SB98INTRODUCED
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SB98
73GC2EV-1
By Senators Stewart, Hatcher, Coleman, Coleman-Madison, Jones,
Smitherman, Singleton, Figures, Stutts, Orr
RFD: Judiciary
First Read: 05-Feb-25
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6 73GC2EV-1 12/31/2024 CMH (L)lg 2024-3284
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First Read: 05-Feb-25
SYNOPSIS:
Under existing law, an individual convicted of a
capital offense who is serving a term of imprisonment
or awaiting execution may request a post-conviction DNA
test of specific evidence, upon petition meeting
various requirements, to the circuit court. The court
must order the DNA test upon a finding by the court
that the specific evidence that is the subject of the
DNA testing is still in existence and the evidence was
not previously subject to DNA testing.
Existing law also provides that an individual
convicted of a capital offense must make a motion to
apply for post-conviction DNA testing as provided by
the Alabama Rules of Criminal Procedure or within 12
months of the enactment of the original act (Act
2009-768).
This bill would provide that an individual
convicted of a capital or non-capital offense who is
serving a term of imprisonment may request a
post-conviction DNA test and would delete any time
limitations currently existing for motions for
post-conviction DNA testing.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Section
15-18-200, Code of Alabama 1975, to provide for
post-conviction DNA testing of inmates convicted of
non-capital offenses; and to remove any time limitations on
motions for such post-conviction relief.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-18-200, Code of Alabama 1975, is
amended to read as follows:
"ยง15-18-200
(a)(1) An individual convicted of a capitalany offense
who is serving a term of imprisonment or awaiting execution of
a sentence of death, through written motion to the circuit
court that entered the judgment of sentence, may apply for the
performance of forensic deoxyribonucleic acid (DNA) testing on
specific evidence as provided in this section , if that
evidence was secured in relation to the investigation or
prosecution that resulted in the conviction of the applicant,
is still available for testing as of the date of the motion,
forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA
testing, on its face, would demonstrate the convicted
individual's factual innocence of the offense convicted . The
filing of athe motion as provided in this subsection shall not
automatically stay an execution of a death sentence .
(b) Upon receipt of a motion for DNA testing, the
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(b) Upon receipt of a motion for DNA testing, the
circuit court shall notify the state and shall afford the
state an opportunity to respond to the motion.
(c) After notice to the state and an opportunity to
respond, the circuit court may order forensic DNA testing and
analysis if the court finds that all of the following apply:
(1) The specific evidence which the petitioner has
requested be subject to forensic DNA testing and analysis is
still in existence and is in a condition that allows forensic
DNA testing and analysis to be conducted which would yield
accurate and reliable results.
(2) The evidence was not previously subjected to
nuclear forensic DNA testing or was not subjected to another
forensic DNA technology, and which may resolve an issue not
previously resolved by any prior forensic DNA testing and
analysis. The type of forensic DNA testing requested must be
generally accepted in the forensic community with the results
eligible for inclusion in the National DNA Index System of the
Federal Bureau of Investigation (FBI).
(d)(c) Upon receipt of a motion for DNA testing or
notice of a motion for DNA testing , the state and the circuit
court shall take any steps reasonably necessary to ensure that
any remaining biological material in the possession of either
the state or the court is preserved pending the completion of
proceedings under this section. In the event biological
material is not available or that reliable testing is not
possible due to the condition or absence of the biological
material, the court shall dismiss the applicationmotion
without prejudice.
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without prejudice.
(e)(d) A motion for DNA testing shall contain all of
the following items:
(1) A clear and specific statement of how the requested
forensic DNA testing would prove the factual innocence of the
petitioner of the offense for which the petitioner was
convicted, under penalty of perjury.
(2) A statement of the specific evidence that was
secured in relation to the investigation or prosecution that
resulted in the conviction of the petitioner to be tested,
which shall include a statement that:
a. The evidence, which potentially contains DNA, was
obtained in relation to the crime and subsequent indictment,
which resulted in the petitioner's conviction.
b. The evidence was not subjected to DNA testing
because the existence of the evidence was unknown to the
petitioner or to the petitioner's trial attorney prior to
trial or because the technology for the testing was not
available at the time of trial.
c. A description of the evidence to be tested and, if
known, its present location, its origin and the date, time,
and means of its original collection.
d. The results of any DNA or other biological evidence
testing that was conducted in relation to the investigation or
prosecution that resulted in the conviction of the petitioner
and entered as evidence at trial by either the prosecution or
the defense, if known.
e. If known, the names, addresses, and telephone
numbers of all persons or entities who are known or believed
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numbers of all persons or entities who are known or believed
to have possession of any evidence described by paragraph a.
or b., and any persons individuals or entities who have
provided any of the information contained in the petitioner's
motion, indicating which individual person or entity has which
items of evidence or information.
f. The names, addresses, and telephone numbers of all
personsindividuals or entities who may potentially testify
for the petitioner and a description of the subject matter and
summary of the facts to which each personindividual or entity
may testify in the event the circuit court determines an
evidentiary hearing would be appropriate.
