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AL HB216

Bill

Status

Introduced

1/14/2014

Primary Sponsor

Lynn Greer

Click for details

Origin

House of Representatives

Regular Session 2014

AI Summary

HB 216 Summary

  • Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to capital murder cases where a defendant is sentenced to death and files a post-conviction relief petition.

  • Direct appellate remedies and post-conviction remedies must be pursued concurrently in death penalty cases, with separate counsel appointed for each within 30 days of the death sentence.

  • Petitions for post-conviction relief in capital cases must be filed within 180 days of the appellant's first brief on direct appeal, with one possible 90-day extension for good cause.

  • Circuit courts must issue orders on post-conviction petitions within 90 days of the state's answer, and final orders within 180 days if the petition is still pending when direct appeal concludes.

  • The bill applies only to defendants sentenced to death after the effective date and becomes effective on the first day of the third month following passage and approval.

Legislative Description

Criminal procedure, new classes of capital offense, reduce appeal time, Fair Justice Act

Crimes and Offenses

Last Action

Judiciary first Amendment Offered

4/1/2014

Committee Referrals

Judiciary1/14/2014

Full Bill Text

No bill text available