Bill
Bill > SB187
AL SB187
AL SB187Criminal procedure, appeals of capital murder cases when defendant sentenced to death, appeal time reduced, post conviction remedies pursued with direct appeal, Fair Justice Act
summary
Introduced
02/14/2017
02/14/2017
In Committee
04/18/2017
04/18/2017
Crossed Over
04/18/2017
04/18/2017
Passed
05/18/2017
05/18/2017
Dead
Signed/Enacted/Adopted
05/18/2017
05/18/2017
Introduced Session
Regular Session 2017
Bill Summary
Criminal procedure, appeals of capital murder cases when defendant sentenced to death, appeal time reduced, post conviction remedies pursued with direct appeal, Fair Justice Act
AI Summary
This bill, known as the "Fair Justice Act," aims to reform the criminal appeals process for defendants convicted of capital murder and sentenced to death in Alabama. The key provisions are:
1. Post-conviction remedies (e.g., appeals) in death penalty cases must be pursued concurrently with the direct appeal, rather than sequentially. The court must appoint separate counsel for post-conviction relief within 30 days of the death sentence.
2. The time limit for filing a post-conviction petition is reduced to 365 days from the filing of the defendant's first brief on direct appeal, with a possible 90-day extension for good cause.
3. The court must issue an order within 90 days of the post-conviction petition filing, either dismissing certain claims or setting an evidentiary hearing. If the petition is still pending at the time of the direct appeal's certificate of judgment, the court must issue a final order within 180 days.
4. The bill applies to any defendant sentenced to death after the effective date of the act, which is the first day of the third month following its passage and approval by the Governor.
Committee Categories
Justice
Sponsors (1)
Last Action
Assigned Act No. 2017-417. (on 05/18/2017)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...