Writ of actual innocence; petition by juvenile adjudicated delinquent upon felony charge. (HB1308)
Introduced By
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Writ of actual innocence for juveniles adjudicated delinquent. Provides that a juvenile adjudicated delinquent of an offense that would be a felony if committed by an adult may petition the Supreme Court to issue a writ of actual innocence on the basis of biological or nonbiological evidence regardless of his plea or the classification of the felony for which he was adjudicated delinquent. Currently such petitions are limited to those convicted (i) in the case of biological evidence, of a Class 1 or Class 2 felony or equivalent felony upon any plea or of any other felony upon a plea of not guilty or (ii) in the case of nonbiological evidence, of any felony upon a plea of not guilty. Read the Bill »
Outcome
Bill Has Passed
History
| Date | Action |
|---|---|
| 09/06/2012 | Committee |
| 09/06/2012 | Prefiled and ordered printed; offered 01/09/13 13100107D |
| 09/07/2012 | Prefiled and ordered printed; offered 01/09/13 13100107D |
| 09/07/2012 | Referred to Committee for Courts of Justice |
| 01/15/2013 | Assigned Courts sub: #1 Criminal |
| 01/15/2013 | Impact statement from DPB (HB1308) |
| 01/16/2013 | Subcommittee recommends reporting with amendment(s) (9-Y 0-N) |
| 01/23/2013 | Reported from Courts of Justice with substitute (17-Y 0-N) (see vote tally) |
| 01/23/2013 | Committee substitute printed 13103952D-H1 |
| 01/25/2013 | Read first time |
| 01/28/2013 | Read second time |
| 01/28/2013 | Committee substitute agreed to 13103952D-H1 |
| 01/28/2013 | Engrossed by House - committee substitute HB1308H1 |
| 01/29/2013 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
| 01/29/2013 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
| 01/30/2013 | Constitutional reading dispensed |
| 01/30/2013 | Referred to Committee for Courts of Justice |
| 02/06/2013 | Reported from Courts of Justice (14-Y 0-N) (see vote tally) |
| 02/08/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/11/2013 | Read third time |
| 02/11/2013 | Passed by for the day |
| 02/12/2013 | Read third time |
| 02/12/2013 | Passed Senate (40-Y 0-N) (see vote tally) |
| 02/18/2013 | Enrolled |
| 02/18/2013 | Bill text as passed House and Senate (HB1308ER) |
| 02/18/2013 | Impact statement from DPB (HB1308ER) |
| 02/18/2013 | Signed by Speaker |
| 02/19/2013 | Signed by President |
| 03/12/2013 | G Approved by Governor-Chapter 170 (effective 7/1/13) |
| 03/12/2013 | G Acts of Assembly Chapter text (CHAP0170) |
Comments
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.
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.
The ACLU of Virginia strongly supports this bill which gives juveniles tried as adults or in courts of record the same right to file a writ of actual innocence that an adult would have.
The ACLU of Virginia strongly supports this bill which gives juveniles tried as adults or in courts of record the same right to file a writ of actual innocence that an adult would have.