Bill retroactively bans overriding juries for death sentence

The Alabama House Judiciary Committee on Wednesday will consider a bill that would require courts to resentence people sentenced to death by judges over a jury’s recommendation of life in prison.

The Legislature passed a bill in 2017 to ban judicial override, giving juries the final say on whether to impose the death penalty. Alabama had been the only state that allowed a judge to override a jury’s recommendation when sentencing capital murder cases.

But that ban on judicial override applied only to people charged after April 11, 2017. So it did not affect the sentences of those already on death row because a judge overrode a jury’s recommendation.

HB27, by Rep. Chris England, D-Tuscaloosa, would apply the 2017 ban on judicial override retroactively, so that those on death row because of an override would have to be resentenced to life without parole.

Life without parole and death are the only two sentences for capital crimes in Alabama.

About 33 people on death row would be resentenced under England’s bill, according to the ACLU of Alabama, which supports HB27.

Former Alabama Govs. Don Siegelman and Robert Bentley have taken a public stance in support of England’s bill. Siegelman and Bentley took the same position last year in an op-ed article in The Washington Post, when they also spoke out against death sentences imposed by less than a unanimous decision by a jury. Alabama law allows juries to impose the death sentence by a vote of 10 of 12 jurors.

England sponsored the bill on judicial override last year, but it did not pass. In March, England spoke at a rally held by death penalty opponents and family members and advocates of people on death row.

“Justice demands us to afford those individuals who are still on death row, who are there for a judicial override, the opportunity to be resentenced,” England told the crowd at the rally. “It only makes sense, and that’s in its purest sense what justice means.”

This story will be updated.