HB260 Alabama 2017 Session

Updated Jul 24, 2021

Summary

Primary Sponsor: Lynn Greer
Republican
Session: Regular Session 2017
Title: Criminal procedure, new classes of capital offense, reduce appeal time, Fair Justice Act
Description: Under existing court rules, 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.
Also under existing law, there are certain enumerated capital offenses.
This bill would provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure 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 petition 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 a properly filed petition 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.
Subjects: Crimes and Offenses