SB194 Alabama 2014 Session

Summary

Primary Sponsor

Bill Holtzclaw

Republican

Co-Sponsors

Del MarshJimmy HolleyScott BeasonTrip PittmanArthur OrrJ.T. WaggonerCam WardClay ScofieldBryan TaylorBill HightowerPaul BussmanRusty GloverJerry L. FieldingPaul SanfordPhillip W. WilliamsGerald H. AllenGerald O. DialDick Brewbaker

Session

Regular Session 2014

Title

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

Summary

SB194 would restructure death penalty appeals by making direct appeals and post-conviction reviews run concurrently with strict filing and decision timelines, while applying Rule 32.2(c) only to non-death penalty cases.

What This Bill Does

For death penalty cases, the bill sets specific time frames to file post-conviction petitions, requires direct appeal and post-conviction relief to be pursued at the same time, and mandates the trial court to appoint separate counsel for each track within 30 days of the death sentence. It prohibits consideration of certain post-conviction relief petitions outside these timeframes and provides a structured timeline for court decisions, including potential extensions. Rule 32.2(c) would be limited to non-death penalty cases, affecting how collateral challenges are handled in those cases.

Who It Affects

• Death penalty defendants and their lawyers, who must follow concurrent direct-appeal and post-conviction review processes and meet specific filing deadlines
• Non-death penalty defendants, for whom Rule 32.2(c) would continue to apply (with changes limited to death penalty cases mentioned in the bill)
• The Alabama courts and the State (prosecutors), due to new deadlines for filing, responses, and court decisions

Key Provisions

• Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases; death penalty cases follow separate timelines
• Post-conviction remedies in death penalty cases must be pursued concurrently with direct appeals, and the court must appoint separate counsel for direct appeal and post-conviction relief within 30 days of death sentence
• Death penalty petitions under Rule 32.1(a), (e), or (f) must be filed within 180 days after the first brief/direct appeal
• A circuit court shall not entertain certain post-conviction petitions unless filed within the 180-day window (or six months after discovery for jurisdiction issues); extensions and conditions are specified
• A 90-day extension for good cause may be granted by the court
• Within 90 days after the state answers a post-conviction petition, the circuit court must issue an order identifying claims that should be dismissed and those that should have an evidentiary hearing; if the petition is pending at direct-appeal’s certificate of judgment, final orders must be issued within 180 days
• If post-conviction counsel files untimely petitions or fails to file, the court may grant good cause and extend deadlines, or appoint new counsel with new deadlines, and still require a final order within 180 days after new filing
• Out-of-time appeals from dismissal can be filed within 180 days of discovering the dismissal
• Amendments to petitions filed after the applicable deadline are treated as untimely or as a new, successive petition
• The act applies to defendants sentenced to death after the effective date

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