Alabama 2025 Regular Session

Alabama House Bill HB49 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	1	+	HB49INTRODUCED
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3	3		HB49
4		-	~~N2H58T8-2~~
	4	+	ZUG2KRR-1
5	5		By Representatives Simpson, Kiel, Yarbrough, Butler, Shirey,
6	6		Bedsole, Stadthagen, Rigsby, Lomax, Mooney, Givens, Brinyark
7	7		RFD: Judiciary
8	8		First Read: 04-Feb-25
9	9		PFD: 01-Oct-24
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16		-	7 ~~HB49 Engrossed~~
	16	+	7 ZUG2KRR-1 09/16/2024 CNB (L)bm 2024-1889
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18	18		PFD: 01-Oct-24
	19	+	SYNOPSIS:
	20	+	Under existing law, rape in the first degree and
	21	+	sodomy in the first degree are Class A felonies.
	22	+	This bill would require that a person 18 years
	23	+	of age or older convicted of rape in the first degree
	24	+	or sodomy in the first degree when the victim is less
	25	+	than six years of age shall be punished to either death
	26	+	or life imprisonment without the possibility of parole
	27	+	and if the offending person is less than 18 years of
	28	+	age sentenced to life imprisonment without parole or
	29	+	life.
19	30		A BILL
20	31		TO BE ENTITLED
21	32		AN ACT
22	33		Relating to crimes and offenses; to amend Sections
23	34		13A-5-40, 13A-5-49, 13A-6-61, 13A-6-63, and 13A-6-65.1, Code
24	35		of Alabama 1975, to revise the criminal penalties for
25	36		violations of rape in the first degree and sodomy in the first
26	37		degree when the victim is less than six years of age.
27	38		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28	39		Section 1. Sections 13A-5-40, 13A-5-49, 13A-6-61,
29	40		13A-6-63, and 13A-6-65.1, Code of Alabama 1975, are amended to
30		-	read as follows:
31		-	"§13A-5-40
32		-	(a) The following are capital offenses:
33		-	(1) Murder by the defendant during a kidnapping in the
34		-	first degree or an attempt thereof committed by the defendant.
35		-	(2) Murder by the defendant during a robbery in the
36		-	first degree or an attempt thereof committed by the defendant.
37		-	(3) Murder by the defendant during a rape in the first
38		-	or second degree or an attempt thereof committed by the
39		-	defendant; or murder by the defendant during sodomy in the
40		-	first or second degree or an attempt thereof committed by the
41		-	defendant.
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	70	+	13A-6-63, and 13A-6-65.1, Code of Alabama 1975, are amended to
	71	+	read as follows:
	72	+	"§13A-5-40
	73	+	(a) The following are capital offenses:
	74	+	(1) Murder by the defendant during a kidnapping in the
	75	+	first degree or an attempt thereof committed by the defendant.
	76	+	(2) Murder by the defendant during a robbery in the
	77	+	first degree or an attempt thereof committed by the defendant.
	78	+	(3) Murder by the defendant during a rape in the first
	79	+	or second degree or an attempt thereof committed by the
	80	+	defendant; or murder by the defendant during sodomy in the
	81	+	first or second degree or an attempt thereof committed by the
71	82		defendant.
72	83		(4) Murder by the defendant during a burglary in the
73	84		first or second degree or an attempt thereof committed by the
74	85		defendant.
75	86		(5) Murder of any police officer, sheriff, deputy,
76	87		state trooper, federal law enforcement officer, or any other
77	88		state or federal peace officer of any kind, or prison or jail
78	89		guard, while the officer or guard is on duty, regardless of
79	90		whether the defendant knew or should have known the victim was
80	91		an officer or guard on duty, or because of some official or
81	92		job-related act or performance of the officer or guard.
82	93		(6) Murder committed while the defendant is under
83	94		sentence of life imprisonment.
84	95		(7) Murder done for a pecuniary or other valuable
85	96		consideration or pursuant to a contract or for hire.
86	97		(8) Murder by the defendant during sexual abuse in the
87	98		first or second degree or an attempt thereof committed by the
88		-	defendant.
89		-	(9) Murder by the defendant during arson in the first
90		-	or second degree committed by the defendant; or murder by the
91		-	defendant by means of explosives or explosion.
