Writ of actual innocence; joint motion for petitions. (HB1919)
Introduced By
Del. Charniele Herring (D-Alexandria)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Joint motion for writ of actual innocence. Provides that the attorney for the Commonwealth of the jurisdiction wherein a person was convicted of a felony may join in a petition for a biological or nonbiological writ of actual innocence. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto with the circuit court that entered the felony conviction and move the court for a hearing to consider release of the person on bail pending a ruling by the appellate court on the writ. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/09/2013 | Prefiled and ordered printed; offered 01/09/13 13101581D |
| 01/09/2013 | Referred to Committee for Courts of Justice |
| 01/15/2013 | Assigned Courts sub: #1 Criminal |
| 01/16/2013 | Subcommittee recommends laying on the table |
| 02/05/2013 | Left in Courts of Justice |
Comments
The ACLU of Virginia supports this and other legislation that seeks to mitigate the effect of the 21 day rule depriving circuit courts of jurisdiction to hear writs of actual innocence.
The ACLU of Virginia supports legislation that expands the use of writs of actual innocence to juveniles. No person should be deprived of liberty for crimes he or she did not commit nor held any longer than necessary once known to be innocent.