HB262 Alabama 2013 Session

Under existing law, a defendant who is indicted for a capital offense may plead guilty, but the state must in any event prove to a jury the defendant's guilt of the capital offense beyond a reasonable doubt

Under existing law, a guilty plea to a capital offense has the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency of the evidence

This bill would limit the state's existing requirement of proving a defendant's guilt, notwithstanding the defendant's guilty plea, to cases in which the death penalty is to be imposed

This bill would provide that a guilty plea to a capital offense has the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction only in cases where either the death penalty or life without the possibility of parole is to be imposed

To amend Section 13A-5-42, Code of Alabama 1975, relating to capital offenses; to limit the state's existing requirement of proving a defendant's guilt, notwithstanding the defendant's guilty plea, to cases in which the death penalty is to be imposed; and to provide that a guilty plea to a capital offense has the effect of waiving all non-jurisdictional defects in the proceeding resulting in the conviction only in cases where either the death penalty or life without the possibility of parole is to be imposed.