HB260 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

Title

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

Description

<p class="bill_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</p><p class="bill_description"> Also under existing law, there are certain enumerated capital offenses</p><p class="bill_description"> This bill would provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases</p><p class="bill_description"> This bill would provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases</p><p class="bill_description"> 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</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would prohibit consideration of any petition for post-conviction relief or writs, within a specified time after the direct appeal has concluded</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> Relating to capital offenses and appeals relating to capital punishment; to provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases; to provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases; to provide that direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure shall be pursued concurrently; to 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; to prohibit consideration of any petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded; and to 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. </p>

Subjects

Crimes and Offenses