HB423 Alabama 2016 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2016

Title

Innocence Inquiry Commission, creation within Administrative Office of Courts, duties, review of by felony conviction upon presentation of verifiable evidence of innocence not previously presented, referral to court of original jurisdiction for review

Summary

HB423 would create the Alabama Innocence Inquiry Commission to review credible new evidence of factual innocence for felony convictions and, if warranted, refer cases for judicial review, while imposing an execution moratorium through June 1, 2017.

What This Bill Does

The bill creates the Alabama Innocence Inquiry Commission within the Administrative Office of Courts to handle claims of factual innocence. A person convicted of a felony can petition for a formal inquiry to present credible, verifiable innocence evidence not previously raised at trial. If the commission finds sufficient evidence of innocence, it can refer the case to the circuit court for judicial review, which may involve a three-judge panel to determine relief. The bill also places a moratorium on executions until June 1, 2017.

Who It Affects

• Felony defendants who believe they are innocent and may pursue formal inquiries, potentially leading to judicial review or dismissal of charges if innocence is proven.
• Victims and prosecutors (district attorneys) who are notified, may participate, and respond during the inquiry and any related proceedings.

Key Provisions

• Establishes the Alabama Innocence Inquiry Commission within the Administrative Office of Courts, with administrative support and protections for its budget.
• Defines terms like claimant, claim of factual innocence, and commission to guide how claims are processed.
• Requires the convicted person to sign a waiver agreeing to cooperate and to disclose information, with rights to counsel (including indigent counsel) during formal inquiries.
• Sets the commission's composition of eight voting members from diverse roles (judge, DA, victim advocate, defense attorney, public member, sheriff, and Senate/House appointees) and designates a circuit court judge as chair; outlines meeting and quorum rules and terms.
• Authorizes the commission to screen claims, conduct inquiries, coordinate investigations, maintain records, and seek funding; grants authority to subpoena and use discovery subject to confidentiality rules.
• If five or more of the eight members determine there is sufficient evidence of factual innocence, the case is referred to the circuit court for judicial review; in guilty-plea cases, all eight votes must favor innocence for referral; otherwise, no review. Certain records become public upon referral while others remain confidential.
• A three-judge panel appointed by the Chief Justice would conduct an evidentiary hearing to decide, by clear and convincing evidence, whether the defendant is innocent; unanimous verdict is required for relief and dismissal of charges.
• Requires victim notification prior to hearings and allows their attendance; provides for indigent counsel and possible defense costs; includes annual reporting to legislative judiciary committees and maintains a mechanism for special prosecutors if prosecutorial misconduct is alleged.
• Instrumental for executions: establishes a moratorium on all executions in Alabama until June 1, 2017.

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

Subjects

Innocence Inquiry Commission