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HB70 • 2026

Sentencing; resentencing of certain sentences subject to judicial override, authorized; retroactive application, provided

Sentencing; resentencing of certain sentences subject to judicial override, authorized; retroactive application, provided

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
England
Last action
2026-01-13
Official status
Pending Committee Action in House of Origin
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Resentencing for Certain Capital Murder Cases

This bill allows people sentenced to death before June 1, 2026, who were originally given life in prison by a jury but got the death penalty from a judge instead, to ask for another sentencing hearing.

What This Bill Does

  • Allows defendants convicted of capital murder and sentenced to death after a judicial override (when a judge overrules a jury's recommendation) before June 1, 2026, to request resentencing.
  • Requires the petition for resentencing to be on a form established by the Administrative Office of Courts and does not require payment of a filing fee.
  • Specifies that the resentencing hearing must be conducted by either the original sentencing judge or their successor, the presiding judge of the circuit, or a retired judge assigned by the Chief Justice of the Alabama Supreme Court.
  • Requires the court to notify the district attorney and the Victim Notification Unit if the defendant is eligible for resentencing.

Who It Names or Affects

  • People who were sentenced to death after a judicial override before June 1, 2026, in capital murder cases.

Terms To Know

Judicial Override
When a judge overrules the jury's recommendation and imposes a different sentence.
Advisory Verdict
The jury's recommendation to the court on what sentence should be given, which is not binding but must be considered by the sentencing court.

Limits and Unknowns

  • This bill only applies to cases where a judicial override occurred before June 1, 2026.
  • The exact details of how resentencing hearings will be conducted are left to rules established by the Administrative Office of Courts.

Bill History

  1. 2026-01-13 House

    Pending Committee Action in House of Origin

  2. 2026-01-13 House

    Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Sentencing; resentencing of certain sentences subject to judicial override, authorized; retroactive application, provided

Current Bill Text

Read the full stored bill text 
HB70 INTRODUCED
Page 0
HB70
9J2TWBB-1
By Representative England
RFD: Judiciary
First Read: 13-Jan-26
PFD: 02-Dec-25
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9J2TWBB-1 11/10/2025 CMH (L)CMH 2025-3208
Page 1
PFD: 02-Dec-25
SYNOPSIS:
Prior to the enactment of Act 2017-131,
effective April 11, 2017, following a defendant's
conviction for a capital offense, the duty of the jury
was to review the aggravating and mitigating
circumstances associated with the defendant's offense
and return to the court an advisory verdict. The
sentencing court was required to review the advisory
verdict and give it consideration, but the advisory
verdict was not binding on the court.
Upon the enactment of Act 2017-131, when a jury
returns a verdict at sentencing, the trial court must
sentence the defendant in accordance with the jury's
verdict and may not overrule the jury's verdict.
This bill would provide a procedure for a
defendant in a capital murder case, who was sentenced
pursuant to a judicial override, to be resentenced
pursuant to existing law.
A BILL
TO BE ENTITLED
AN ACT
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HB70 INTRODUCED
Page 2
Relating to sentencing; to add Section 13A-5-46.1 to
the Code of Alabama 1975, to provide for resentencing for
certain defendants sentenced for capital murder; to repeal
Section 13A-5-47.1, Code of Alabama 1975, relating to
resentencing for certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-5-46.1 is added to the Code of
Alabama 1975, to read as follows:
(a) A defendant convicted of a capital offense who was
sentenced pursuant to this article prior to June 1, 2026, on
petition to the sentencing court, shall be resentenced
pursuant to Section 13A-5-46, if the court finds all of the
following:
(1) The defendant was sentenced pursuant to the
provisions of this article prior to June 1, 2026, under the
law in effect on April 10, 2017.
(2) The jury returned an advisory verdict recommending
to the trial court that the imposed penalty be life
imprisonment without parole.
(3) The sentencing court overruled the jury's advisory
verdict and imposed a sentence of death.
(b) The petition shall be on a form and in a manner
established by the Administrative Office of Courts. Petitions
shall be considered authorized motions for modifications of
sentence, shall be assigned a unique identifier by the
Administrative Office of Courts, and shall not require payment
of a filing fee.
(c) The petition for resentencing shall be heard by the
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HB70 INTRODUCED
Page 3
(c) The petition for resentencing shall be heard by the
original sentencing judge or his or her successor, the
presiding judge of the circuit, or a retired judge as assigned
by the Chief Justice of the Alabama Supreme Court. If the
court determines the defendant is eligible for resentencing
pursuant subsection (a), the court shall order the defendant
to be resentenced. The court shall dismiss the petition if the
court determines the defendant to be ineligible.
(d) The court shall serve a copy of the petition for
resentencing on the district attorney in the county of the
conviction. The district attorney shall have an opportunity to
be heard on any motion filed pursuant to this section.
(e) Upon determining the defendant is eligible for
resentencing pursuant to subsection (a), the court shall
notify the Victim Notification Unit of the Board of Pardons
and Paroles, which shall provide notifications to any
interested party registered for notice for the inmate through
the statewide automated victim notification system established
pursuant to Section 15-22-36.2.
(f) The Administrative Office of Courts shall adopt
rules to implement and administer this section.
Section 2. Section 13A-5-47.1, Code of Alabama 1975,
relating to the application of sentencing of certain
defendants convicted of capital murder, is repealed.
Section 3. This act shall become effective on October
1, 2026.
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