AL HB49

Establishes rape in the first degree and sodomy in the first degree as capital offenses when the victim is less than 12 years of age.

Adds rape in the first degree with victim under 12 years old and sodomy in the first degree with victim under 12 years old to the list of capital offenses in Section 13A-5-40(a).

Requires punishment for these offenses to be determined and fixed as provided in Article 2 of Chapter 5, with any defendant sentenced to life serving a minimum of 30 years day-for-day before first parole consideration.

Modifies aggravating circumstance provisions to apply capital offense language limitations to violations of Section 13A-5-40(a)(1) through (21).

Becomes effective October 1, 2025; passed House with 86 yeas, 5 nays, and 9 abstentions on February 11, 2025.