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HB76 INTRODUCED
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HB76
HGYIU66-1
By Representative England (Constitutional Amendment)
RFD: Judiciary
First Read: 13-Jan-26
PFD: 02-Dec-25
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HGYIU66-1 11/20/2025 CMH (L)CMH 2025-3344
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PFD: 02-Dec-25
SYNOPSIS:
Under existing law, the death penalty is
authorized as a form of capital punishment for the
crime of murder when certain aggravating circumstances
are found by the trier of fact.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to provide that no
crime may be punishable by death.
This bill would affirmatively require the
Legislature to pass laws to prohibit the death penalty
as a form of capital punishment.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022, relating to capital punishment, to provide that no
crime shall be punishable by death; to require the
Legislature, by general law, to prohibit the death penalty;
and to make void any general law authorizing an individual to
be sentenced to death.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
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Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
(a) No crime shall be punishable by death, and the
Legislature, by general law, shall prohibit the death penalty
for the commission of any crime.
(b) Any general law authorizing any individual to be
punished by death shall be deemed void.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held at the statewide primary election in 2028 in
accordance with Sections 284 and 285 of the Constitution of
Alabama of 2022, and the election laws of this state. The
appropriate election official shall assign a ballot number for
the proposed constitutional amendment on the election ballot
and shall set forth the following description of the substance
or subject matter of the proposed constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, to abolish the death penalty.
Proposed by Act ____. "
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Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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