HB260 Alabama 2017 Session

Summary

Primary Sponsor

Lynn Greer

Republican

Session

Regular Session 2017

Title

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

Summary

HB260 changes how Alabama handles death-penalty post-conviction cases by running direct appeals and post-conviction relief concurrently, with new time limits and mandatory counsel.

What This Bill Does

It excludes death-penalty cases from Rule 32.2(c) and creates a concurrent process for direct appeals and post-conviction relief. The trial court must appoint separate appellate counsel for both direct appeal and post-conviction relief within 30 days of death sentencing. It sets time frames and procedures for filing and responding to post-conviction petitions in death-penalty cases, including extensions and timelines for court decisions. The act applies to death sentences issued after the act becomes law and outlines how amendments and late filings are to be treated.

Who It Affects

• Death penalty defendants (capital murder cases) who would file post-conviction petitions within set deadlines and pursue direct appeal and post-conviction relief concurrently, with appointed counsel for each path.
• Courts (trial and circuit) and state prosecutors who must implement the concurrent framework, enforce the new deadlines, appoint counsel, and issue timely decisions.

Key Provisions

• Rule 32.2(c) shall not apply to capital murder/death penalty cases; these cases use a new concurrent framework for post-conviction relief.
• In death penalty cases, direct appellate remedies and post-conviction remedies under Rule 32 shall be pursued concurrently, and separate appellate counsel must be appointed for direct appeal and post-conviction relief within 30 days of the death sentence.
• Petitions for post-conviction relief under Rule 32.1(a), (e), or (f) in death penalty cases must be filed within 180 days after the first brief or direct appeal; similar 180-day deadlines apply to certain lack-of-jurisdiction claims if the issue is known, with waivers if not timely.
• A circuit court may grant a 90-day extension for good cause; the court must issue an order within 90 days after the state's answer to identify claims to be dismissed and those to be heard, and must issue a final order within 180 days if the petition is pending at the time of the direct appeal's judgment.
• If post-conviction counsel files an untimely petition or fails to file, the court may require good cause and potentially allow a new deadline up to 270 days; amendments filed after the filing date are treated as untimely or as a new/successive petition, as applicable.
• The act applies to defendants sentenced to death after the act’s effective date; effective date is the first day of the third month after passage.

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