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AL HB113
Bill
Status
1/14/2014
Primary Sponsor
Lynn Greer
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AI Summary
HB113 Summary
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Exempts death penalty cases from Rule 32.2(c) of Alabama Rules of Criminal Procedure and establishes specific filing deadlines for post-conviction relief petitions: 180 days after filing initial direct appeal brief or one year from death sentence, whichever applies.
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Requires direct appeal and post-conviction remedies to proceed concurrently in capital cases, with trial judges appointing appellate counsel for both within 30 days of pronouncing the death sentence.
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Prohibits filing or consideration of post-conviction petitions 180 days after final affirmation of death sentence on direct appeal, and requires courts to hear properly filed pending petitions within 180 days of that affirmation.
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Expands capital offenses to include murder of prosecutors, murder on school campuses, murder in day care facilities, murder during illegal narcotics transactions, murder of judges, murder motivated by gang/organized crime activity, and murder of family members of law enforcement or judges committed to avenge or retaliate.
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Becomes effective on the first day of the third month following passage and approval by the Governor.
Legislative Description
Criminal procedure, new classes of capital offense, reduce appeal time, Sec. 13A-5-40 am'd.
Crimes and Offenses
Last Action
Read for the first time and referred to the House of Representatives committee on Judiciary
1/14/2014