HB216 Alabama 2014 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Co-Sponsors

William RobertsMary Sue McClurkinDonnie ChesteenMark TuggleWes LongAlan HarperPaul W. LeeKurt WallaceDuwayne BridgesMack N. ButlerRandy WoodDan WilliamsMike MillicanJoe FaustDickie DrakeEd HenrySteve McMillanKen JohnsonBarry MooreSteve ClouseRichard BaughnMike HillMac McCutcheonTodd GreesonJim PattersonPhil WilliamsRichard J. LairdK.L. BrownDavid SessionsSteve HurstPaul DeMarcoHoward SanderfordAlan BakerMicky HammonTerri Collins

Session

Regular Session 2014

Title

Criminal procedure, new classes of capital offense, reduce appeal time, Fair Justice Act

Summary

HB216 (Fair Justice Act) changes death-penalty post-conviction rules by making direct appeal and post-conviction review run concurrently, setting strict filing deadlines, and requiring counsel within 30 days of sentencing.

What This Bill Does

The bill makes Rule 32.2(c) apply only to non-death penalty cases, and it creates specific time frames for filing post-conviction petitions in death penalty cases. It requires direct appellate remedies and post-conviction remedies to be pursued concurrently, and it mandates the trial court to appoint appellate counsel for both direct appeal and post-conviction relief within 30 days of sentencing. It also sets limits on when petitions can be considered after the direct appeal, establishes processing timelines, and provides for extensions and other procedural rules related to post-conviction relief for death penalty cases.

Who It Affects

• Death penalty defendants and their counsel would have to file post-conviction petitions within specified deadlines after the direct appeal and would have separate appellate counsel for direct appeal and post-conviction review appointed within 30 days of sentencing.
• Non-death-penalty cases would continue to be governed by Rule 32.2(c) and would not be subject to the new death-penalty timing rules.

Key Provisions

• Rule 32.2(c) shall apply only to non-death penalty cases; death penalty cases use a separate set of timing rules.
• Post-conviction petitions in death penalty cases must be filed within specified time frames and pursued concurrently with direct appeals.
• The trial court must appoint separate counsel for direct appeal and for post-conviction relief within 30 days of the death sentence order.
• Circuit courts shall generally require post-conviction petitions in death penalty cases to be filed within 180 days of the first brief or direct appeal, with similar time limits for jurisdiction-based claims and potential extensions for good cause.
• If a petition is pending at the time of the Certificate of Judgment on direct appeal, the court must issue a final order within 180 days, and if new counsel is appointed, timelines are adjusted accordingly.
• Untimely petitions or failures to file may trigger consequences such as good-cause requirements, potential new counsel appointments, and new filing deadlines with defined maximums.
• The act applies to defendants sentenced to death after the effective date of the act and becomes law after the specified waiting period.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses