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.

Statutes affected:
Introduced: 15-18-200