Capitol Journal
February 3, 2026
Season 21 Episode 18 | 26m 40sVideo has Closed Captions
Sen. April Weaver, (R) - Brierfield
We're covering the 9th day of the legislative session, with action from the House & Senate. Todd welcomes Sen. April Weaver to discuss her bill allowing the death penalty for child rape and her bill improving the Rural Health Investment Fund.
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Capitol Journal is a local public television program presented by APT
Capitol Journal
February 3, 2026
Season 21 Episode 18 | 26m 40sVideo has Closed Captions
We're covering the 9th day of the legislative session, with action from the House & Senate. Todd welcomes Sen. April Weaver to discuss her bill allowing the death penalty for child rape and her bill improving the Rural Health Investment Fund.
Problems playing video? | Closed Captioning Feedback
How to Watch Capitol Journal
Capitol Journal is available to stream on pbs.org and the free PBS App, available on iPhone, Apple TV, Android TV, Android smartphones, Amazon Fire TV, Amazon Fire Tablet, Roku, Samsung Smart TV, and Vizio.
Providing Support for PBS.org
Learn Moreabout PBS online sponsorshipFrom our state House studio in Montgomery.
I'm Todd Stacy, welcome to Capitol Journal.
Today was the ninth day of the Alabama Legislature's 2026 regular session.
And it was a busy one that I started just up the street at the Business Council of Alabama's weekly morning issues breakfast, where Senate President Pro Tem Garlan Gudger talked about the smooth run of the Alabama Senate.
So far, there has been little discord on the Senate floor so far.
However, gutter says that that smooth ride could begin to get a little bumpy starting this week.
I just want to spice it u a little bit this week for you, so we'll we'll have some fun out there on the floor.
So that should be interesting.
But this week will start as, my friend and colleague over there, Chris Elliott, said in the Alabama State Senate, he said it's time to start dropping a little bit spicier stuff.
And so that's exactly what we're going to be doing this week.
On both sides.
Grab your gallery seats exactly what you should have.
So within the next 2 or 3 weeks, get a little bit of popcorn and some Twizzlers and hang out there with us for a little while.
But, we're going to be fighting back and forth a little bit more, but obviously qualifying is over.
We've got a lot of our local bills or sunset bills, and confirmations that we're still running through.
Those are very important to us, especially what happened at the end of last session.
And so we're going to make sure we get those out as quick as we possibly can.
And then there's always fun for fireworks.
So we'll see what happens.
And it didn't take long for Gudger's prediction of spicier debate to prove true.
The Alabama Senate today engaged in significant debate over a bill that would limit how state agencies enforce environmental regulations.
Senate Bill 71 from state Senator Donnie Chesteen of Geneva, would restrict state agencies from adopting environmental rule that go beyond federal standards unless they are backed by what the bill calls the best available science.
Minority Leader Senator Bobby Singleton and other Democrats spoke for more than an hour in opposition, arguing the legislation would weaken Alabama's environmental protection in the name of economic growth.
They also accused Republicans of prioritizing special interests over pressure over public health.
But in the name of business, why are we willing to sacrifice our total ecosystem around drinking water, around wastewater, around our rivers and streams, around our air pollution?
Are we willing to give that up all in the name of business?
There's no science in that.
The bar is the federal law.
Okay, that' that's where that's the ceiling that we have right her to address a problem like this.
And then we have at the state agency that looks after issues in the state of Alabama concerning these type of issues.
Now, when something when something is, is causing harm, such as this, I think the department has emergency rule that will allow them to go in and directly address what the issue is, not having to go through th normal procedures of rulemaking, you know, throug the legislative process address, you know, try to addres and isolate what the problem is.
that bill was initially carried over on the Senate floor, before later being brought back up and passing along party lines by a vote of 27 to 7.
It now heads to the House.
The Senate also debated a measure addressing how dredged material is dumped in mobile Bay.
House Bill 18 from State representative rep.
Marks of enterprise and carried in the Senate by State Senator Chris Elliott of Josephine, would requir at least 70% of dredged material to put to beneficial use instea of randomly dumped in the bay.
Following today's unanimous vote, Elliott told reporters the bill would benefit coastal communities, water qualit and industries tied to the Bay.
It mean that 70% of what was happening right now won't happen anymore, in the near future.
And that's a that's a big thing.
