Rep. Phillip Pettus, R-Killen, discusses a bill to cap property tax increases on the floor of the Alabama House of Representatives on April 9, 2024 at the Alabama Statehouse in Montgomery, Alabama. He sponsored a bill that requires minors who commit murder or capital murder to be tried as adults. (Brian Lyman/Alabama Reflector)
An Alabama House committee Wednesday approved legislation that requires the court to prosecute people age 16 and older as adults when they are charged with murder.
The House Public Safety and Homeland Security Committee approved HB 146 — sponsored by Rep. Phillip Pettus, R-Killen — which would prohibit a judge from granting youthful offender status to minors who are at least 16-years-old at the time of the offense if they are charged with murder. The current statute states that individuals who are younger than 19 may be tried as youthful offenders.
“If they are charged with murder, under this bill they would not be eligible to be a youthful offender,” Pettus told members of the committee during the meeting. “This only has to do if they are charged. They have to be charged with murder for this to kick in.”
Pettus said his legislation leaves the court process largely untouched. Defendants would still proceed through a trial if they choose.
Democrats on the committee were united against the legislation and voted against it.
Some raised concerns with separation of powers, because typically, the judge has the discretion to determine eligibility for youthful offender status.
“Now we are making it where we are taking it all out of the judge’s hand about making the decision,” said Rep. Tashina Morris, D-Montgomery.
Rep. Thomas Jackson, D-Thomasville had the same concerns.
“You are really talking about the judicial branch, what they can and cannot do,” he said. “You are legislating this.”
The legislation shifts the decision away from the judge to prosecutors who determine charges.
Some lawmakers asked how the bill would affect those who became entangled in the actions of another person.
“One person murdered someone, but there were four people in the car,” said Rep. Jeremy Gray, D-Opelika. “Usually when that happens, they all get charged with murder, right? I have seen it plenty of times.”