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AL SB237
Bill
Status
4/7/2016
Primary Sponsor
Dick Brewbaker
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AI Summary
SB237 Summary
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Establishes the Alabama Innocence Inquiry Commission as an independent body under the Administrative Office of Courts to investigate claims of factual innocence in capital cases with credible, verifiable evidence not previously presented at trial.
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Commission consists of nine voting members appointed by various entities including the Circuit Judges Association, District Attorneys Association, Alabama Criminal Defense Lawyers Association, Governor, and legislative leaders, with emphasis on racial, gender, geographic, and economic diversity.
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Authorizes the commission to conduct formal inquiries only after obtaining a signed waiver of procedural safeguards from the convicted person, with a 90-day initial review period (extendable 60 days) to decide whether to proceed with investigation.
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If five or more of nine commission members find sufficient evidence of innocence (or all nine in guilty plea cases), the case is referred to a three-judge panel appointed by the Chief Justice to conduct an evidentiary hearing and determine by unanimous vote whether the convicted person proved innocence by clear and convincing evidence.
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Prohibits setting execution dates for individuals while their cases are pending before the commission and requires annual reporting to House and Senate Judiciary Committees on funding needs.
Legislative Description
Innocence Inquiry Commission, creation within Administrative Office of Courts, duties, review of by felony conviction upon presentation of verifiable evidence of innocence not previously presented, referral to court of original jurisdiction for review
Innocence Inquiry Commission
Last Action
Engrossed
4/12/2016