HB70 • 2026

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

The bill text states it becomes effective on October 1, 2026, but the metadata lists 'Pending Committee Action,' indicating uncertainty about whether this version will become law.

HB70: Resentencing for Capital Murder Cases with Judicial Override

This bill allows certain people sentenced to death after a judge overruled a jury's recommendation of life imprisonment before June 1, 2026, to ask the court for resentencing under current law.

What This Bill Does

Creates a process for defendants in capital murder cases to petition for resentencing if they were sentenced by judicial override prior to June 1, 2026.
Requires courts to grant resentencing only if the jury originally recommended life imprisonment without parole and the judge imposed death instead under laws effective on April 10, 2017.
Mandates that petitions use forms created by the Administrative Office of Courts and do not require filing fees.
Assigns cases for review to the original sentencing judge, a circuit presiding judge, or a retired judge appointed by the Chief Justice of the Alabama Supreme Court.
Requires courts to notify the Victim Notification Unit if a defendant is eligible for resentencing so that registered parties can be informed.

Who It Names or Affects

Defendants convicted of capital offenses who received death sentences after judges overruled jury recommendations before June 1, 2026.
Sentencing courts and judges in Alabama circuit courts.
District attorneys in the counties where convictions occurred.

Terms To Know

Judicial override: When a judge changes a jury's sentencing recommendation to impose a different penalty, such as death instead of life imprisonment.
Advisory verdict: A non-binding recommendation from a jury on what sentence should be given after a conviction for capital murder under laws in effect before April 10, 2017.
Resentencing: The legal process of holding a new hearing to determine or change the punishment for a crime already committed.

Limits and Unknowns

This law only applies to cases sentenced under laws in effect on April 10, 2017.
Courts must dismiss petitions if they find the defendant does not meet all three specific conditions listed in Section 1(a).
The bill becomes effective on October 1, 2026.

Bill History

2026-01-13 House
Pending Committee Action in House of Origin
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
1
2
3
4
5
6
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
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
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
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
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.
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