SB247 Alabama 2014 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2014

Title

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

Summary

SB247 would allow certain death row inmates to challenge a death sentence if race influenced the decision, with a defined process that could lead to relief and resentencing to life without parole.

What This Bill Does

Grants death row inmates the right to challenge a death sentence if race was a significant factor in seeking or imposing the sentence, using a defined time window (from 10 years before the offense to two years after the sentence). Requires the defendant to prove that race was a significant factor, allows the state to rebut with evidence (including statistics), and requires the defendant to waive any parole eligibility as a condition of relief. If relief is granted, the court must either stop seeking the death sentence or vacate it and resentence the defendant to life without parole.

Who It Affects

• Death row inmates who believe their sentence was obtained or sought based on race and who would initiate and pursue relief under the act.
• State prosecutors and the judiciary, who would evaluate claims, present rebuttal evidence, conduct hearings, and implement any sentence changes.

Key Provisions

• Section 2(a): No sentence or execution may be sought or imposed on the basis of race.
• Section 2(b): Race as a basis is a 'significant factor' if found within the defined time window around the offense and sentencing.
• Section 2(c): Defendants must waive parole eligibility in writing as a condition for relief; the court records the waiver.
• Section 2(d)-(f): Burden on the defendant to prove the race factor; the state may offer rebuttal evidence, including statistics; non-statistical evidence may also be considered.
• Section 2(h): If a significant race factor is found, death sentence is not to be sought or the judgment is vacated and the defendant resentenced to life without parole.
• Section 3: The act becomes law on the first day of the third month after passage and governor approval.

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

Subjects

Criminal Law and Procedure