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The Alabama Senate today overwhelmingly approved a bill that would give juries the final say on whether someone convicted of a capital crime is sentenced to life in prison or death.

Alabama is the only state to allow judges to sentence an offender to death after a jury recommends life in prison.

The bill by Sen. Dick Brewbaker, R-Montgomery, would change that.

The Senate passed the bill by a vote of 30-1. Sen. Trip Pittman, R-Montrose, cast the only negative vote.

"It wasn't an anti-death penalty vote," Brewbaker said. "It was cleaning up a procedure that is detrimental to the jury system and calls into question the integrity of jurisprudence in Alabama."

The bill moves to the House, which is considering a similar measure.

"At the end of the day, it is morally wrong for us to allow this to continue in our state," Sen. Cam Ward, R-Alabaster, said.

Sen. Hank Sanders, D-Selma, has sponsored similar bills for years.

Rep. Chris England, D-Tuscaloosa, is sponsoring a similar bill in the House of Representatives.

England's bill would also require all 12 jurors to agree to a death sentence.

Under current law, a minimum of 10 jurors is required to recommend a death sentence. Alabama is also the only state to allow split juries to recommend death.

Brewbaker's bill would not change that.

The Senate passed the bill after adopting an amendment by Pittman that said the bill would not apply retroactively to cases in which a judge has already given a sentence.

Brewbaker supported the amendment, which passed by a vote of 23-5.

Pittman, asked why he voted against Brewbaker's bill, said, "I just think that it's appropriate for the judge to have discretion with the complexity of certain trials and the heinous nature of some crimes. I support them having that. I have confidence that in all cases they're going to use that discretion appropriately when the charges and the evidence deserves the death penalty."

Brewbaker said no judges or district attorneys contacted him and told him the state should keep judicial override. Judges are elected in Alabama, and Brewbaker said judges say they face political pressure during election years to impose death penalties.

Brewbaker said trial by jury is a fundamental principal and should extend through the sentencing phase.

"As an ex-history teacher, one of the most important things about our democracy is that our laws are derived from common law," Brewbaker said. "And that's why a crime of violence is a crime not against an individual, but against a community. That's why we have the trial in the community, that's why we pick the jury in the community. And they decide guilt, innocence and punishment. And judicial override flies in the face of all of that. I'm very glad to see it go. You're entitled to a trial by a jury of your peers and that ought to apply to sentencing, too."

House Speaker Mac McCutcheon, R-Monrovia, said he has heard some support in the House for the legislation to end judicial override.

"I think there will be some debate over it," McCutcheon said. "But there's some positive comments coming from the House membership about that bill. So I think it's a possibility we could pass it."

The House Judiciary Committee approved England's bill on a 10-2 vote last week. It is in position for consideration by the full House.