Hands Off Cain
NEWS ARCHIVE·DEATH PENALTY·JANUARY 21, 2014

USA - Alabama. 2 bills to make death penalty appeals more efficient approved by the Judiciary Committees

USA - Alabama. 2 bills to make death penalty appeals more efficient approved by the Judiciary Committees

2 MIN READ
2 bills in the Fair Justice Act package were approved by the Judiciary Committees of both the Alabama Senate and House of Representatives. The bills are to make death penalty appeals more efficient. The Fair Justice Act was developed in coordination with the Alabama District Attorneys Association. There are 2 separate bills to amend different parts of the death penalty law, both of which are sponsored by Rep. Lynn Greer, White and Republican, and Sen. Bill Holtzclaw, White and Republican. The 1st bill, HB 216 and SB 194, addresses the cumbersome and inefficient appeals process. Following a capital conviction, there is a period of "direct appeals" and only after these are fully completed - sometimes more than several years later - does the defendant begin the next round of appeals, which is a "Rule 32" petition for post-conviction relief. The Fair Justice Act requires capital defendants to file Rule 32 petitions within 180 days of filing their 1st direct appeal. Capital defendants would receive better representation by having their claims considered earlier in the process, and indigent defendants would be appointed counsel for the Rule 32 petition within 30 days of being sentenced. Finally, the Fair Justice Act calls for a final decision by the circuit court on the Rule 32 petition within 180 days after the direct appeal is completed. This act will make the appellate process more efficient while maintaining the same opportunities for court review and enhancing representation currently provided to death row defendants. The 2nd bill, HB 218 and SB 193, provides important protections for schoolchildren and certain others who are particularly vulnerable by expanding classifications for killings that may be prosecuted as capital offenses. These offenses would now include the murder of any person on a school campus, any person in a day care or child care facility, anyone who is covered by a "protection from abuse" order when the murder was committed for intimidation or retaliation for the order, and any family member of law enforcement or a public official when the murder was intended for intimidation or retaliation against the officer or official. The Fair Justice Act also makes it an aggravating circumstance to murder a law enforcement officer when the officer is acting in the line of duty.
SOURCES
  • (source: WTVY news, 22/01/2014)