92		-	(10) Murder wherein two or more persons are murdered by
93		-	the defendant by one act or pursuant to one scheme or course
94		-	of conduct.
95		-	(11) Murder by the defendant when the victim is a state
96		-	or federal public official or former public official and the
97		-	murder stems from or is caused by or is related to his or her
98		-	official position, act, or capacity.
99		-	(12) Murder by the defendant during the act of
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	128	+	first or second degree or an attempt thereof committed by the
	129	+	defendant.
	130	+	(9) Murder by the defendant during arson in the first
	131	+	or second degree committed by the defendant; or murder by the
	132	+	defendant by means of explosives or explosion.
	133	+	(10) Murder wherein two or more persons are murdered by
	134	+	the defendant by one act or pursuant to one scheme or course
	135	+	of conduct.
	136	+	(11) Murder by the defendant when the victim is a state
	137	+	or federal public official or former public official and the
	138	+	murder stems from or is caused by or is related to his or her
	139	+	official position, act, or capacity.
129	140		(12) Murder by the defendant during the act of
130	141		unlawfully assuming control of any aircraft by use of threats
131	142		or force with intent to obtain any valuable consideration for
132	143		the release of the aircraft or any passenger or
133	144		crewmencrewmember thereon, to direct the route or movement of
134	145		the aircraft, or otherwise exert control over the aircraft.
135	146		(13) Murder by a defendant who has been convicted of
136	147		any other murder in the 20 years preceding the crime; provided
137	148		that the murder whichthat constitutes the capital crime shall
138	149		be murder as defined in subsection (b); and provided further
139	150		that the prior murder conviction referred to shall include
140	151		murder in any degree as defined at the time and place of the
141	152		prior conviction.
142	153		(14) Murder when the victim is subpoenaed, or has been
143	154		subpoenaed, to testify, or the victim had testified, in any
144	155		preliminary hearing, grand jury proceeding, criminal trial or
145	156		criminal proceeding of whatever nature, or civil trial or
146		-	civil proceeding of whatever nature, in any municipal, state,
147		-	or federal court, when the murder stems from, is caused by, or
148		-	is related to the capacity or role of the victim as a witness.
149		-	(15) Murder when the victim is less than fourteen14
150		-	years of age.
151		-	(16) Murder committed by or through the use of a deadly
152		-	weapon fired or otherwise used from outside a dwelling while
153		-	the victim is in a dwelling.
154		-	(17) Murder committed by or through the use of a deadly
155		-	weapon while the victim is in a vehicle.
156		-	(18) Murder committed by or through the use of a deadly
157		-	weapon fired or otherwise used within or from a vehicle.
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	186	+	criminal proceeding of whatever nature, or civil trial or
	187	+	civil proceeding of whatever nature, in any municipal, state,
	188	+	or federal court, when the murder stems from, is caused by, or
	189	+	is related to the capacity or role of the victim as a witness.
	190	+	(15) Murder when the victim is less than fourteen14
	191	+	years of age.
	192	+	(16) Murder committed by or through the use of a deadly
	193	+	weapon fired or otherwise used from outside a dwelling while
	194	+	the victim is in a dwelling.
	195	+	(17) Murder committed by or through the use of a deadly
	196	+	weapon while the victim is in a vehicle.
	197	+	(18) Murder committed by or through the use of a deadly
187	198		weapon fired or otherwise used within or from a vehicle.
188	199		(19) Murder by the defendant where a court had issued a
189	200		protective order for the victim, against the defendant,
190	201		pursuant to Section 30-5-1 et seq. Chapter 5 of Title 30 , or
191	202		the protective order was issued as a condition of the
192	203		defendant's pretrial release.
193	204		(20) Murder by the defendant in the presence of a child
194	205		under the age of 14 years of age at the time of the offense,
195	206		if the victim was the parent or legal guardian of the child.
196	207		For purposes of this subsection, "in the presence of a child"
197	208		means in the physical presence of a child or having knowledge
198	209		that a child is present and may see or hear the act.
199	210		(21) Murder when the victim is a first responder who is
200	211		operating in an official capacity. For the purposes of this
201	212		subdivision, "first responder" includes emergency medical
202	213		services personnel licensed by the Alabama Department of
203	214		Public Health and firefighters and volunteer firefighters as
204		-	defined by Section 36-32-1.
