SB377 Alabama 2013 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2013

Title

Criminal procedure, death penalty, death row inmates' right to challenge death sentence if obtained on basis of race

Summary

The Alabama Racial Justice Act would let certain death row inmates challenge their sentences if they were sought or imposed based on race and lay out how those challenges work.

What This Bill Does

It creates a process for death row inmates to claim that race was a significant factor in seeking or imposing their death sentence within a defined time window (from 10 years before the offense to two years after the sentence). If a court finds race was a significant factor, it can stop pursuing the death sentence or vacate it and resentence the defendant to life without parole. Defendants must voluntarily waive any parole eligibility in writing as part of the motion, and courts must verify this waiver if a hearing is held. The state can offer rebuttal evidence, including statistics, and the defendant bears the burden of proving the race-based claim, with hearings scheduled if the claim is sufficient.

Who It Affects

• Death row inmates in Alabama: may file for relief claiming race was a significant factor in their death sentence and could be resentenced to life without parole if proven.
• County/ prosecutorial offices: may present evidence to rebut claims of racial influence and participate in hearings and motions under the new process.
• Judges/courts: tasked with determining whether race was a significant factor and deciding on relief (not seeking death or resentencing to life without parole).

Key Provisions

• Establishes the Alabama Racial Justice Act to allow race-based challenges to death sentences.
• Defines 'significant factor' and sets a time window for when race could be considered (10 years before the offense to two years after imposition).
• Requires the defendant to waive parole eligibility in writing as a condition for relief; court must confirm waiver if a hearing occurs.
• Places the burden on the defendant to prove race was a significant factor; the state may offer rebuttal evidence, including statistics.
• Permits various forms of evidence (statistical data, sworn testimony, testimony from justice system participants) to support or rebut claims.
• Procedural steps: motions must state particularized claims; may be dismissed if insufficient; if sufficient, a hearing is scheduled with potential pre-hearing evidence forecasts.
• If relief is granted, the court must ensure the death sentence is not pursued or vacate it and resentence to life without parole.
• Effective date: becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure