SB377 - Alabama Racial Justice Act Summary

• Prohibits imposing or executing a death sentence if obtained on the basis of race.

• Allows defendants to establish race was a significant factor in seeking or imposing the death penalty during the period from 10 years before the offense to 2 years after sentencing.

• Requires defendants to knowingly and voluntarily waive objections to life imprisonment without parole as a condition for filing a race-based challenge.

• Places burden of proof on defendant to demonstrate race was a significant factor, with state allowed to present rebuttal evidence including statistical data; notes that statistics alone are insufficient.

• Requires courts to vacate death sentences and resentence defendants to life imprisonment without possibility of parole if race is found to be a significant factor.