Under current law, the Governor of Alabama may grant a reprieve or clemency to a prisoner who has been sentenced to death. It is common to see convicted murderers ask the Governor to commute their sentence of death to life in prison. This seldom happens, but it has happened in the past.
Amendment three, which is on the ballot for the general election on November 8, would not take away the Governor’s power to grant mercy to a convicted murderer. However, if voters approve, it would require that the Governor also notify the victim’s family before granting any such clemency.
Both Houses of the Alabama State Legislature approved this amendment during the 2022 Alabama Regular Legislative Session.
Senate Bill 196 was sponsored by State Senator Steve Livingston and cosponsored by State Sen. Sam Givhan.
Amendment three proposes, “An amendment to the Constitution of Alabama of 1901, to require the Governor to provide notice to the Attorney General and to the victim’s family prior to granting a reprieve or commutation to a person sentenced to death, and to void the reprieve or commutation if the Governor fails to provide notice.”
Currently, the Governor has the power to postpone or reduce a death sentence to life in prison. This amendment will require the Governor to notify the Attorney General and the victim’s family before postponing or reducing a death sentence. Failure of the Governor to provide notice will void the Governor’s action and allow the Attorney General to seek a new execution date from the Alabama Supreme Court.
If the majority of the voters vote “yes” on Amendment 3, the Governor will be required to provide notice to the Attorney General and to the victim’s family prior to postponing or reducing a death sentence to life in prison. If the majority of the voters vote “no” on Amendment 3, the Governor will not be required to provide notice.
Because then Governor Fob James was hesitant to execute a woman, in 1999, he commuted the death sentence of convicted murderer Judith Ann Neeley before he left office. The family of 13-year-old Lisa Millican, who was brutally raped and murdered by Mrs. Neeley and her husband, were outraged by Gov. James’ actions. This amendment is the Legislature’s response to that decision over twenty years ago.
The Alabama 1901 Constitution is the longest constitution in the country.
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