That's a big thing for our oystermen, for our shrimpers, for our commercial fishers, fishermen, and also for the recreational fishing boat captains and charter boat captains that fish the bay every day.
And it's good for it's good for me and my kids and the people that are on the bay trying to live and work on the bay and catch fish.
And it's good for submerged aquatic vegetation.
It's just better for water quality overall.
But perhaps most importantly to everyone else in the state, it's good for the huge tourism industry that we have in Baldwin County.
Remember, 8.5 million visitors come to Baldwin County every single year, and they don't come just to shop in Fairhope at the nice shops or at the Tanger Outlet Malls in Foley.
They come for the water quality at our beaches and we do not need to do anything to, to damage or threaten not just the the ecology surrounding that, but the business, the huge, booming business that is 8.5 million visitors a year.
There was an amendment adde to the bill on the Senate floor, so it had to go bac to the House for final passage.
It.
That happened this afternoon.
So it now heads to Governor Kay Ivey desk for her signature.
Moving to the house now where things got off to a rocky start today when the chamber faced technical difficulties from a power outage over the weekend.
We've been there, but as soon as things wer fixed, the house got moving on.
A full slate of bills, including one aimed at fighting DUI crashes in Alabama.
House Bill one from state Representative Barbara Boyd of Anniston, seek to crack down on drunk driving.
Boyd herself survived a head on collision, which involved someone driving under the influence.
Under current law, or on the person's first DUI conviction, their driver's license is suspended for 90 days and then they are allowed.
But we are not required to have that one.
That 90 day suspension state.
If they install the interlock device in their in their vehicle for 90 days.
Thank you so much.
We've worked together on EpiPen legislation a good few years ago.
You know, I worke hard on this stuff previously.
It's been sunset and time wise.
Thank you so much for caring about our children and bringing this back to children and families of what this bill is about, and trying to protect and make things better for them.
I just so appreciate it.
Thank thank you.
They support you so much.
That bill passed unanimously and now goes to the Senate.
The House also debated House Bill 100 from State Representative Brian Brennan of Tuscaloosa, which aims to streamline the process of getting background background checks through Aliyah.
Aliyah does background checks for nonprofits, for agencies within the government, for anybod that that's wanting and needing any employee this morning or needing a background check in Alabama, they charge for this and they have a new ability because of some money that we gave them from the legislature a few years ago.
They created the computerized criminal history system.
It's much more accurate, much more reliable.
And so they now have a bette way of of holding all this data.
And with this new program, this wrap back program, an employer that got an A, got a backgroun check on a potential employee, has the ability to subscribe with Aliyah.
And if they do subscribe to this right back program, they would have they would follow this this person's history, anybody they do a background check o if they have a recurring event, if they get a new DU or something, the Aliyah would contact the employer.
Say, are y'all doe this person still work for you?
And if they say yes and they're still subscribing to this, then they say they would go ahead and send them the information.
That bill was approved 68 to 11, with 22 abstentions and it now goes to the Senate.
A scary moment today fo one of our most active lawmakers in Montgomery.
After experiencin some abdominal abdominal pain, State Representative Matt Simpson of Mobile had to leave the state House and go to the hospita to be treated for appendicitis.
Simpson was preparing to present legislation to the Senate Judiciary Committee, but severe pain forced him to leave the state House and seek medical attention.
It was later announced on the House floor that Mr.
Simpson was in the hospital and doing just fine.
Our thoughts are with you, Mr.
Chairman.
Hope you get well soon.
Turning to Washington for a moment.
Presiden Donald Trump has signed into law the remaining spending bills to end the partial governmen shutdown that began on Saturday.
The package will fund multiple agencies, including the Pentagon, through December.
It also provides two weeks of funding for the Department of Homeland Security, while lawmakers negotiate reforms over immigration enforcement.
Alabama's lead appropriato in the House, Congressman Robert Aderholt, praised the measure upon final passag in the House of Representatives.
With this bill that is before us today, the government will continue operating effectively and provide stability for the American people.
All of Alabama's House delegation voted for the package, except for Congressman Shomari figures, who says he can't support the tactics.
Federal immigratio agents have been using recently.
And we'll be right back with my interview with State Senator April Weaver.
Stay with us.
You can watch past episodes of Capital Journal online any time at Alabama Public Television's website.
aptv.. org.
Click on the online video tab on the main page.
You can also connect with Capital Journal and link to past episodes on Capital Journal's Facebook page.