205		-	(22) Rape in the first degree when the victim is less
206		-	than 12 years of age.
207		-	(23) Sodomy in the first degree when the victim is less
208		-	than 12 years of age.
209		-	(b) Except as specifically provided to the contrary in
210		-	the last part of subdivision (a)(13), the terms "murder" and
211		-	"murder by the defendant" as used in this section to define
212		-	capital offenses mean murder as defined in Section
213		-	13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and
214		-	(3). Subject to the provisions of Section 13A-5-41, murder as
215		-	defined in Section 13A-6-2(a)(2) and (3), as well as murder as
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	242	+	112 HB49 INTRODUCED
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	244	+	Public Health and firefighters and volunteer firefighters as
	245	+	defined by Section 36-32-1.
	246	+	(22) Rape in the first degree when the victim is less
	247	+	than six years of age.
	248	+	(23) Sodomy in the first degree when the victim is less
	249	+	than six years of age.
	250	+	(b) Except as specifically provided to the contrary in
	251	+	the last part of subdivision (a)(13), the terms "murder" and
	252	+	"murder by the defendant" as used in this section to define
	253	+	capital offenses mean murder as defined in Section
	254	+	13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and
	255	+	(3). Subject to the provisions of Section 13A-5-41, murder as
245	256		defined in Section 13A-6-2(a)(2) and (3), as well as murder as
246	257		defined in Section 13A-6-2(a)(1), may be a lesser included
247	258		offense of the capital offenses defined in subsection (a).
248	259		(c) A defendant who does not personally commit the act
249	260		of killing which constitutes the murder is not guilty of a
250	261		capital offense defined in subsection (a) unless that
251	262		defendant is legally accountable for the murder because of
252	263		complicity in the murder itself under the provisions of
253	264		Section 13A-2-23, in addition to being guilty of the other
254	265		elements of the capital offense as defined in subsection (a).
255	266		(d) To the extent that a crime other than murder is an
256	267		element of a capital offense defined in subsection (a), a
257	268		defendant's guilt of that other crime may also be established
258	269		under Section 13A-2-23. When the defendant's guilt of that
259	270		other crime is established under Section 13A-2-23, that crime
260	271		shall be deemed to have been "committed by the defendant"
261	272		within the meaning of that phrase as it is used in subsection
262		-	(a)."
263		-	"§13A-5-49
264		-	Aggravating circumstances shall be any of the
265		-	following:
266		-	(1) The capital offense was committed by a person under
267		-	sentence of imprisonment.
268		-	(2) The defendant was previously convicted of another
269		-	capital offense or a felony involving the use or threat of
270		-	violence to the person.
271		-	(3) The defendant knowingly created a great risk of
272		-	death to many persons.
273		-	(4) TheFor a violation of Section 13A-5-40(a)(1)
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	302	+	within the meaning of that phrase as it is used in subsection
	303	+	(a)."
	304	+	"§13A-5-49
	305	+	Aggravating circumstances shall be any of the
	306	+	following:
	307	+	(1) The capital offense was committed by a person under
	308	+	sentence of imprisonment.
	309	+	(2) The defendant was previously convicted of another
	310	+	capital offense or a felony involving the use or threat of
	311	+	violence to the person.
	312	+	(3) The defendant knowingly created a great risk of
	313	+	death to many persons.
303	314		(4) TheFor a violation of Section 13A-5-40(a)(1)
304	315		through (21), the capital offense was committed while the
305	316		defendant was engaged or was an accomplice in the commission
306	317		of, or an attempt to commit, or flight after committing, or
307	318		attempting to commit, rape, robbery, burglary, or kidnapping.
308	319		(5) The capital offense was committed for the purpose
309	320		of avoiding or preventing a lawful arrest or effecting an
310	321		escape from custody.
311	322		(6) The capital offense was committed for pecuniary
312	323		gain.
313	324		(7) The capital offense was committed to disrupt or
314	325		hinder the lawful exercise of any governmental function or the
315	326		enforcement of laws.
316	327		(8) The capital offense was especially heinous,
317	328		atrocious, or cruel compared to other capital offenses.
318	329		(9) The defendant intentionally caused the death of two
319	330		or more persons by one act or pursuant to one scheme or course
320		-	of conduct.
