SB153 By Senator Sanders RFD Judiciary Rd 1 09-FEB-16

SYNOPSIS: Under existing law, the execution of a death sentence is performed by the warden of William C. Holman Prison, or his or her deputy, at Atmore, Alabama.

This bill would place a moratorium on the death penalty for a period of three years until certain procedures are implemented to ensure that death penalty cases are administered fairly and impartially.

A BILL TO BE ENTITLED AN ACT

Relating to the death penalty; providing for a moratorium on the imposition and execution of the death penalty; and providing for the implementation of certain procedures for imposing the death sentence.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) There shall be a moratorium of three years on the imposition or execution, or both, of the death penalty pursuant to Article 2 of Chapter 5 of Title 13A of the Code of Alabama 1975.

(b) During the moratorium provided in subsection (a), the following procedures shall be implemented to ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and to minimize the risk of innocent persons being executed:

(1) The American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.

(2) Due process procedures to preserve and enhance state post conviction relief in death sentence cases.

(3) Procedures to eliminate discrimination in capital sentencing on the basis of race of either the victim or defendant.

(4) Due process procedures to prevent the execution of mentally retarded persons and persons who were under the age of 18 at the time of the offense.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Death Penalty

Capital Offenses

Crimes and Offenses

Criminal Law and Procedure

Prisons and Prisoners