Mobile native Leroy Satchel Paige was one of the finest pitchers in baseball.
Early in his career, he played for the Birmingham Black Barons and would go on to pitch in more than 2500 games.
Throw more than 100 no hitters and pla professional ball into his 50s, making a one game appearance for the ML Kansas City Athletics in 1965.
Paige was inducted into the National Baseball Hall of Fame in 1971.
The first Negro league player so honored.
Welcome back to Capitol Journal.
Joining me next is state Senator April Weaver from Brierfield.
Senator thanks for coming on the show.
Thanks for having me, Todd.
Always a pleasure to be here with you.
Absolutely.
You've had a big day.
We want to get to some of that.
You had a bill and committee get a bill on the floor.
But first I want to ask you, we reported earlier that Representative Simpson had to be had to go to the hospital because he had appendicitis.
Is he okay?
Is there any update?
Is he feeling better?
So Matt was with me in Judiciary Committee up in the Senate today and was not feeling well.
He and I have been partners on the Child Death Penalt Act for for many, many months.
And I said, you go take care of yourself.
I'll take it from here.
So I took that bill in in judiciar Committee in the Senate today.
I was in contact with Matt up until he got into the hospital and started receiving care.
I have every reason to believe he is going to be absolutely fine.
Just one of those medical conditions that somehow happened to us, you know, is as we go through life, and I have every reason to believe it will be taken care of, and he'll be back here with us in no time.
Yeah, we're thinking about I mean, appendicitis, you know, can be painful and so troubling.
So, you know, our thoughts g out to him and his family, and.
Yeah, I think you're right.
He'll be back on his feet in no time.
Well, speaking of that.
So that.
Right, it's past the House.
Hous Bill 41.
It's passed the House.
It is.
It's passed the Judiciary Committee.
Now, this is the bill that would allow the death penalty for anyone convicted of child.
Right?
Rape of a, you know, child under the age of 12 under the age of 12 or sodomy.
And so, I mean, this is a big one.
It's one of the biggest bills you're seeing this session.
You'r sponsoring the Senate version.
It sounds like the House version is kind of moving.
So walk me through why why is this bill necessary?
So so many of the bills that I carry originate with something that happened in my district.
And this is one of those cases, and it's one of those horrible cases that, you know, if if it happened in my district, it can happen anywhere.
I often say I represent Mayberry because people in my district, they're just good hometown people.
They love their neighbors, they love their church members, they love their schools.
They're at the Friday night football games.
And for something like that to happen in my district, it can happen anywhere.
You're talking about that Bibb County child six, right?
I am, I am, and, you know, I certainly don't have any more information about that cas than what's been in the public.
So anyone who's seen the the press conferences know what I'm talking about.
It was a child sex trafficking ring that happened in a bunker, but the bunker was actually, from what I understand, someone's storm shelter.
So if you you look at that are and you remember, the horrible tornadoes that happened in Bryant in the early 1970s.
So a lot of people there have storm shelters just because they're so weather aware they're in that area.
And the bunker was actually, from what I understand, a storm shelter.
That's something that was built for good but was used for pure evil.
And it was a situation where those children were being sex trafficked at night.
They were making appointments and having people come in to just abuse these children over and over again.
It's the most horrific, horrific case of child sexual abuse that I've ever heard.
And as I started looking at what could be done to deal with the penalties for people who do these horrible things to children, I realized that Matt Matt had this bill that he had worked on last year.
So immediately I called him and said, I'm about to begin work on a bill.
But I've looked at your bill, and I think it's exactly where I'm headed with what I want to do based on what's happened here in my district.
So Matt and I sat dow last summer after this happened and decided that we would partner on this Child Predator Death Penalty Act.
Since that time, we have worked.
I mean, just months on, on this issue.
So for us to be finally, finally at a point where we're having traction and going forward, it' really an exciting time for us based on the work that we've done and based on on the promises that that we've made to the people in our districts who are so, encouraging and such advocates for this bill, you mentioned you're ready to get it, to the governor.
Do you think it could be on the Senate floor on Thursday the next time you'll meet?
That would be the fastest it could possibly.
Certainly.
And and of course, I'm very hopeful.
You know, Matt and I have been working to to push this bill and get it moving in the beginning, we decided that instead of because there was so much discussion around this bill instead of working two versions, I dropped the Senate version.
He he dropped the House version.
I said, you know, you started this last year.
You work your version, we'll work together.
