AL SB190

Expands post-conviction DNA testing eligibility to individuals convicted of non-capital offenses who are serving a term of imprisonment, in addition to those convicted of capital offenses.

Removes all time limitations for filing motions for post-conviction DNA testing, superseding the previous 12-month deadline from Act 2009-768 and Alabama Rules of Criminal Procedure Rule 32.2(c).

Requires DNA testing evidence to meet specific conditions: evidence must still exist and be testable, forensic DNA testing was not previously performed, and results would demonstrate factual innocence of the offense.

Allows indigent petitioners to have testing costs paid by the State Fair Trial Tax Fund or Alabama DNA Database Fund if using the Department of Forensic Sciences, with courts able to appoint counsel solely for DNA testing petitions.

Takes effect October 1, 2024, with legislative intent that the Alabama Supreme Court amend criminal procedure rules to conform to this act.