SB187 Alabama 2017 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2017

Title

Criminal procedure, appeals of capital murder cases when defendant sentenced to death, appeal time reduced, post conviction remedies pursued with direct appeal, Fair Justice Act

Summary

SB187 overhauls death-penalty appeals by requiring concurrent direct appeals and post-conviction relief, with new time limits and court-appointed counsel.

What This Bill Does

Rule 32.2(c) would not apply to death penalty cases. Death penalty defendants must pursue direct appeal and post-conviction relief at the same time, and the trial court must appoint separate post-conviction counsel within 30 days after sentencing, with fees capped at $7,500 (subject to possible waiver for good cause). The bill sets filing and timing rules for post-conviction petitions, including a 365-day window from the first direct-appeal brief and a one 90-day extension option for good cause, plus specific timelines for court review and final orders. It also explains how amendments and late petitions are treated and adds rules about when petitions can be entertained, all applying to defendants sentenced to death after the act's effective date.

Who It Affects

• Death penalty defendants in Alabama and their lawyers, who would have to pursue direct appeals and post-conviction relief concurrently with court-appointed post-conviction counsel and under new deadlines.
• The Alabama court system and state legal services (trial and circuit courts, the Office of Indigent Defense Services, and the Attorney General's Office), which would implement the new appointment, timing, and review procedures for death-penalty post-conviction cases.

Key Provisions

• Rule 32.2(c) shall not apply to cases where the defendant is convicted of capital murder and sentenced to death.
• Post-conviction remedies in death penalty cases must be pursued concurrently with the direct appeal, with trial court appointment of separate post-conviction counsel within 30 days of death sentence, and counsel compensation capped at $7,500 (subject to waiver for good cause).
• A circuit court may not entertain a post-conviction petition on certain grounds unless filed within 365 days of the first brief on direct appeal; a one 90-day extension for good cause may be granted.
• Within 90 days of the state's answer, the circuit court must issue an order identifying claims to be dismissed and those to be set for an evidentiary hearing; final orders on pending petitions must be issued within 180 days after relevant milestones.
• If post-conviction counsel files an untimely petition or misses the filing date, the court may require good cause and may either extend the deadline (up to 30 days) or appoint new counsel with a new deadline (up to 270 days), with a 180-day final order deadline after new appointment.
• The time to file a Rule 32.1(f) petition is six months from discovering dismissal or denial, and this does not extend deadlines for petitions already filed.
• Amendments to petitions filed under this act after the applicable filing date are considered untimely or treated as successive petitions; Rule 32.7(b) does not apply to amendments made under this act.
• The act applies to defendants sentenced to death after the act’s effective date.

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