It is the intent of the Legislature that if the death penalty provisions of this article are declared unconstitutional and if the offensive provision or provisions cannot be reinterpreted so as to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that the defendants who have been sentenced to death under this article shall be re-sentenced to life imprisonment without parole. It is also the intent of the Legislature that in the event that the death penalty provisions of this article are declared unconstitutional and if they cannot be reinterpreted to provide a constitutional death penalty, or if the death penalty is ever declared to be unconstitutional per se, that defendants convicted thereafter for committing crimes specified in Section 13A-5-40(a) shall be sentenced to life imprisonment without parole.
Structure Code of Alabama
Chapter 5 - Punishments and Sentences.
Article 2 - Death Penalty and Life Imprisonment Without Parole.
Section 13A-5-39 - Definitions.
Section 13A-5-40 - Capital Offenses.
Section 13A-5-41 - Lesser Included Offenses.
Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.
Section 13A-5-43.1 - Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.
Section 13A-5-43.2 - Applicability of Certain Provisions to Persons Under 18 Years of Age.
Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined.
Section 13A-5-49 - Aggravating Circumstances.
Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination.
Section 13A-5-51 - Mitigating Circumstances - Generally.
Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc.
Section 13A-5-53.1 - Appeals of Capital Punishment.
Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants.
Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review.
Section 13A-5-57 - Application of Article to Conduct After Effective Date.
Section 13A-5-58 - Interpretation of Article.
Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality.