SB190 Alabama 2024 Session

Summary

Primary Sponsor

Robert L. Stewart Senator

Democrat

Session

Regular Session 2024

Title

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

Description

Under existing law, an individual convicted of a capital offense who is serving a term of imprisonment or awaiting execution may request a post-conviction DNA test upon petition meeting various requirements to the circuit court requesting the DNA testing and a finding by the court that the specific evidence that is the subject of the DNA testing is still in existence, the evidence was not previously subject to DNA testing.

Existing law also provides that an individual convicted of a capital offense must make a motion to apply for post-conviction DNA testing as provided by the Alabama Rules of Criminal Procedure or within 12 months of the enactment of the original act (Act 2009-768.

This bill would provide that an individual convicted of a non-capital offense who is serving a term of imprisonment may request a post-conviction DNA test.

This bill would delete any time limitations currently existing for motions for post-conviction DNA testing.

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Subjects

Criminal Procedure