HB323 Summary

• Allows defendants under age 18 at time of offense convicted of capital murder to be sentenced to life imprisonment as an alternative to life without parole or death, complying with Supreme Court decisions in Miller v. Alabama and Graham v. Florida.

• Permits defendants under age 18 convicted of non-homicide crimes with mandatory life sentences to receive life imprisonment instead of life without parole if they prove by preponderance of the evidence they were under 18 at time of offense.

• Requires judicial sentencing without jury involvement for defendants under 18 convicted of capital offenses, with courts considering all relevant mitigating circumstances when choosing between life with or without parole.

• Establishes that burden of proving defendant was under 18 at time of offense rests on the defendant by preponderance of evidence standard.

• Becomes effective immediately upon passage and gubernatorial approval.