MONTGOMERY — The Alabama House of Representatives passed a bill on Monday that would put an end to Alabama's system of judicial override, which allows judges to override juries and impose the death penalty against the jury's recommendation.
The bill passed the House by a vote of 78-19-2 Tuesday, and the Senate passed it last month by a 30-1 vote. It will now head to the governor, who said Tuesday that he plans to sign it after it undergoes the proper legal review in his office.
"I support the passage of HB32, and I want to commend Representative Chris England and Senator Dick Brewbaker for their commitment and work on this bill," Bentley said.
Alabama's current death-penalty sentencing system requires that a jury makes a recommendation for life in prison or death. If a jury then votes for life in prison, a judge can agree or override their recommendation and issue the death penalty.
Last year, Alabama became the last state in the Union with a judicial override death penalty system. Florida and Delaware's supreme courts struck down their judicial override systems after the U.S. Supreme Court ruled against Florida's system in Hurst v. Florida.
The bill's sponsor in the House, Rep. Chris England, D-Tuscaloosa, said judicial override "undermines" the jury system, which requires a jury of one's peers to make final decisions on conviction.
More than 92 percent of 107 overrides since 1976 have resulted in a judge imposing the death penalty when a trial jury voted to recommend life in prison, according to Montgomery’s Equal Justice Initiative.
The Senate version of the bill, which was passed by the House today, was sponsored by Sen. Dick Brewbaker, R-Montgomery.
The bill will now be delivered to the Governor's Office for his signature. If he vetoes, it will be sent back to the Legislature where a two-thirds vote could pass the law without his approval.
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