Prior to 2017, in capital murder cases, the jury would provide an advisory verdict to the judge regarding the defendant's sentence. The jury's advisory sentence was not binding upon the court; however, the judge was required to give it consideration. This bill would provide that a defendant may be resentenced if a judge sentenced him or her to a sentence other than the jury's advisory sentence. This bill would repeal the existing code section relating to resentencing for certain defendants sentenced for capital murder. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

Statutes affected:
Introduced: 13A-5-46