HB49ENGROSSED
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HB49
N2H58T8-2
By Representatives Simpson, Kiel, Yarbrough, Butler, Shirey,
Bedsole, Stadthagen, Rigsby, Lomax, Mooney, Givens, Brinyark
RFD: Judiciary
First Read: 04-Feb-25
PFD: 01-Oct-24
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PFD: 01-Oct-24
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-5-40, 13A-5-49, 13A-6-61, 13A-6-63, and 13A-6-65.1, Code
of Alabama 1975, to revise the criminal penalties for
violations of rape in the first degree and sodomy in the first
degree when the victim is less than six years of age.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-5-40, 13A-5-49, 13A-6-61,
13A-6-63, and 13A-6-65.1, Code of Alabama 1975, are amended to
read as follows:
"§13A-5-40
(a) The following are capital offenses:
(1) Murder by the defendant during a kidnapping in the
first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the
first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the
defendant; or murder by the defendant during sodomy in the
first or second degree or an attempt thereof committed by the
defendant.
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defendant.
(4) Murder by the defendant during a burglary in the
first or second degree or an attempt thereof committed by the
defendant.
(5) Murder of any police officer, sheriff, deputy,
state trooper, federal law enforcement officer, or any other
state or federal peace officer of any kind, or prison or jail
guard, while the officer or guard is on duty, regardless of
whether the defendant knew or should have known the victim was
an officer or guard on duty, or because of some official or
job-related act or performance of the officer or guard.
(6) Murder committed while the defendant is under
sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable
consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the
first or second degree or an attempt thereof committed by the
defendant.
(9) Murder by the defendant during arson in the first
or second degree committed by the defendant; or murder by the
defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by
the defendant by one act or pursuant to one scheme or course
of conduct.
(11) Murder by the defendant when the victim is a state
or federal public official or former public official and the
murder stems from or is caused by or is related to his or her
official position, act, or capacity.
(12) Murder by the defendant during the act of
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(12) Murder by the defendant during the act of
unlawfully assuming control of any aircraft by use of threats
or force with intent to obtain any valuable consideration for
the release of the aircraft or any passenger or
crewmencrewmember thereon, to direct the route or movement of
the aircraft, or otherwise exert control over the aircraft.
(13) Murder by a defendant who has been convicted of
any other murder in the 20 years preceding the crime; provided
that the murder whichthat constitutes the capital crime shall
be murder as defined in subsection (b); and provided further
that the prior murder conviction referred to shall include
murder in any degree as defined at the time and place of the
prior conviction.
(14) Murder when the victim is subpoenaed, or has been
subpoenaed, to testify, or the victim had testified, in any
preliminary hearing, grand jury proceeding, criminal trial or
criminal proceeding of whatever nature, or civil trial or
civil proceeding of whatever nature, in any municipal, state,
or federal court, when the murder stems from, is caused by, or
is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen14
years of age.
(16) Murder committed by or through the use of a deadly
weapon fired or otherwise used from outside a dwelling while
the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly
weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly
weapon fired or otherwise used within or from a vehicle.
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weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a
protective order for the victim, against the defendant,
pursuant to Section 30-5-1 et seq. Chapter 5 of Title 30 , or
the protective order was issued as a condition of the
defendant's pretrial release.
(20) Murder by the defendant in the presence of a child
under the age of 14 years of age at the time of the offense,
if the victim was the parent or legal guardian of the child.
For purposes of this subsection, "in the presence of a child"
means in the physical presence of a child or having knowledge
that a child is present and may see or hear the act.
(21) Murder when the victim is a first responder who is
operating in an official capacity. For the purposes of this
subdivision, "first responder" includes emergency medical
services personnel licensed by the Alabama Department of
Public Health and firefighters and volunteer firefighters as
defined by Section 36-32-1.
(22) Rape in the first degree when the victim is less
than 12 years of age.
(23) Sodomy in the first degree when the victim is less
than 12 years of age.
(b) Except as specifically provided to the contrary in
the last part of subdivision (a)(13), the terms "murder" and
"murder by the defendant" as used in this section to define
capital offenses mean murder as defined in Section
13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and
(3). Subject to the provisions of Section 13A-5-41, murder as
defined in Section 13A-6-2(a)(2) and (3), as well as murder as
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defined in Section 13A-6-2(a)(2) and (3), as well as murder as
defined in Section 13A-6-2(a)(1), may be a lesser included
offense of the capital offenses defined in subsection (a).
(c) A defendant who does not personally commit the act
of killing which constitutes the murder is not guilty of a
capital offense defined in subsection (a) unless that
defendant is legally accountable for the murder because of
complicity in the murder itself under the provisions of
Section 13A-2-23, in addition to being guilty of the other
elements of the capital offense as defined in subsection (a).
(d) To the extent that a crime other than murder is an
element of a capital offense defined in subsection (a), a
defendant's guilt of that other crime may also be established
under Section 13A-2-23. When the defendant's guilt of that
other crime is established under Section 13A-2-23, that crime
shall be deemed to have been "committed by the defendant"
within the meaning of that phrase as it is used in subsection
(a)."
"§13A-5-49
Aggravating circumstances shall be any of the
following:
(1) The capital offense was committed by a person under
sentence of imprisonment.
(2) The defendant was previously convicted of another
capital offense or a felony involving the use or threat of
violence to the person.
(3) The defendant knowingly created a great risk of
death to many persons.
(4) TheFor a violation of Section 13A-5-40(a)(1)
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(4) TheFor a violation of Section 13A-5-40(a)(1)
through (21), the capital offense was committed while the
defendant was engaged or was an accomplice in the commission
of, or an attempt to commit, or flight after committing, or
attempting to commit, rape, robbery, burglary, or kidnapping.
(5) The capital offense was committed for the purpose
of avoiding or preventing a lawful arrest or effecting an
escape from custody.
(6) The capital offense was committed for pecuniary
gain.
(7) The capital offense was committed to disrupt or
hinder the lawful exercise of any governmental function or the
enforcement of laws.
(8) The capital offense was especially heinous,
atrocious, or cruel compared to other capital offenses.
(9) The defendant intentionally caused the death of two
or more persons by one act or pursuant to one scheme or course
of conduct.
(10) The capital offense was one of a series of
intentional killings committed by the defendant.
(11) TheFor a violation of Section 13A-5-40(a)(1)
through (21), the capital offense was committed when the
victim was less than 14 years of age.
(12) The capital offense was committed by the defendant
in the presence of a child under the age of 14 years of age at
the time of the offense, if the victim was the parent or legal
guardian of the child. For the purposes of this subdivision,
"in the presence of a child" means in the physical presence of
a child or having knowledge that a child is present and may
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a child or having knowledge that a child is present and may
see or hear the act.
(13) The victim of the capital offense was any police
officer, sheriff, deputy, state trooper, federal law
enforcement officer, or any other state or federal peace
officer of any kind, or prison or jail guard, while the
officer or guard was on duty, regardless of whether the
defendant knew or should have known the victim was an officer
or guard on duty, or because of some official or job-related
act or performance of the officer or guard.
(14) The victim of the capital offense was a first
responder who was operating in an official capacity. For the
purposes of this subdivision, "first responder" includes
emergency medical services personnel licensed by the Alabama
Department of Public Health, as well as firefighters and
volunteer firefighters as defined by Section 36-32-1."
"§13A-6-61
(a) A person commits the crime of rape in the first
degree if he or she does any of the following:
(1) Engages in sexual intercourse with another person
by forcible compulsion.
(2) Engages in sexual intercourse with another person
who is incapable of consent by reason of being incapacitated.
(3) Being 16 years oldof age or older, engages in
sexual intercourse with another person who is less than 12
years oldof age.
(b) Rape in the first degree is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
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(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5. Any defendant sentenced to life on a capital
offense must serve a minimum of 30 years, day for day, prior
to his or her first consideration of parole ."
"§13A-6-63
(a) A person commits the crime of sodomy in the first
degree if he or she does any of the following:
(1) Engages in sodomy with another person by forcible
compulsion.
(2) Engages in sodomy with another person who is
incapable of consent by reason of being incapacitated.
(3) Being 16 years oldof age or older, engages in
sodomy with a person who is less than 12 years oldof age.
(b) Sodomy in the first degree is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5. Any defendant sentenced to life on a capital
offense must serve a minimum of 30 years, day for day, prior
to his or her first consideration of parole ."
"§13A-6-65.1
(a) A person commits the crime of sexual torture if he
or she does any of the following:
(1) Penetrates the vagina, anus, or mouth of another
person with an inanimate object, by forcible compulsion, with
the intent to sexually torture, sexually abuse, or to gratify
the sexual desire of either party.
(2) Penetrates the vagina, anus, or mouth of a person
who is incapable of consent by reason of being incapacitated,
with an inanimate object, with the intent to sexually torture,
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with an inanimate object, with the intent to sexually torture,
sexually abuse, or to gratify the sexual desire of either
party.
(3) Penetrates the vagina, anus, or mouth of a person
who is less than 12 years oldof age, with an inanimate object,
by a person who is 16 years oldof age or older with the intent
to sexually torture, sexually abuse, or to gratify the sexual
desire of either party.
(4) By inflicting physical injury, including, but not
limited to, burning, crushing, wounding, mutilating, or
assaulting the sex organs or intimate parts of another person,
with the intent to sexually torture, sexually abuse, or to
gratify the sexual desire of either party.
(b) The crime of sexual torture is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5. Any defendant sentenced to life on a capital
offense must serve a minimum of 30 years, day for day, prior
to his or her first consideration of parole ."
Section 2. This act shall become effective on October
1, 2025.
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1, 2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................05-Feb-25
Read for the third time and passed
as amended
Yeas 86
Nays 5
Abstains 9
................11-Feb-25
John Treadwell
Clerk
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