SB190 Alabama 2024 Session

Summary

Primary Sponsor

Robert L. StewartSenator

Democrat

Session

Regular Session 2024

Title

Criminal procedure; post-conviction remedies, DNA testing for non-capital offenders authorized

Summary

SB190 would expand post-conviction DNA testing to inmates convicted of non-capital offenses and remove time limits on DNA-testing motions.

What This Bill Does

It allows non-capital offenders serving prison terms to request post-conviction forensic DNA testing and eliminates existing deadlines for such motions. It sets criteria for when testing can be ordered, outlines how evidence must be preserved, who conducts the testing, and who pays for it (with special funding provisions for indigent petitioners). If testing shows innocence, it creates a path to further relief; if inconclusive or unfavorable, the petition can be dismissed.

Who It Affects

• Inmates convicted of non-capital offenses who are serving a term of imprisonment and may file a motion for post-conviction DNA testing without time limits.
• Indigent petitioners and the state resources involved in conducting the testing (including the Department of Forensic Sciences, laboratories, and related funding mechanisms).

Key Provisions

• Amends Section 15-18-200 to allow non-capital offenders serving imprisonment to request forensic DNA testing on evidence that is still available and could demonstrate innocence.
• Deletes any time limitations for filing motions for post-conviction DNA testing.
• Requires the circuit court to notify the state and allow a response; the court may order testing if evidence exists, has not been tested, and testing could yield accurate results; the testing type must be generally accepted and eligible for FBI's National DNA Index System.
• Requires preservation of remaining biological material; if material is unavailable or testing is not possible, the court must dismiss the application without prejudice.
• Motions must include specific statements on how testing would prove innocence, descriptions of evidence to be tested, prior testing history, and potential witnesses.
• Testing must be conducted by the Department of Forensic Sciences or a mutually agreed laboratory, or a court-selected lab if there is no agreement; laboratories must be accredited and follow FBI Quality Assurance Standards.
• Costs of testing are paid by the petitioner; if the petitioner is indigent and the Department of Forensic Sciences performs the testing, costs may be paid from the Alabama DNA Database Fund or related funds; the court may appoint counsel for the indigent petitioner solely for this process.
• If testing yields inconclusive or unfavorable results, the petition is dismissed; if testing conclusively demonstrates innocence, the petitioner may file a post-conviction relief petition under Rule 32.1 within 60 days.
• The act contemplates the Alabama Supreme Court amending the Alabama Rules of Criminal Procedure to conform to the act, and it becomes effective October 1, 2024.

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

Subjects

Criminal Procedure