SB266 Alabama 2021 Session

Summary

Primary Sponsor

Rodger Smitherman Senator

Democrat

Co-Sponsor

Arthur Orr

Session

Regular Session 2021

Title

Forensic DNA testing, provide for DNA testing in additional circumstances, provide for procedure, Sec. 15-18-200 am'd.

Description

Under existing law, only a petitioner convicted of capital murder may request forensic DNA testing of evidence from the investigation or trial.

This bill would allow additional petitioners to request forensic DNA testing of evidence by expanding the list of eligible crimes.

Under existing law, a court may grant a petitioner's request for DNA testing when the petitioner proves the testing would demonstrate the petitioner's factual innocence of the offense committed.

This bill would require a petitioner to demonstrate by reasonable probability that he or she would not have been convicted or would have received a lesser sentence in order to get a court to grant a request for DNA testing.

Under existing law, DNA testing is limited to previously untested evidence.

This bill would allow DNA testing for previously untested evidence or previously tested evidence in order to gain more probative results.

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Subjects

Criminal Procedure