SB 161

SB161 INTRODUCED
1 SB161
2 I3YKQ66-1
3 By Senators Stewart, Coleman-Madison, Smitherman, Coleman,
4 Figures, Orr, Stutts, Jones, Hatcher, Singleton
5 RFD: Judiciary
6 First Read: 14-Jan-26
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I3YKQ66-1 01/13/2026 CMH (L)bm 2026-118
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4 SYNOPSIS:
5Under existing law, an individual convicted of a
6capital offense who is serving a term of imprisonment
7or awaiting execution may request a post-conviction DNA
8test of specific evidence, upon petition meeting
9various requirements, to the circuit court. The court
10must order the DNA test upon a finding by the court
11that the specific evidence that is the subject of the
12DNA testing is still in existence and the evidence was
13not previously subject to DNA testing.
14Existing law also provides that an individual
15convicted of a capital offense must make a motion to
16apply for post-conviction DNA testing as provided by
17the Alabama Rules of Criminal Procedure or within 12
18months of the enactment of the original act (Act
192009-768).
20This bill would provide that an individual
21convicted of a capital or noncapital offense who is
22serving a term of imprisonment may request a
23post-conviction DNA test and would delete any time
24limitations currently existing for motions for
25post-conviction DNA testing.
26
27
28A BILL
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29TO BE ENTITLED
30AN ACT
31
32Relating to criminal procedure; to amend Section
33 15-18-200, Code of Alabama 1975, to provide for
34 post-conviction DNA testing of inmates convicted of noncapital
35 offenses; and to remove any time limitations on motions for
36 such post-conviction relief.
37 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
38Section 1. Section 15-18-200, Code of Alabama 1975, is
39 amended to read as follows:
40"§15-18-200
41(a) An individual convicted of a capitalany offense who
42 is serving a term of imprisonment or awaiting execution of a
43 sentence of death, through written motion to the circuit court
44 that entered the judgment of sentence, may apply for the
45 performance of forensic deoxyribonucleic acid (DNA) testing on
46 specific evidence as provided in this section, if that
47 evidence was secured in relation to the investigation or
48 prosecution that resulted in the conviction of the applicant,
49 is still available for testing as of the date of the motion,
50 forensic DNA testing was not performed on the case at the time
51 of the initial trial, and the results of the forensic DNA
52 testing, on its face, would demonstrate the convicted
53 individual's factual innocence of the offense convicted. The
54 filing of athe motion as provided in this subsection shall not
55 automatically stay an execution of a death sentence.
56(b) Upon receipt of a motion for DNA testing, the
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57 circuit court shall notify the state and shall afford the
58 state an opportunity to respond to the motion.
59(c) After notice to the state and an opportunity to
60 respond, the circuit court may order forensic DNA testing and
61 analysis if the court finds that all of the following apply:
62(1) The specific evidence which the petitioner has
63 requested be subject to forensic DNA testing and analysis is
64 still in existence and is in a condition that allows forensic
65 DNA testing and analysis to be conducted which would yield
66 accurate and reliable results.
67(2) The evidence was not previously subjected to
68 nuclear forensic DNA testing or was not subjected to another
69 forensic DNA technology, and which may resolve an issue not
70 previously resolved by any prior forensic DNA testing and
71 analysis. The type of forensic DNA testing requested must be
72 generally accepted in the forensic community with the results
73 eligible for inclusion in the National DNA Index System of the
74 Federal Bureau of Investigation (FBI).
75(d)(c) Upon receipt of a motion for DNA testing or
76 notice of a motion for DNA testing, the state and the circuit
77 court shall take any steps reasonably necessary to ensure that
78 any remaining biological material in the possession of either
79 the state or the court is preserved pending the completion of
80 proceedings under this section. In the event biological
81 material is not available or that reliable testing is not
82 possible due to the condition or absence of the biological
83 material, the court shall dismiss the applicationmotion
84 without prejudice.
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85(e)(d) A motion for DNA testing shall contain all of
86 the following items:
87(1) A clear and specific statement of how the requested
88 forensic DNA testing would prove the factual innocence of the
89 petitioner of the offense for which the petitioner was
90 convicted, under penalty of perjury.
91(2) A statement of the specific evidence that was
92 secured in relation to the investigation or prosecution that
93 resulted in the conviction of the petitioner to be tested,
94 which shall include a statement that:
95a. The evidence, which potentially contains DNA, was
96 obtained in relation to the crime and subsequent indictment,
97 which resulted in the petitioner's conviction.
98b. The evidence was not subjected to DNA testing
99 because the existence of the evidence was unknown to the
100 petitioner or to the petitioner's trial attorney prior to
101 trial or because the technology for the testing was not
102 available at the time of trial.
103c. A description of the evidence to be tested and, if
104 known, its present location, its origin and the date, time,
105 and means of its original collection.
106d. The results of any DNA or other biological evidence
107 testing that was conducted in relation to the investigation or
108 prosecution that resulted in the conviction of the petitioner
109 and entered as evidence at trial by either the prosecution or
110 the defense, if known.
