HB260 - Fair Justice Act Summary

• Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to capital murder cases in which a defendant is sentenced to death and files for post-conviction relief under specified grounds.

• Direct appeals and post-conviction remedies must be pursued concurrently and simultaneously in death penalty cases, with trial courts required to appoint separate counsel for each within 30 days of the death sentence.

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

• Circuit courts must issue orders within 90 days of the state's answer determining which claims should be dismissed and which should proceed to hearing, with final orders due within 180 days of issuance of the Certificate of Judgment on direct appeal.

• Late or failed petitions trigger a process allowing courts to find good cause and extend deadlines, dismiss the petition, or appoint new counsel with a new 270-day filing deadline.