HB104 Alabama 2022 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Victor Gaston
Republican
Session: Regular Session 2022
Title: Pardons, posthumous pardons persons convicted of a Class A or B felony, to further provide for pardons after death, to delete requirement of granting based on racial discrimination, Sec. 15-22-113 am'd.
Summary: HB104 creates a pathway for posthumous pardons for Class A or B felons to address social injustices tied to racial discrimination, with a board-led review and specific eligibility rules.
What This Bill Does
It amends Section 15-22-113 to allow a posthumous pardon for a deceased person convicted of a Class A or B felony if the acts occurred at least 80 years before the petition, there is a compelling reason to remedy social injustice tied to racial discrimination, and the person did not receive a pardon in life. Petitions must include attestations of eligibility, an intelligent evaluation of the case, the compelling reasons, and truthfulness, plus supporting documentation. The Alabama Pardons and Paroles Board would hold a hearing, consider evidence and witnesses, and may grant a posthumous pardon only with a unanimous affirmative vote. The board's notification requirements are adjusted to publicly post hearing details on the state agency website, and the act becomes effective on the first day of the third month after it is signed into law.

Who It Affects
Families or estates of deceased individuals convicted of Class A or B felonies who meet the criteria and may petition for a posthumous pardon.
The Alabama Pardons and Paroles Board, which would review petitions, hold hearings, and make the final decision on granting posthumous pardons (unanimous vote required).

Key Provisions
Eligibility criteria: the person is deceased, the acts occurred at least 80 years before the petition, there is a compelling reason to remedy social injustice related to racial discrimination, and the person did not receive a pardon in life.
Petition requirements: must include attestations of eligibility, an intelligent evaluation of the case, the compelling reason(s) for remedying racial discrimination, and truthfulness, plus supporting documentation.
Board process: the Pardons and Paroles Board conducts a hearing, may rely on the petition and evidence, and can grant a posthumous pardon only with a unanimous affirmative vote.
Notification and publicity: standard notice provisions do not apply; the board will publicly post hearing information on the state agency website.
Effective date: the act takes effect on the first day of the third month after it is signed into law.

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 ParolesPardons and Paroles Board