Senate Bill 161 Alabama 2026 Session

Summary

Primary Sponsor

Robert L. StewartSenator

Democrat

Session

2026 Regular Session

Title

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

Summary

SB161 would let inmates convicted of capital or noncapital offenses seek post-conviction DNA testing without time limits and set the procedures and funding for carrying out the tests.

What This Bill Does

It expands post-conviction DNA testing to inmates convicted of both capital and noncapital offenses and removes any filing deadlines. A circuit court would review a motion, notify the state, and may order testing if the evidence still exists, hasn’t been previously tested, and the testing method is generally accepted and eligible for FBI CODIS. Testing would be conducted by the Department of Forensic Sciences or an approved laboratory, with costs paid by the petitioner or, if indigent, by designated state funds, and labs must be accredited. If testing yields inconclusive results, the petition may be dismissed; if testing shows conclusive innocence, the petitioner may file a post-conviction relief petition within 60 days, and the court would consider it under Rule 32; the act would become effective October 1, 2026.

Who It Affects

• Inmates convicted of capital or noncapital offenses who are serving a term of imprisonment and may request post-conviction DNA testing.
• The state, circuit courts, prosecutors, forensic laboratories (including the Department of Forensic Sciences), and funding mechanisms (e.g., DNA databases and related funds) that would handle motions, oversee testing, preserve evidence, and pay testing costs.

Key Provisions

• Expands post-conviction DNA testing to inmates convicted of capital or noncapital offenses and removes time limits for motions.
• Allows a motion for testing if evidence is still available, can yield accurate results, and has not been previously tested (or could resolve an unresolved issue); testing type must be generally accepted and eligible for FBI CODIS.
• Requires preservation of remaining biological material and sets conditions for testing, including chain-of-custody and access to a mutually agreed-upon accredited laboratory.
• Costs of testing are paid by the petitioner or by state funds if indigent; DFS testing or funding from the Alabama DNA Database Fund may cover costs; laboratories must be accredited and comply with FBI standards.
• Court may appoint indigent counsel solely for the purpose of proceeding under this section; inconclusive results lead to dismissal, while conclusive innocence allows a new post-conviction relief petition within 60 days under Rule 32.1.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure