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AL SB186
Bill
Status
2/13/2020
Primary Sponsor
Robert Ward
Click for details
AI Summary
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Limits DNA testing petitions to individuals convicted of specific felonies including murder, manslaughter, sexual assault, robbery, and burglary who are serving sentences or awaiting execution.
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Changes the standard for granting DNA testing from demonstrating "factual innocence" to showing a "reasonable probability" the petitioner would not have been convicted had favorable DNA results been available at trial.
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Extends the deadline for filing DNA testing motions from 12 months to 10 years after August 1, 2020, and changes court discretion from "may" to "shall" order testing when statutory requirements are met.
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Adds appellate rights allowing both the petitioner and the state to appeal court decisions on post-conviction DNA testing determinations.
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Establishes that testing costs are paid by the petitioner, or by the State Fair Trial Tax Fund or Alabama DNA Database Fund if the petitioner is indigent.
Legislative Description
Criminal procedure, petitions for DNA testing, procedures and standards revised, Sec. 15-18-200 am'd.
Crimes and Offenses
Last Action
Read for the first time and referred to the Senate committee on Judiciary
2/13/2020