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AL SB247

Bill

Status

Introduced

1/21/2014

Primary Sponsor

Hank Sanders

Click for details

Origin

Senate

Regular Session 2014

AI Summary

  • Establishes the Alabama Racial Justice Act, prohibiting death sentences or executions obtained on the basis of race.

  • Allows defendants to challenge death sentences by proving race was a significant factor in decisions to seek or impose death penalty, with the relevant timeframe defined as 10 years prior to the offense through 2 years after sentence imposition.

  • Requires defendants to waive objections to life imprisonment without parole as a condition for filing motions under this section, with the waiver documented in writing and confirmed by court inquiry if a hearing is held.

  • Permits evidence including statistical data from the defendant's county or prosecutorial district, testimony from criminal justice system participants, and evidence regarding peremptory challenges during jury selection, though statistical evidence alone is insufficient to establish race as a significant factor.

  • Upon finding that race was a significant factor, the court must vacate the death sentence and resentence the defendant to life imprisonment without possibility of parole.

Legislative Description

Criminal procedure, death penalty, death row inmates' right to challenge death sentence if obtained on basis of race

Criminal Law and Procedure

Last Action

Read for the first time and referred to the Senate committee on Judiciary

1/21/2014

Committee Referrals

Judiciary1/21/2014

Full Bill Text

No bill text available