07 February 2026 :
February 5, 2026 - Alabama. HB 41 expanding death penalty to child sex crimes passes Legislature
The Alabama Senate on February 5 gave final passage to a bill that would allow prosecutors to seek the death penalty for people convicted of certain child sex crimes.
House Bill 41, named the Child Predator Death Penalty Act, would expand capital punishment to include child rape, sodomy and sexual torture of a child younger than 12.
Sen. April Weaver (R-Brierfield) was the sponsor of the senate chamber’s version of the bill.
The bill received pushback from some lawmakers, who cited concerns over whether it would withstand constitutional scrutiny under a 2008 Supreme Court decision that prohibited capital punishment for any crime other than homicide based on Eighth Amendment protections against “cruel and unusual punishment.”
HB41 now goes to Gov. Kay Ivey’s desk, who said she looks forward to signing it into law.
“We have to do everything we can to protect Alabama’s children. I applaud Sen. April Weaver and Rep. Matt Simpson for carrying this bill,” she said in a statement on X.
Gov. Ivey also said in her State of the State Address last month that she wanted to see the bill be a priority of lawmakers.
Alabama Attorney General Steve Marshall also expressed support for the bill’s passage in both chambers.
The law would take effect on Oct. 1, applying only to people convicted of child rape after that date.
Florida, Tennessee, Idaho, Oklahoma, and Mississippi are among the states that have enacted similar laws.
