HB113 Alabama 2014 Session

Under existing rule, there is a procedure to initiate a collateral challenge of a conviction of a capital offense after the conclusion of a direct appeal of the conviction of the capital offense

Also under existing law, there are certain enumerated capital offenses

This bill would provide that under the Alabama Rules of Criminal Procedure, Rule 32.2(c) shall apply only to non-death penalty cases

This bill would provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases

This bill would provide that direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure shall be pursued concurrently

This bill would require the trial court judge in death penalty cases to appoint appellate counsel for both direct appeal and post-conviction remedies within a specified time

This bill would prohibit consideration of any petitions for post-conviction relief or writs, within a specified time after the direct appeal has concluded

This bill would provide a specified time for consideration of properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure pending at the time of the conclusion of direct appeal and affirmation of death sentence

This bill would include prosecutors as members of law enforcement and make the murder of a prosecutor an enumerated capital offense

This bill would make the murder of a family member of law enforcement to avenge, intimidate, or retaliate an enumerated capital offense

This bill would make a murder on the campus of a school an enumerated capital offense

This bill would make a murder in a day care or licensed child care facility an enumerated capital offense

This bill would make the murder of a victim, juror, or associated family member in order to avenge, intimidate, or retaliate an enumerated capital offense

This bill would make the murder of a victim under a Protection From Abuse Order an enumerated capital offense

This bill would make a murder during an illegal narcotics transaction an enumerated capital offense

This bill would make the murder of a judge because of his or her official actions or position an enumerated capital offense

This bill would make the murder of a family member of a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or a judge which is committed to avenge, intimidate, or retaliate because of an official action of the police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any other state or federal peace officer of any kind, or prison or jail guard, or judge an enumerated capital offense

This bill would make a murder under specified circumstances associated with gangs or organized crime an enumerated capital offense Amendment 621 of the Constitution of Alabama of 1901 prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of Amendment 621. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in Amendment 621

Relating to capital offenses and appeals relating to capital punishment; to provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases; to provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases; to provide that direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure shall be pursued concurrently; to require the trial court judge in death penalty cases to appoint appellate counsel for both direct appeal and post-conviction remedies within a specified time; to prohibit consideration of any petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded; to provide a specified time for consideration of properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure pending at the time of the conclusion of direct appeal and affirmation of death sentence; to amend Section 13A-5-40, Code of Alabama 1975, relating to enumerated capital offenses; to include prosecutors as members of law enforcement; to include as capital offenses the murder of a prosecutor; the murder of a family member of law enforcement to avenge, intimidate, or retaliate; murder on the campus of a school; murder in a day care or licensed child care facility; murder of a victim, juror, or associated family member in order to avenge, intimidate, or retaliate; murder of a victim under a Protection From Abuse Order; murder during an illegal narcotics transaction; murder of a judge because of his or her official actions or position; the murder of a family member of a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prosecutor, or any state or federal peace officer, prison or jail guard, or a judge which is committed to avenge, intimidate, or retaliate because of an official action; and murder under specified circumstances associated with gangs or organized crime; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901.