If there are any discussions, anything that needs to be addressed.
And we've worked his versio from the house up to the Senate.
So we just have that one.
One last step.
Well, yeah.
You don't want to get caught up at the end like last year when certainly when the filibusters tend to happen.
The one thing I keep hearing is pushback, mainly from Democrats, but also just kind o this constitutionally is that, you know, typicall we hear about the death penalty only being associate with crimes where life is taken.
Right I mean, capital murder, right.
You know, and so ho do you answer those, criticisms?
Not anybody that wants child predators to be treated lightly or anything but that the ultimate punishment being put to death is usually reserved for those who cause death.
You know, it's heinous, as these crimes are, but it's not putting somebody to death.
So what I would say to that is that typically is reserved for the worst of the worst.
And I believe cases that we are talking about are the worst of the worst.
I believe that I've said i time and time again in public.
I believe that there's a special place in hell for people who do this to children.
And as soon as we pass this law, we're going to have a special place for them in Alabama and it's going to be a death row home and prison.
You know, what I say to that is people have said, oh, it's unconstitutional.
Well, we we talk about things and we deal with issues that that have been ruled unconstitutional many, many times.
You know, just because the Supreme Court said something at one time, sometimes, I mean, you kno as well as I do, there are cases that go up to the that are overturned frequently.
And I believe that this is one of those cases that will go to the Supreme Court and will be overturned based on the wor that we've done here in Alabama.
Well, I I've heard you and Mr.
Simpson make reference to that and that, you know, it's cruel and unusual an especially on unusual meaning.
That's what' in the Constitution and unusual.
You can almost say that that's taken away because not just Alabama, a lot of states are starting to do that.
And so the unusual part of that.
So I do think, though you're going to see this should it become law, not just Alabama, but multiple states will, you know, there'll be some adjudication of this at the Supreme Court level, probably.
But and you're absolutely correct, because there are already five other states that have passed laws very similar to this one.
So will it be the Alabama la that goes to the Supreme Court?
Maybe.
Will will they use our law as a support for another case or another stat that goes to the Supreme Court?
Very likely wouldn't be the first time.
Right.
Switching gears, I want to as about this rural hospital bill.
You've worked with State Representative Terri Collins on this bill.
She passed it last yea in terms of allowing community organization to essentially have some, you know, skin in the game, allowing some tax credits, things like that, when they donate, when they do things to help support their community hospitals especially in the rural areas.
We know that those hospitals need support.
So it was a big deal getting this program off the ground.
And what y'all are working on this year are some kind of technical amendments that can make a big difference.
Is that one?
Is that a good way to characterize it?
Yes.
And yeah, Terry Collins has has bee my partner in legislative issues since we both got elected in 2010.
That's right.
And same house, different class.
Right.
We started the same class in 2010 dow in the House of Representatives when you were there too.
That's right.
Yeah.
So we all have a long working relationship together.
And since I've been in the Senate, she has continued to be my partner in a lot of legislative issues.
She and I worked togethe last year on the Rural Hospital Investment Program, which has been wildly successful, just as we anticipated it would be.
I was going to ask you about that.
How was the reception?
Because I know it took couple of years to pass.
Right.
And we did work on it for a couple of years.
Finally got it through last year and so started January 1st, and this year's cat was at $20 million.
And the last time I checked, they were about $2 million away already from for meeting that cap.
But I think based on the technical fi that we had today on the floor, that allows rural electric co-ops to also participate in this, we meant for them to be able to participate last year, and inadvertently, they somehow got out of the legislation.
So we fix that today.
I suspect as soon as the governor signs the bill, that we will absolutely meet that cap with that extra $2 million tha that will be going into there.
Sure, absolutely.
And sometimes this is this i common with legislation, right?
If you pass it like, oh, well, we need to clean up this or that.
So it's a technicality but it can make a big difference in terms of raising more money in terms of I kno it was the treasurer's office, but it probably needs to be Department of Revenue and things like that.
So understand all that.
I'm, I see little resistance to this.
Is it probably on a fast track?
I think so.
Well, you know, here we are.
It's already been through the house.
It was on the Senate floor today.
Now it just goes to the governor.
Okay.
All right.
So it's already on the wa to the governor, I'm assuming.
But did not have any questions.
No resistance from it today.
And I think that's because people realize the importance of our rural hospitals here in the state of Alabama.
I was going to ask you about that more broadly, because they are facing difficulty.
Right.
I mean, you're from a rural area.
You talked about Mayberry.
That's perfect, by the way.
And we have a lot of Mayberry throughout the state and they've seen hospitals close sometimes, you know, one hospital closes and you've got to drive two hours to the next hospitals, you know, from rural areas.
What more can be done to help some of these rural hospitals survive?
The ones that haven't closed and others, you know, maybe reopen and things like that so that, you know, rural areas aren't a health care desert.
Right?
So I'm very blessed because I represent three counties Shelby, Bibb and Chilton.
And each one of those hospital, each one of those counties has a hospital, two of them rural hospitals.
So very blessed for health care in my district.
And I would say that the people in my district are the best of the best.
And they they even when I was at HHS before I came back to the Senate, some of my rural hospital in my district today were used as national best practice models when I was at HHS.
So the people in my distric are absolutely doing it right.
So how how are they doing that or why are they doing that?
Their models are fabulous.
They are very involved with their communities.
And I think this rural hospital tax investment program is something that absolutely i going to be wonderful for them, because so many people in the communities are know how important it is to keep health care aliv and well for the citizens there.
There was an example for one of my rural hospitals, there was a local business owner who donated $450,000 and was able to do it through this program because he, he and his wife understand the importance of having that rural hospital there intact so that it's supporting the employees for his business.
I think that you will see examples like that all across the state, because people in the communities know how important it is to have health care ready, readily available there in their communities.
And if there's a tax credit incentive, it only helps that we only have a little time.
But I wanted to ask you about your porch pirate bill.
This was I mean, when you say porch primer, everybody knows you're talking about all those videos online with folks going and stealing Amazon packages or whatever.
Of course, now they're booby trap with those are kind of hilarious but you passed a bill last year.
I think it was.
I did, and it's one of those bills that it took several years right to, to pass.
So it's law now.
But it was law before this Christmas season.
Right But it's a better law now.
Yes.
Okay.
So the Porch pirate bill went into effect on October 1st of 25.
So right before the holiday season last year.
And it's one of those bills, like I said, I worked on for a couple of years.
There was a law in place before this bill that, you know, basicall if someone stole your package, they got a little misdemeanor based on the value of the package that they stole.
So no real teeth, right?
And this was one of those, issues that also came from my district because my constituents were calling, saying, I'm going to work every day.
I'm paying for my children's Christmas.
I'm ordering it online.
They're leaving it on my porch, I'm getting home, and my children have no Christmas because some person has stolen it off my porch.
The Grinch, the Grinch.
Yes.
And I've used him many, many times in examples, as I went through the porch pirate legislation.
But as, as of October 1st, the, the new law came into effect and so many of our police departments reached out to me over the holiday season saying, guess what?
We've had an issue here in our city, and we're using your porch pirate legislation to to prosecute them.
A lot of the prosecutors reached out, just getting information about the bill because this bill took th what was that little misdemeanor that had no teeth and it it added a lot of extra layers to it.
So based on the number of houses that they stole things from, the penalties increased.
But also it also added if they used any of you information for identity theft, there was also an extra layer of protection added in there and penalty as well.
Well, it's fun to see bills like that take forever to to come to fruition, but also to see them being utilize and you know, in this situation, prosecutions and things like that.
Probably also a huge seller for like those ring cam and everything that everybody.
Well look Senator out of town, thanks for updating us on this and I hope you'll keep us up.
Absolutely.
Thanks for having me.
I'm always a pleasure to be here with you.
We'll be right back.
You can watch past episodes of Capital Journal online any time at Alabama Public Television's website.
Appy tv.org.
Click on the online video tab on the main page.
You can also connect with Capital Journal and link to past episodes o Capital Journal's Facebook page.
Since 1997, Alabam Public Television has provided programs, services, and resources to childcare professionals, teachers and parents.
Visit AP tv.org/education to learn more.
That's our show for tonight.
Thanks for watching.
We'll be back tomorrow night with more coverage of the Alabama legislature right here on Alabama Public Television.
For our Capital Journal team, I'm Todd Stacey.
We'll see you next time.

- News and Public Affairs

Top journalists deliver compelling original analysis of the hour's headlines.

- News and Public Affairs

FRONTLINE is investigative journalism that questions, explains and changes our world.












Support for PBS provided by:
Capitol Journal is a local public television program presented by APT