Read the full stored bill text
HB305 INTRODUCED
Page 0
HB305
L5II1AY-1
By Representatives Brinyark, Faulkner
RFD: Judiciary
First Read: 21-Jan-26
1
2
3
4
5
L5II1AY-1 01/15/2026 GED (L)ma 2026-290
Page 1
First Read: 21-Jan-26
SYNOPSIS:
Under existing law, a court may not order, draw,
or summon a special venire for a capital felony trial.
This bill would remove the prohibition of
special venire in capital felony cases, granting courts
permissive authority to order, draw, or summon a
special venire.
This bill would require the courts to follow
specific procedures for voir dire questioning and
striking potential jurors for cause, to include
administering an oath to the potential jurors, ensuring
each party has an opportunity to question potential
jurors, and removing jurors for cause upon a motion
made by either party or the court.
This bill would further provide for the
procedures the courts must follow when retaining
alternate jurors, authorizing the courts to retain
alternate jurors after the jury retires to deliberate.
This bill would also establish the procedures
the courts must follow when there are not enough
qualified jurors in attendance to form the juries
required.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB305 INTRODUCED
Page 2
A BILL
TO BE ENTITLED
AN ACT
Relating to juries; to amend Section 12-16-100, Code of
Alabama 1975, to allow a special venire in certain criminal
cases; to require courts to follow certain procedures for voir
dire questioning and striking jurors for cause; to further
provide for alternate juror procedures; and to provide for
procedures when there are not enough qualified jurors in
attendance to form juries required.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-16-100, Code of Alabama 1975, is
amended to read as follows:
"§12-16-100
(a) In every criminal case the jury shall be drawn,
selected , and empaneled as follows:
(1) Upon the trial by jury in the circuit courts of any
person charged with a felony, including a capital felony, a
misdemeanor, or violation, the court shall require a strike
list or lists to be compiled from the names appearing on the
master strike list as established in Section 12-16-74 , or
alternatively, as provided in Sections 12-16-145 and
12-16-146 . In compiling the list or lists, names of qualified
jurors may be omitted on a nonselective basis. A strike list
shall be furnished for the trial of any case at hand and a
copy thereof given to all parties. The prospective jurors
whose names appear thereon shall be brought into open court ,
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
HB305 INTRODUCED
Page 3
whose names appear thereon shall be brought into open court ,
and the case shall be called . and
(2) Upon calling the case, the court shall administer
the oath of prospective jurors found in Rule 18.4(b), Alabama
Rules of Criminal Procedure, as adopted by the Supreme Court
of Alabama.
(3) in Following the administration of the oath of
prospective jurors, and in the presence of the district
attorney and the defendant and his or her attorney, the jurors
shall be examined on voir dire for the trial of the case at
hand.
(4) The court shall permit the parties or their
attorneys to conduct a reasonable examination of prospective
jurors. The court may also conduct an examination of
prospective jurors, and the court may direct that the
examination of one or more prospective jurors be separate and
apart from the other prospective jurors. Voir dire examination
of prospective jurors shall be limited to inquiries directed
to basis for challenge for cause or for obtaining information
enabling the parties to knowledgeably exercise their strikes.
(5) When a prospective juror is subject to challenge
for cause or it reasonably appears that the prospective juror
cannot or will not render a fair and impartial verdict, the
court, on its own initiative or on motion of any party, shall
excuse that juror from service in the case. Challenges for
cause shall be made before the parties begin striking the jury
and, in the discretion of the court, may be made out of
hearing of the prospective jurors but shall be on the record.
(6) After the conclusion of the voir dire examination
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
HB305 INTRODUCED
Page 4
(6) After the conclusion of the voir dire examination
and the removal from the strike list of the names of those
jurors who were challenged or excused for good reason cause ,
the district attorney shall be required first to strike from
the strike list the name of one juror, and the defendant shall
strike one, and they shall continue to strike off names
alternately until only 12 jurors remain on the strike list and
these 12 jurors thus selected shall be the jury charged with
the trial of the case. If any defendant shall refuse to
exercise a strike to which he or she is entitled, then the
judge presiding shall exercise that defendant's strike for him
or her .
(7) The number of names appearing on the strike list
upon commencement of striking, unless a lesser number is
agreed to by the parties, shall not be less than :
a. 36 Thirty-six if the offense charged is a capital
felony ; nor less than
b. 24 Twenty-four if the offense charged is a felony
not punished capitally ; and nor less than
c. 18 Eighteen if the offense charged is a misdemeanor
or violation.
