, and 13A-5-47 to prohibit courts from overriding jury verdicts in capital cases.
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Changes jury verdicts from "advisory" to binding verdicts in capital sentencing; where jury returns a death verdict, the court shall sentence the defendant to death, and where no death verdict is returned, the court shall impose life imprisonment without parole.
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Requires the jury's recommendation to be given consideration but makes it binding on the court rather than advisory, eliminating judicial override authority.
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Maintains existing procedures for sentence hearings, evidence presentation, aggravating and mitigating circumstances, and jury composition in capital cases.
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Becomes effective immediately upon passage and gubernatorial approval or upon otherwise becoming law.
Legislative Description
Capital cases, sentencing, court prohibited from overriding jury verdict, Secs. 13A-5-45, 13A-5-46, 13A-5-47 am'd.
Criminal Law and Procedure
Last Action
Read for the first time and referred to the Senate committee on Judiciary
2/5/2013