HB 41 Alabama House · 2026 Regular Session

Crimes and offenses; rape in the first degree, sodomy in the first degree, and sexual torture, penalties further provided for

HB 41 would reclassify rape in the first degree, sodomy in the first degree, and sexual torture as capital offenses when the victim is under 12 years old. It would also require individuals convicted of these crimes and sentenced to life imprisonment to serve a minimum of 30 years before becoming eligible for parole. The bill amends Alabama’s criminal code to add these offenses to the existing list of capital crimes, which currently includes murder under specific circumstances. This legislation directly affects individuals convicted of sexual violence against children under 12 and would increase penalties for such crimes.

Issues: ✗ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Aug 2025

Committee Review

Feb 2026

House Passage

Jan 2026

Senate Passage

Feb 2026

Signed into Law

Feb 2026

Introduced Aug 28, 2025 Signed Feb 12, 2026

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What changed between versions

Introduced → Enrolled · 4 edits · Feb 12, 2026

MODERATE

The bill evolved from a proposal to make specific sex crimes capital offenses for victims under 12 into a comprehensive 'Child Predator Death Penalty Act' that expands capital murder eligibility to include victims under 14, adds new categories like witness intimidation and domestic violence, and clarifies protections for first responders.

Scope change

The scope of capital offenses was significantly expanded from a narrow focus on sex crimes against young children to a broad list including murder of public officials, first responders, and victims under 14, alongside the original sex crime provisions.

SCOPE

Added 'Rape in the first degree', 'Sodomy in the first degree', and 'Sexual torture' as capital offenses when the victim is less than 12 years old.

Added new capital offense categories for murdering first responders, public officials, witnesses, and victims in specific vehicle or dwelling scenarios.

ELIGIBILITY

Expanded the age threshold for capital murder charges from under 12 to under 14 years of age.

DEFINITION

Defined 'first responder' to include licensed emergency medical services personnel and firefighters.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 5, 2026

Upper · Passed

Motion to Read a Third Time and Pass - Adopted Roll Call 246

upper

Feb 3, 2026

Upper · Passed

Reported Out of Committee Second House

upper

Jan 27, 2026

Upper · Passed

Pending Committee Action in Second House (Judiciary)

upper

Jan 27, 2026

Lower · Passed

Motion to Add Cosponsor - Adopted Roll Call 166

lower

Jan 27, 2026

Lower · Passed

Motion to Read a Third Time and Pass - Adopted Roll Call 165

lower

Jan 27, 2026

Lower · Passed

Simpson motion to Table - Adopted Roll Call 164

lower

Jan 27, 2026

Introduced

Tillman 1st Amendment Offered

lower

Jan 14, 2026

Lower · Passed

Reported Out of Committee House of Origin

lower

Jan 13, 2026

Lower · Passed

Pending Committee Action in House of Origin (Judiciary)

lower

1 primary · 0 co-sponsors