111e. If known, the names, addresses, and telephone
112 numbers of all personsindividuals or entities who are known or
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113 believed to have possession of any evidence described by
114 paragraph a. or b., and any personsindividuals or entities who
115 have provided any of the information contained in the
116 petitioner's motion, indicating which personindividual or
117 entity has which items of evidence or information.
118f. The names, addresses, and telephone numbers of all
119 personsindividuals or entities who may potentially testify for
120 the petitioner and a description of the subject matter and
121 summary of the facts to which each personindividual or entity
122 may testify in the event the circuit court determines an
123 evidentiary hearing would be appropriate.
124(3) Prima facie evidence demonstrating that the
125 identity of the perpetrator was at issue in the trial that
126 resulted in the conviction of the petitioner and that DNA
127 testing of the specified evidence would, assuming exculpatory
128 results, would demonstrate the factual innocence of the
129 applicantpetitioner of the offense for which the petitioner
130 was convicted.
131(f)(e)(1) Except as provided in subdivision (2), the
132 circuit court shall order the testing requested in a motion
133 for DNA testing, under reasonable conditions designed to
134 protect the interest of the state and the integrity of the
135 evidence and testing process, upon a determination, after
136 review of the record of the trial of the applicant, of all of
137 the followingthat all of the following conditions have been
138 satisfied:
139a. That theThe requirements of subsection (c)(d) have
140 been met.
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141b. That theThe evidence to be tested is in the
142 possession of the state or the court and has been subject to a
143 chain of custody sufficient to establish that it has not been
144 altered in any material respect.
145c. That the motion is made in a timely manner pursuant
146 to the Alabama Rules of Criminal Procedure Rule 32.2(c), or
147 within 12 months of August 1, 2009.
148d. That thec. The motion is for the purpose of
149 demonstrating the actual innocence of the applicant and not to
150 delay the execution of sentence or administration of justice.
151(2) The court may not order the testing requested in a
152 motion for DNA testing if, after review of the petition, the
153 state's response, if required, and the record of the trial of
154 the applicant, the court determines that there is no
155 reasonable possibility that the testing will produce
156 exculpatory evidence that would exonerate the applicant of the
157 offense for which the applicant was convicted.
158(f) Notwithstanding any provision of law to the
159 contrary, when considering a motion for DNA testing, the court
160 shall not give consideration to any limitations period that
161 may otherwise be provided for by law. To the extent that Rule
162 32.2(c) of the Alabama Rules of Criminal Procedure is in
163 conflict with this subsection, that rule is hereby superseded.
164(g)(1) Any DNA testing ordered under this section shall
165 be conducted by the Department of Forensic Sciences or a
166 laboratory mutually selected by the state and the petitioner,
167 or if the state and the applicant are unable to agree on a
168 laboratory, a laboratory selected by the court that ordered
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169 the testing. Any laboratory selected to conduct the testing
170 shall be accredited by a national forensic organization and
171 operate in compliance with the Quality Assurance Standards for
172 Forensic DNA Testing Laboratories issued by the Director of
173 the FBI.
174(2) The costs of any testing ordered under this section
175 shall be paid by the applicantpetitioner, or in the case of an
176 applicanta petitioner who is indigent, and if the testing is
177 not performed by the Department of Forensic Sciences, by the
178 State Fair Trial Tax Fund as ordered by the court. If an
179 applicanta petitioner is deemed by the circuit court to be
180 indigent and the circuit court orders the Department of
181 Forensic Sciences to perform the forensic DNA testing and
182 analysis, then the costs of testing ordered under this section
183 shall be paid from the Alabama DNA Database Fund, as created
184 in Section 36-18-32.
185(3)(h) The circuit court may appoint counsel for an
186 indigent petitioner solely for the purpose of proceeding under
187 this section, provided nothing in this subsection
188 shallprovision providing for post-conviction DNA testing. This
189 provision is not to be construed as creating the right to the
190 appointment of counsel for an Alabama Rules of Criminal
191 Procedure Rule 32 post-conviction appeal and is to. The
192 representation of the appointed counsel shall be limited to
193 the sole issue of petitioning for possible post-conviction DNA
194 testing.
195(h)(i)(1) If the DNA testing conducted under this
196 section produces inconclusive evidence or evidence that is
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197 unfavorable to the petitioner, the court shall dismiss the
198 petition.
199(2) If the DNA testing conducted under this section
200 produces conclusive evidence of the petitioner's factual
201 innocence of the offense convicted, the petitioner, during a
202 60-day period beginning on the date on which the petitioner is
203 notified of the test results, may file a petition to the
204 circuit court that ordered the testing for post-conviction
205 relief pursuant to Rule 32.1 of the Alabama Rules of Criminal
206 Procedure. Upon receipt of a petition, the circuit court that
207 ordered the testing shall consider the petition pursuant to
208 Rule 32, et seq. of the Alabama Rules of Criminal Procedure."
209Section 2. This act shall become effective on October
210 1, 2026.
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