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

Description

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.

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Subjects

Crimes and Offenses