SB98 Summary

• Expands post-conviction DNA testing eligibility to individuals convicted of any offense (not just capital offenses) who are serving a term of imprisonment.

• Removes all time limitations on motions for post-conviction DNA testing, eliminating the previous 12-month deadline from Act 2009-768.

• Requires courts to disregard any statute of limitations when considering DNA testing motions, superseding Alabama Rules of Criminal Procedure Rule 32.2(c).

• Maintains existing requirements that DNA testing must demonstrate factual innocence, evidence must still exist and be testable, and testing must not have been previously performed on the case.

• Becomes effective October 1, 2025, with legislative intent for the Alabama Supreme Court to amend criminal procedure rules to conform with this act.