SB266 Alabama 2021 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

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.

Summary

SB266 broadens who can seek DNA testing in Alabama criminal cases, expands the types of evidence that can be tested, and sets new procedures and funding rules for post-conviction DNA testing.

What This Bill Does

Allows petitioners convicted of offenses beyond capital murder to request forensic DNA testing on evidence from their case. Requires the petitioner to show a reasonable probability that testing would demonstrate innocence or a lesser sentence, and permits testing of either previously untested evidence or previously tested evidence to obtain more informative results. Establishes who orders and conducts testing (Department of Forensic Sciences or an agreed lab), sets evidence preservation and chain-of-custody requirements, and provides funding mechanisms; also includes retroactive testing in certain circumstances and potential post-conviction relief if the test results prove innocence.

Who It Affects

• Petitioners: individuals convicted of eligible offenses who want post-conviction DNA testing and may have funding or counsel supports if indigent.
• State, courts, and forensic laboratories: oversee motions, respond to requests, conduct or supervise testing, preserve evidence, ensure lab accreditation, and determine funding and procedural compliance.

Key Provisions

• Expands eligible crimes for post-conviction DNA testing beyond capital murder to a broad list of offenses (including various levels of murder, manslaughter, assault, rape, sodomy, sexual offenses, burglary, robbery, etc.).
• Requires a petitioner to show a reasonable probability that testing would demonstrate innocence or result in a lesser sentence, and allows testing of either untested or previously tested evidence to gain more probative results.
• Allows testing of evidence that is still in existence and testable; if evidence is unavailable or testing is not possible, the court may dismiss the motion without prejudice.
• Testing must be performed by the Department of Forensic Sciences or a mutually agreed laboratory that is accredited and meets FBI quality standards.
• Costs: the petitioner pays testing costs unless indigent and the testing is not performed by DFS, in which case the state funds may cover costs; specific funding sources include the Fair Trial Tax Fund and the Alabama DNA Database Fund.
• Provides for preservation of remaining biological material and ensures chain-of-custody integrity; if custody is insufficient, testing may be limited or denied.
• Allows additional testing, third-party elimination sampling, and disclosure of laboratory reports and underlying data; the court can determine the type of DNA analysis and procedures to follow.
• If testing shows inconclusive results, the petition may be dismissed; if it shows conclusive innocence, the petitioner may seek post-conviction relief under Rule 32.1, with the court conducting appropriate proceedings.
• Appoints counsel for indigent petitioners solely for post-conviction DNA testing purposes; not a general right to counsel for all post-conviction appeals.
• Notwithstanding other laws, a motion for DNA testing is not subject to a statute of limitations if requirements are met.
• Both petitioner and state have the right to appeal court decisions regarding post-conviction DNA testing.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

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

Subjects

Criminal Procedure