Understanding Amendments 3 and 5

Published 4:00 pm Friday, October 21, 2022

Alabama Amendment 3 – Notice to victim’s family required for commutation or reprieve of death sentences amendment

Senate Bill 196 was passed unanimously by the Alabama Senate in February 2022. The bill was then passed by the Alabama House in April 2022. The amendment would require the governor to provide notice to the attorney general and make reasonable efforts to notify a designated family member of a victim before commuting or reprieving a death sentence.

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The amendment also states that a failure to provide notice would void the reprieve or commutation of the death sentence, thus allowing the attorney general and Alabama Supreme Court to seek a new execution order.

Alabama Amendment 5 – Remove orphans’ business from Probate Court jurisdiction amendment

Senate Bill 68 was passed unanimously by the Alabama Senate in February 2021 and by the Alabama House in April 2021. The amendment would remove the business of orphans from the jurisdiction of county probate courts. Probate courts would still be responsible for adoptions, guardianships, and granting letters of testamentary.