(3) Prima facie evidence demonstrating that the
identity of the perpetrator was at issue in the trial that
resulted in the conviction of the petitioner and that DNA
testing of the specified evidence would, assuming exculpatory
results, would demonstrate the factual innocence of the
applicantpetitioner of the offense for which the petitioner
was convicted.
(f)(e)(1) Except as provided in subdivision (2), the
circuit court shall order the testing requested in a motion
for DNA testing, under reasonable conditions designed to
protect the interest of the state and the integrity of the
evidence and testing process, upon a determination, after
review of the record of the trial of the applicant, of all of
the followingthat all of the following conditions have been
satisfied:
a. That theThe requirements of subsection (c)(d) have
been met.
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been met.
b. That theThe evidence to be tested is in the
possession of the state or the court and has been subject to a
chain of custody sufficient to establish that it has not been
altered in any material respect.
c. That the motion is made in a timely manner pursuant
to the Alabama Rules of Criminal Procedure Rule 32.2(c), or
within 12 months of August 1, 2009.
d. That thec. The motion is for the purpose of
demonstrating the actual innocence of the applicant and not to
delay the execution of sentence or administration of justice.
(2) The court may not order the testing requested in a
motion for DNA testing if, after review of the petition, the
state's response, if required, and the record of the trial of
the applicant, the court determines that there is no
reasonable possibility that the testing will produce
exculpatory evidence that would exonerate the applicant of the
offense for which the applicant was convicted.
(f) Notwithstanding any provision of law to the
contrary, when considering a motion for DNA testing, the court
shall not give consideration to any limitations period that
may otherwise be provided for by law. To the extent that Rule
32.2(c) of the Alabama Rules of Criminal Procedure is in
conflict with this subdivision, that rule is hereby
superseded.
(g)(1) Any DNA testing ordered under this section shall
be conducted by the Department of Forensic Sciences or a
laboratory mutually selected by the state and the petitioner,
or if the state and the applicant are unable to agree on a
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or if the state and the applicant are unable to agree on a
laboratory, a laboratory selected by the court that ordered
the testing. Any laboratory selected to conduct the testing
shall be accredited by a national forensic organization and
operate in compliance with the Quality Assurance Standards for
Forensic DNA Testing Laboratories issued by the Director of
the FBI.
(2) The costs of any testing ordered under this section
shall be paid by the applicantpetitioner, or in the case of an
applicanta petitioner who is indigent, and if the testing is
not performed by the Department of Forensic Sciences, by the
State Fair Trial Tax Fund as ordered by the court. If an
applicanta petitioner is deemed by the circuit court to be
indigent and the circuit court orders the Department of
Forensic Sciences to perform the forensic DNA testing and
analysis, then the costs of testing ordered under this section
shall be paid from the Alabama DNA Database Fund, as created
in Section 36-18-32.
(3)(h) The circuit court may appoint counsel for an
indigent petitioner solely for the purpose of proceeding under
this section; provided, nothing in this subsection
shallprovision providing for post-conviction DNA testing. This
provision is not to be construed as creating the right to the
appointment of counsel for an Alabama Rules of Criminal
Procedure Rule 32 post-conviction appeal and is to. The
representation of the appointed counsel shall be limited to
the sole issue of petitioning for possible post-conviction DNA
testing.
(h)(i)(1) If the DNA testing conducted under this
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(h)(i)(1) If the DNA testing conducted under this
section produces inconclusive evidence or evidence that is
unfavorable to the petitioner, the court shall dismiss the
petition.
(2) If the DNA testing conducted under this section
produces conclusive evidence of the petitioner's factual
innocence of the offense convicted, the petitioner, during a
60-day period beginning on the date on which the petitioner is
notified of the test results, may file a petition to the
circuit court that ordered the testing for post-conviction
relief pursuant to Rule 32.1 of the Alabama Rules of Criminal
Procedure. Upon receipt of a petition, the circuit court that
ordered the testing shall consider the petition pursuant to
Rule 32, et seq. of the Alabama Rules of Criminal Procedure."
Section 2. It is the intent of the Legislature in
enacting this act that, pursuant to Section 150 of the
Constitution of Alabama of 2022, the Alabama Supreme Court
would amend the Alabama Rules of Criminal Procedure to conform
to this act.
Section 3. This act shall become effective on October
1, 2025.
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