HB76 • 2026

Death penalty, abolished

Crime Elections

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

While the bill metadata lists 'Passed Legislature' and 'Final Enrollment', it also shows a status of 'Pending Committee Action in House of Origin'. This contradiction suggests uncertainty about whether the final legislative steps were actually completed before this text was generated.

HB76: Proposal to Abolish the Death Penalty in Alabama

This bill proposes a change to the state constitution that would ban the death penalty for all crimes and require voters to decide on it at the 2028 statewide primary election.

What This Bill Does

Proposes adding a rule to the Constitution of Alabama stating no crime can be punished by death.
Requires the Legislature to pass laws that stop the use of the death penalty as capital punishment.
Makes any existing state law allowing execution invalid if this amendment passes.
Schedules an election for voters to approve or reject this change during the 2028 statewide primary.
Sets a rule that the amendment only becomes part of the constitution if approved by a majority of qualified electors voting on it.

Who It Names or Affects

The Alabama Legislature, which must pass laws following this new constitutional rule.
State courts and judges who currently sentence individuals to death for murder with aggravating circumstances.
Voters in Alabama who will vote on the amendment at the 2028 primary election.

Terms To Know

Constitutional Amendment: A formal change to the state's main set of rules that requires voter approval.
Capital Punishment: The death penalty, which is a sentence where a person is executed for committing a crime.
Void: Having no legal force or effect; the law would not work anymore.

Limits and Unknowns

This bill only proposes an amendment and does not take effect until voters approve it in a future election.
The text states the vote will happen at the 2028 primary, but no specific date is listed beyond that year.

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

Death penalty, abolished

Current Bill Text

Read the full stored bill text

HB76 INTRODUCED
Page 0
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
Page 1
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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HB76 INTRODUCED
Page 2
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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HB76 INTRODUCED
Page 3
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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