SB186 Alabama 2020 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2020

Title

Criminal procedure, petitions for DNA testing, procedures and standards revised, Sec. 15-18-200 am'd.

Summary

The bill tightens who can seek post-conviction DNA testing, updates the testing process and standards, extends filing windows, and creates an appeals path for DNA testing decisions.

What This Bill Does

It limits eligibility to certain offenders who are serving imprisonment or awaiting execution and who can show that available evidence, if tested, would demonstrate innocence. It changes the requirements for when testing can be ordered, including preservation of evidence and criteria that the testing could yield reliable results and be appropriate for CODIS. It extends the time frame for filing DNA testing motions and provides an appeal process for DNA testing determinations, along with cost rules and possible court-appointed counsel for indigent petitioners. It also specifies outcomes: if testing is inconclusive, the petition can be dismissed; if testing strongly supports innocence, the petitioner has 60 days to seek post-conviction relief.

Who It Affects

• Individuals convicted of listed offenses who are serving a term of imprisonment or awaiting execution, who may petition for post-conviction DNA testing under the new criteria.
• The State/prosecutors, who must be notified, may respond to motions, and participate in the testing decisions and any related appeals.
• The Department of Forensic Sciences or other mutually selected laboratories that conduct the DNA testing, which must be accredited and follow FBI quality standards.
• Indigent petitioners, who may have testing costs funded by state funds or the Alabama DNA Database Fund, and may receive court-appointed counsel limited to post-conviction DNA testing.

Key Provisions

• Eligibility for petition: only certain convicted individuals (listed offenses) who are imprisoned or awaiting death may apply for forensic DNA testing on specific evidence that is still available and could demonstrate innocence.
• Testing criteria: the evidence must not have been previously tested with appropriate technology, testing must be capable of yielding reliable results, and results may be eligible for inclusion in CODIS if applicable.
• Procedural steps: the court must notify the state and allow a response after a motion is filed; the court may order testing if conditions about evidence and testing capability are met, and evidence preservation is ensured.
• Evidence handling: the state and court must preserve remaining biological material; if material is unavailable or unreliable, the petition is dismissed without prejudice.
• Motion requirements: motions must include a clear claim of how testing would prove innocence, details about the evidence, its location and collection, prior testing results, and potential witnesses.
• Court findings to grant testing: the court must find that the requirements are met, evidence is properly controlled, the motion is timely, and testing could demonstrate actual innocence without delaying justice.
• Laboratory testing and costs: testing may be done by DFS or a mutually selected lab; labs must be accredited and follow QA standards; costs are paid by the petitioner or by dedicated funds if indigent, with specific fund assignments.
• Counsel for indigent petitioners: courts may appoint counsel solely for post-conviction DNA testing proceedings.
• Outcomes and appeals: if testing is inconclusive, the petition is dismissed; if testing conclusively supports innocence, a 60-day window is provided to seek post-conviction relief under Rule 32.1.
• Effective date: the act becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses