HB421 Alabama 2021 Session

Summary

Primary Sponsor

Victor Gaston

Republican

Co-Sponsors

Adline ClarkeBarbara DrummondChris EnglandJim HillChris Pringle

Session

Regular Session 2021

Title

Pardons and paroles, posthumous pardons, to further provide for who may be pardoned after death, Sec. 15-22-113 am'd.

Summary

HB421 would expand posthumous pardons for certain Class A or B felons by setting conditions tied to remedying social injustice related to racial discrimination and detailing who may petition and how the pardon is granted.

What This Bill Does

It establishes eligibility rules for posthumous pardons, requiring the person to be deceased, have offenses committed at least 80 years prior, not have received a pardon in life from this state, and for there to be a compelling reason connected to remedying social injustice and racial discrimination. Petitions must include attestations and supporting documentation showing eligibility, an intelligent case evaluation, the compelling reason, and truthfulness of information. The Board of Pardons and Paroles may hold a hearing and grant a posthumous pardon only with a unanimous affirmative vote, and notices must be posted on the state agency website rather than following certain other notification rules.

Who It Affects

• Deceased individuals convicted of Class A or B felonies who may become eligible for a posthumous pardon under the new criteria.
• Petitioners (often family members or advocates) who file petitions, provide required attestations and documentation, and participate in the posthumous pardon process.

Key Provisions

• Eligibility criteria: the person is deceased; there is a compelling reason to remedy social injustice related to racial discrimination; the person has not been pardoned in life by this state; offenses occurred at least 80 years before the petition.
• Petition requirements: must include attestations of eligibility, evidence of an intelligent case evaluation, the compelling reason for remedying racial injustice, and truthfulness of all information, plus supporting documentation.
• Board decision: the board has ultimate discretion and may grant only after a unanimous affirmative vote following a hearing.
• Hearing and evidence: a hearing will be held after review, with testimony allowed from petitioner, officials, and others, but the board may rely on the petition and hearing evidence without further investigation.
• Notice provisions: general notice of the hearing must be posted publicly on the state agency website; standard notification requirements in Sections 15-22-23 and 15-22-36 do not apply.
• Effective date: the act becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pardons and Paroles