HB423 Alabama 2016 Session

This bill would create the Alabama Innocence Inquiry Commission within the Administrative Office of Courts and would provide for the duties and functions of the commission

This bill would establish a procedure by which a person convicted of a felony could petition for a hearing before the commission in order to present credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief

This bill would authorize the commission to hear the evidence and, at its discretion, refer the case back to the court of original jurisdiction for additional judicial review

This bill would specify that there is a moratorium on executions until June 1, 2017

To create the Alabama Innocence Inquiry Commission within the Administrative Office of Courts; to provide for the duties and functions of the commission; to authorize the commission to order judicial review of certain cases in which there is found to exist credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief; and to provide for a moratorium on certain executions. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. There is established the Alabama Innocence Inquiry Commission. The commission shall be an independent commission under the Administrative Office of Courts for administrative purposes. The Administrative Office of Courts shall provide administrative support to the commission as needed. The Director of the Administrative Office of Courts shall not reduce or modify the budget of the commission or use funds appropriated to the commission without the approval of the commission. Section 2. For purposes of this act, the following words have the following meanings: (1) CLAIMANT. A person asserting that he or she is completely innocent of any criminal responsibility for a felony crime upon which the person was convicted. (2) CLAIM OF FACTUAL INNOCENCE. A claim on behalf of a living person convicted of a felony in Alabama, asserting the complete innocence of any criminal responsibility for the felony for which the person was convicted relating to the crime, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at an evidentiary hearing granted through postconviction relief. (3) COMMISSION. The Alabama Innocence Inquiry Commission established by this act. (4) DIRECTOR. The Director of the Alabama Innocence Inquiry Commission. (5) VICTIM. The victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim. Section 3. This act establishes an extraordinary procedure to investigate and determine credible claims of factual innocence that shall require an individual to voluntarily waive rights and privileges as described in this act. Section 4. (a) The commission shall consist of eight voting members as follows: (1) One circuit court judge appointed by the Circuit Judges Association. (2) One district attorney appointed by the District Attorneys Association. (3) One victim advocate appointed by the Governor. (4) One person engaged in the practice of criminal defense law appointed by the Alabama Criminal Defense Lawyers Association. (5) One member of the public who is not an attorney and who is not an officer or employee of the judicial branch of government appointed by the Governor. (6) One sheriff appointed by the Alabama Sheriffs Association. (7) One member appointed by the President Pro Tempore of the Senate. (8) One member appointed by the Speaker of the House of Representatives. (b) To the extent possible, the makeup of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. (c) The circuit court judge who is appointed as a member under subsection (a) shall serve as chair of the commission. The commission shall have its initial meeting no later than 30 days after the effective date of this act, at the call of the chair. The commission shall meet a minimum of once every six months and may also meet more often at the call of the chair. The commission shall meet at such time and place as designated by the chair. A majority of the members shall constitute a quorum. (d) Each member shall be appointed to a term of three years. Members serving by virtue of elective or appointed office may serve only so long as they hold those respective offices. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed. Section 5. The members of the commission, while engaged in the performance of their duties outside the counties of their residence or in attending meetings of the commission, shall be reimbursed as authorized by law for per diem and mileage as provided by Article 2 of Chapter 7 of Title 36, Code of Alabama 1975. Section 6. (a) The commission shall employ a director. The director shall be an attorney licensed to practice in the state at the time of appointment and at all times during service as director. The director shall assist the commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all case investigations, prepare reports outlining commission investigations and recommendations to the trial court, and apply for and accept on behalf of the commission any funds that may become available from government grants, private gifts, donations, or devises from any source. (b) Subject to the approval of the chair, the director may employ such other staff and may contract for services as is necessary to assist the commission in the performance of its duties, and as funds permit. (c) The commission may meet in an area provided by the Director of the Administrative Office of Courts. The Director of the Administrative Office of Courts shall provide office space for the commission and the commission staff. Section 7. The commission shall have the following duties and powers: (1) To establish the criteria and screening process to be used to determine which cases shall be accepted for review. (2) To conduct inquiries into claims of factual innocence, with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime for which he or she claims factual innocence. (3) To coordinate the investigation of cases accepted for review. (4) To maintain records for all case investigations. (5) To prepare written reports outlining investigations and recommendations of the commission to the trial court at the completion of each inquiry. (6) To apply for and accept any funds that may become available for the commission's work from government grants, private gifts, donations, or devises from any source. Section 8. (a) A claim of factual innocence may be referred to the commission by any court, a state or local government agency, a claimant, or a claimant's counsel. The commission may not consider a claim of factual innocence if the convicted person is deceased. The determination of whether to grant a formal inquiry regarding any other claim of factual innocence is in the discretion of the commission. The commission may informally screen and dismiss a case summarily at its discretion. (b) No formal inquiry into a claim of innocence shall be made by the commission unless the director or the director's designee first obtains a signed agreement from the convicted person in which the convicted person waives his or her procedural safeguards and privileges, agrees to cooperate with the commission, and agrees to provide full disclosure regarding all inquiry requirements of the commission. The waiver under this subsection does not apply to matters unrelated to a convicted person's claim of innocence. The convicted person shall have the right to advice of counsel prior to the execution of the agreement and, if a formal inquiry is granted, throughout the formal inquiry. If counsel represents the convicted person, then the convicted person's counsel must be present at the signing of the agreement. If counsel does not represent the convicted person, the chair of the commission shall determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel for the purpose of advising on the agreement. (c) If a formal inquiry regarding a claim of factual innocence is granted, the director shall use all due diligence to notify the victim in the case and explain the inquiry process. The commission shall give the victim notice that the victim has the right to present his or her views and concerns throughout the commission's investigation. (d) The commission may subpoena information necessary to its inquiry. The commission may also do any of the following: Issue process to compel the attendance of witnesses and the production of evidence, administer oaths, petition the Circuit Court of Montgomery County or of original jurisdiction for enforcement of process or for other relief, and prescri