SB98 Alabama 2025 Session

Summary

Primary Sponsor

Robert L. StewartSenator

Democrat

Session

2025 Regular Session

Title

Criminal procedure; post-conviction DNA testing procedures of inmates, further provided

Summary

SB98 would let inmates convicted of capital or non-capital offenses seek post-conviction DNA testing without time limits and expand the process.

What This Bill Does

The bill broadens post-conviction DNA testing to include inmates convicted of both capital and non-capital offenses and removes any existing deadlines for filing such motions. It requires a written motion in circuit court with detailed information, and the court may order testing if the evidence is still available, testable, and would likely yield reliable results. Testing would be conducted by the Department of Forensic Sciences or an approved lab, with costs covered by the petitioner (or by state funds if the petitioner is indigent), and there are provisions to preserve evidence and handle potential post-conviction relief if results are favorable.

Who It Affects

• Inmates convicted of capital or non-capital offenses who are serving time and would be eligible to file a post-conviction DNA testing petition.
• The state, including prosecutors and the Department of Forensic Sciences, which would review, fund (in certain cases), conduct testing, and handle potential post-conviction relief filings.

Key Provisions

• Expands post-conviction DNA testing eligibility to inmates convicted of both capital and non-capital offenses and removes any time limits for filing such motions.
• Motions must be filed in the circuit court where the judgment of sentence was entered and may be granted if the evidence is available, testable, and not previously tested, and if testing could demonstrate innocence.
• Testing may be conducted by the Department of Forensic Sciences or a mutually agreed-upon, accredited laboratory; costs are paid by the petitioner or, for indigents, by state funding, including potential use of the Alabama DNA Database Fund.
• Requires preservation of biological material, detailed disclosures in the motion (including evidence custody, origin, and potential witnesses), and safeguards to ensure evidence integrity.
• If testing is inconclusive or unfavorable, the petition is dismissed; if testing shows innocence, the petitioner may seek post-conviction relief under Rule 32 within 60 days of notification of results.
• Notwithstanding other laws, the court must consider DNA testing motions without applying other timing limits; Rule 32.2(c) conflicts are superseded.
• The act becomes effective October 1, 2025.

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

Subjects

Courts & Judges; Criminal Procedure