(8) In the event the list of competent prospective
jurors is reduced to fewer than the number required by this
subsection, the court shall add prospective jurors in the
manner prescribed in Section 12-16-76. No special venire shall
be ordered, drawn, or summoned for the trial of any person
indicted for a capital felony.
(b)(1) The court may in its discretion qualify such
alternate jurors as it deems necessary, except that in capital
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
HB305 INTRODUCED
Page 5
alternate jurors as it deems necessary, except that in capital
cases the court shall qualify at least two alternate jurors,
as required by law.
(2) Alternate jurors shall be drawn from the venire in
the same manner, shall have the same qualifications, shall be
subject to the same examination and challenges, shall take the
same oath, and shall have the same functions, powers,
facilities, and privileges as the principal jurors, except
that they shall not deliberate with the jury or vote upon the
verdict unless designated to replace a principal juror.
(3) The court may take either of the following actions
at the time the jury retires to consider its verdict:
a. An Discharge the alternate juror who does not
replace a principal juror . shall be discharged at the time the
jury retires to consider its verdict.
b. Retain the alternate juror after the jury retires to
deliberate.
(4) The court shall ensure that a retained alternate
juror does not discuss the case with anyone until that
alternate juror replaces a juror or is discharged. If an
alternate juror replaces a juror after deliberations have
begun, the court must instruct the jury to begin its
deliberations anew.
(c)(1) If the court determines that more than two
alternate jurors shall be selected in a capital case, or that
one or more alternate jurors shall be selected in a noncapital
case, upon commencement of striking, unless the parties
consent to the use of a lesser number, the minimum number of
names required on the strike list in subsection (a) shall be
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
HB305 INTRODUCED
Page 6
names required on the strike list in subsection (a) shall be
increased by two for each alternate juror to be selected ,;
provided that such increase in names shall not apply for the
first two alternate jurors to be selected in a capital case.
(2) The parties shall then strike from the strike list
as herein provided until there remain 12 jurors. The last
juror or jurors struck shall be the alternate or alternates,
and if it becomes necessary for an alternate juror to replace
a principal juror, the last juror struck shall be designated.
The identity of alternate jurors shall not be divulged to the
jurors until the jury retires for deliberation.
(d) Whenever there are not enough qualified jurors in
attendance to form the juries required, the presiding judge
shall draw from the trial court jury box or from a list
compiled pursuant to the provisions of Sections 12-16-145 and
12-16-146, the names of as many prospective jurors as he or
she may deem necessary to complete the empaneling of all
juries then required. The court shall cause to be summoned
forthwith all prospective jurors thus selected, to attend
court when required, and the prospective jurors may be
summoned by personal service or by telephone. The court shall
then proceed to empanel or complete the empaneling of the
juries.
(e)(1) If, prior to the commencement of striking,
because of challenged for cause or for any other reason, the
number of names on the list from which the parties are to
strike is reduced to fewer names than the minimum established
in this section, then unless the parties consent to the use of
the lesser number, the court shall fill the deficiency first
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
HB305 INTRODUCED
Page 7
the lesser number, the court shall fill the deficiency first
from the remaining available petit jurors sworn for the week.
(2) If the number of available petit jurors sworn for
the week is insufficient to fill the deficiency, the remaining
deficiency shall be filled either by waiting until other petit
jurors sworn for the week become available or by randomly
drawing or causing to be drawn from the trial court jury box
at least twice the number of names needed to fill the
deficiency.
(3) The court shall cause to be summoned forthwith all
prospective jurors thus drawn, either by personal service or
by telephone. The names of those persons found competent to
hear the case shall be added to the list from which the
parties are to strike, in at least the number necessary to
fill the deficiency.
(d) Any county having existing laws on April 15, 1982
establishing procedures for the selection and use of alternate
jurors, may at the election of the presiding circuit judge,
continue to follow the provisions of such law with respect to
the selection of alternate jurors. Such election must be made
in writing within 30 days of April 15, 1982 and filed with the
Secretary of State, the Clerk of the Supreme Court, the
Administrative Office of Courts and the local bar of the
county affected thereby. At any time after said election,
either the presiding circuit judge, or a majority of the
circuit judges in the circuit wherein the county is located,
may elect to come under the provisions of this chapter by
filing written notice as required above. "
Section 2. This act shall become effective on October
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
HB305 INTRODUCED
Page 8
Section 2. This act shall become effective on October
1, 2026.197