Alabama Senate Committee Advances Bill Allowing Death Penalty for Child Sexual Assault

The bill challenges a 2008 Supreme Court ruling that prohibited capital punishment for child rape.

Feb. 4, 2026 at 8:15am

Got story updates? Submit your updates here. ›

An Alabama Senate committee has approved a bill that would allow prosecutors to seek the death penalty for those convicted of sexual assault of a child under the age of 12. The bill, sponsored by Rep. Matt Simpson, R-Daphne, passed the Senate Judiciary Committee in a 12-1 vote, with the sole dissenting vote coming from Sen. Vivian Davis Figures, D-Mobile, who opposes the death penalty. The bill is part of a broader national effort to overturn the 2008 U.S. Supreme Court ruling in Kennedy v. Louisiana, which prohibited capital punishment for child rape.

Why it matters

The bill's passage in the Senate committee represents a significant step forward in Alabama's efforts to challenge the Supreme Court's 2008 ruling that prohibited the death penalty for child rape cases. Supporters of the bill argue that it is necessary to address the "worst of the worst" child sexual assault cases, while opponents raise concerns about the potential for discouraging reporting, increasing the risk of victims being murdered, and exposing victims to additional trauma.

The details

HB 41, sponsored by Rep. Matt Simpson, R-Daphne, passed the Senate Judiciary Committee in an uncommon Tuesday afternoon meeting. Sen. April Weaver, R-Hoover, who sponsors the Senate version of the bill, carried the bill in Simpson's absence due to a medical emergency. Weaver cited a Bibb County child sex trafficking ring incident from last year as her reasoning for pushing the bill again this year. The bill passed the House on Jan. 27 on a vote of 73-6 and is now headed to the full Senate.

  • The Senate Judiciary Committee approved the bill on February 4, 2026.
  • The bill passed the Alabama House on January 27, 2026.

The players

Matt Simpson

A Republican state representative from Daphne, Alabama who sponsored the bill.

April Weaver

A Republican state senator from Hoover, Alabama who sponsors the Senate version of the bill and carried it in Simpson's absence.

Vivian Davis Figures

A Democratic state senator from Mobile, Alabama who was the sole vote against the bill because she opposes the death penalty.

Got photos? Submit your photos here. ›

What they’re saying

“It's up to the prosecutor who'll be working with the victim and the family to see what is best for the case going forward. This is for the situations that are absolutely the worst of the worst, and we believe that they should have the worst of the worst punishment.”

— April Weaver, State Senator

“I happen to think that the worst penalty is to let them sit there in that jail and rot and live with what they have done and not see freedom anymore.”

— Vivian Davis Figures, State Senator

What’s next

The bill is now headed to the full Alabama Senate, where Senate Majority Leader Steve Livingston, R-Scottsboro, said it could be on the Senate floor as early as next week.

The takeaway

The Alabama Senate committee's approval of this bill represents a significant step in the state's efforts to challenge the Supreme Court's 2008 ruling that prohibited the death penalty for child rape cases. While supporters argue it is necessary to address the "worst of the worst" crimes, opponents raise concerns about potential unintended consequences, such as discouraging reporting and exposing victims to additional trauma.