HB423 Summary

• Establishes the Alabama Innocence Inquiry Commission as an independent commission within the Administrative Office of Courts with 8 voting members representing judges, district attorneys, defense lawyers, victims, sheriffs, and public members.

• Creates a procedure allowing felony-convicted persons to petition the commission to present credible, verifiable evidence of innocence not previously presented at trial or postconviction proceedings, requiring the convicted person to waive certain procedural safeguards and agree to cooperate with the commission.

• Authorizes the commission to conduct inquiries, subpoena witnesses, and refer cases with sufficient evidence of innocence to a three-judge panel for judicial review, requiring unanimous agreement by the panel to dismiss charges based on clear and convincing evidence of innocence.

• Ensures victim notification and participation rights throughout the commission process and allows the Attorney General to appoint a special prosecutor if prosecutorial misconduct is found.

• Imposes a moratorium on all executions in Alabama until June 1, 2017, and requires the commission to submit annual funding reports to the House and Senate Judiciary Committees.