2967-2:N:01/11/1998:llr/llr LRS97-4369
| SYNOPSIS: | Under existing law, the murder of two or more persons during one course of conduct by a defendant is not a statutory aggravating circumstance which, by itself, would warrant the imposition of the death penalty. |
| This bill would extend the list of statutory aggravating circumstances for purposes of imposing the death penalty to include intentionally killing two or more persons by one act or pursuant to one scheme or course of conduct or where the capital offense was one of a series of intentional killings committed by the defendant. |
To amend Section 13A-5-49 of the Code of Alabama 1975, relating to aggravating circumstances for the imposition of the death penalty; to provide that the intentional killing of two or more persons by one act or pursuant to one scheme or course of conduct is a capital offense; and to provide that a murder committed in a series of intentional killings committed by the defendant is a capital offense.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-5-49 of the Code of Alabama 1975, is amended to read as follows:§13A-5-49.
"Aggravating circumstances shall be the following:
"(1) The capital offense was committed by a person under sentence of imprisonment;
"(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person;
"(3) The defendant knowingly created a great risk of death to many persons;
"(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary or kidnapping;
"(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody;
"(6) The capital offense was committed for pecuniary gain;
"(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws; or
"(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.;
"(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct; or
"(10) The capital offense was one of a series of intentional killings committed by the defendant."
Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.