321		-	(10) The capital offense was one of a series of
322		-	intentional killings committed by the defendant.
323		-	(11) TheFor a violation of Section 13A-5-40(a)(1)
324		-	through (21), the capital offense was committed when the
325		-	victim was less than 14 years of age.
326		-	(12) The capital offense was committed by the defendant
327		-	in the presence of a child under the age of 14 years of age at
328		-	the time of the offense, if the victim was the parent or legal
329		-	guardian of the child. For the purposes of this subdivision,
330		-	"in the presence of a child" means in the physical presence of
331		-	a child or having knowledge that a child is present and may
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	360	+	or more persons by one act or pursuant to one scheme or course
	361	+	of conduct.
	362	+	(10) The capital offense was one of a series of
	363	+	intentional killings committed by the defendant.
	364	+	(11) TheFor a violation of Section 13A-5-40(a)(1)
	365	+	through (21), the capital offense was committed when the
	366	+	victim was less than 14 years of age.
	367	+	(12) The capital offense was committed by the defendant
	368	+	in the presence of a child under the age of 14 years of age at
	369	+	the time of the offense, if the victim was the parent or legal
	370	+	guardian of the child. For the purposes of this subdivision,
	371	+	"in the presence of a child" means in the physical presence of
361	372		a child or having knowledge that a child is present and may
362	373		see or hear the act.
363	374		(13) The victim of the capital offense was any police
364	375		officer, sheriff, deputy, state trooper, federal law
365	376		enforcement officer, or any other state or federal peace
366	377		officer of any kind, or prison or jail guard, while the
367	378		officer or guard was on duty, regardless of whether the
368	379		defendant knew or should have known the victim was an officer
369	380		or guard on duty, or because of some official or job-related
370	381		act or performance of the officer or guard.
371	382		(14) The victim of the capital offense was a first
372	383		responder who was operating in an official capacity. For the
373	384		purposes of this subdivision, "first responder" includes
374	385		emergency medical services personnel licensed by the Alabama
375	386		Department of Public Health, as well as firefighters and
376	387		volunteer firefighters as defined by Section 36-32-1."
377	388		"§13A-6-61
378		-	(a) A person commits the crime of rape in the first
379		-	degree if he or she does any of the following:
380		-	(1) Engages in sexual intercourse with another person
381		-	by forcible compulsion.
382		-	(2) Engages in sexual intercourse with another person
383		-	who is incapable of consent by reason of being incapacitated.
384		-	(3) Being 16 years oldof age or older, engages in
385		-	sexual intercourse with another person who is less than 12
386		-	years oldof age.
387		-	(b) Rape in the first degree is a Class A felony ;
388		-	provided, that the punishment for a violation of subdivision
389		-	(a)(3) shall be as determined and fixed as provided in Article
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	418	+	"§13A-6-61
	419	+	(a) A person commits the crime of rape in the first
	420	+	degree if he or she does any of the following:
	421	+	(1) Engages in sexual intercourse with another person
	422	+	by forcible compulsion.
	423	+	(2) Engages in sexual intercourse with another person
	424	+	who is incapable of consent by reason of being incapacitated.
	425	+	(3) Being 16 years oldof age or older, engages in
	426	+	sexual intercourse with another person who is less than 12
	427	+	years oldof age.
	428	+	(b) Rape in the first degree is a Class A felony ;
	429	+	provided, that the punishment for a violation of subdivision
419	430		(a)(3) shall be as determined and fixed as provided in Article
420	431		2 of Chapter 5. Any defendant sentenced to life on a capital
421	432		offense must serve a minimum of 30 years, day for day, prior
422	433		to his or her first consideration of parole ."
423	434		"§13A-6-63
424	435		(a) A person commits the crime of sodomy in the first
425	436		degree if he or she does any of the following:
426	437		(1) Engages in sodomy with another person by forcible
427	438		compulsion.
428	439		(2) Engages in sodomy with another person who is
429	440		incapable of consent by reason of being incapacitated.
430	441		(3) Being 16 years oldof age or older, engages in
431	442		sodomy with a person who is less than 12 years oldof age.
