Bill would let Alabama voters decide whether to abolish the death penalty

A lawmaker has prefiled a bill that would create a constitutional amendment to eliminate Alabama’s death penalty and put the question before voters in 2028.

HB76, introduced by Representative Chris England, D-Tuscaloosa, would add language to the state constitution stating that no crime “shall be punishable by death” and would require the legislature to pass laws prohibiting capital punishment. The measure also declares any statute authorizing the death penalty void. 

If approved by lawmakers, the amendment would appear on the ballot during the 2028 statewide primary election.

Because the proposal is structured as a constitutional amendment rather than a statutory change, it would need both legislative approval and voter ratification. That approach takes longer than simply repealing the state’s death penalty statute but would make abolition far more difficult to undo in future legislative sessions. The bill also directs lawmakers to pass implementing laws if voters approve the amendment to prevent any legal gaps created by the ban.

Read more at Alabama Political Reporter

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