432	443		(b) Sodomy in the first degree is a Class A felony ;
433	444		provided, that the punishment for a violation of subdivision
434	445		(a)(3) shall be as determined and fixed as provided in Article
435	446		2 of Chapter 5. Any defendant sentenced to life on a capital
436		-	offense must serve a minimum of 30 years, day for day, prior
437		-	to his or her first consideration of parole ."
438		-	"§13A-6-65.1
439		-	(a) A person commits the crime of sexual torture if he
440		-	or she does any of the following:
441		-	(1) Penetrates the vagina, anus, or mouth of another
442		-	person with an inanimate object, by forcible compulsion, with
443		-	the intent to sexually torture, sexually abuse, or to gratify
444		-	the sexual desire of either party.
445		-	(2) Penetrates the vagina, anus, or mouth of a person
446		-	who is incapable of consent by reason of being incapacitated,
447		-	with an inanimate object, with the intent to sexually torture,
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471	470		220
472	471		221
473	472		222
474	473		223
475		-	224 HB49 ~~Engrossed~~
	474	+	224 HB49 INTRODUCED
476	475		Page 9
	476	+	2 of Chapter 5. Any defendant sentenced to life on a capital
	477	+	offense must serve a minimum of 30 years, day for day, prior
	478	+	to his or her first consideration of parole ."
	479	+	"§13A-6-65.1
	480	+	(a) A person commits the crime of sexual torture if he
	481	+	or she does any of the following:
	482	+	(1) Penetrates the vagina, anus, or mouth of another
	483	+	person with an inanimate object, by forcible compulsion, with
	484	+	the intent to sexually torture, sexually abuse, or to gratify
	485	+	the sexual desire of either party.
	486	+	(2) Penetrates the vagina, anus, or mouth of a person
	487	+	who is incapable of consent by reason of being incapacitated,
477	488		with an inanimate object, with the intent to sexually torture,
478	489		sexually abuse, or to gratify the sexual desire of either
479	490		party.
480	491		(3) Penetrates the vagina, anus, or mouth of a person
481	492		who is less than 12 years oldof age, with an inanimate object,
482	493		by a person who is 16 years oldof age or older with the intent
483	494		to sexually torture, sexually abuse, or to gratify the sexual
484	495		desire of either party.
485	496		(4) By inflicting physical injury, including, but not
486	497		limited to, burning, crushing, wounding, mutilating, or
487	498		assaulting the sex organs or intimate parts of another person,
488	499		with the intent to sexually torture, sexually abuse, or to
489	500		gratify the sexual desire of either party.
490	501		(b) The crime of sexual torture is a Class A felony ;
491	502		provided, that the punishment for a violation of subdivision
492	503		(a)(3) shall be as determined and fixed as provided in Article
493	504		2 of Chapter 5. Any defendant sentenced to life on a capital
494		-	offense must serve a minimum of 30 years, day for day, prior
495		-	to his or her first consideration of parole ."
496		-	Section 2. This act shall become effective on October
497		-	1, 2025.
498	505		225
499	506		226
500	507		227
501	508		228
502	509		229
503	510		230
504	511		231
505	512		232
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510	517		237
511	518		238
512	519		239
513	520		240
514	521		241
515	522		242
516	523		243
517		-	244 HB49 Engrossed
518		-	Page 10
519		-	1, 2025.
520		-	House of Representatives
521		-	Read for the first time and referred
522		-	to the House of Representatives
523		-	committee on Judiciary
524		-	................04-Feb-25
525		-	Read for the second time and placed
526		-	on the calendar:
527		-	1 amendment
528		-	................05-Feb-25
529		-	Read for the third time and passed
530		-	as amended
531		-	Yeas 86
532		-	Nays 5
533		-	Abstains 9
534		-	................11-Feb-25
535		-	John Treadwell
536		-	Clerk
	524	+	244
537	525		245
538	526		246
539	527		247
540	528		248
541	529		249
542	530		250
543	531		251
544		-	252
	532	+	252 HB49 INTRODUCED
	533	+	Page 10
	534	+	2 of Chapter 5. Any defendant sentenced to life on a capital
	535	+	offense must serve a minimum of 30 years, day for day, prior
	536	+	to his or her first consideration of parole ."
	537	+	Section 2. This act shall become effective on October
	538	+	1, 2025.
545	539		253
546	540		254
547	541		255
548	542		256
549		-	257
550		-	258
551		-	259
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557		-	265