Writ of actual innocence; joint motion for petitions. (HB1919)

Introduced By

Del. Charniele Herring (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Failed


01/09/2013Prefiled and ordered printed; offered 01/09/13 13101581D
01/09/2013Referred to Committee for Courts of Justice
01/15/2013Assigned Courts sub: #1 Criminal
01/16/2013Subcommittee recommends laying on the table
02/05/2013Left in Courts of Justice


ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

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.

ACLU-VA Prisoners' Rights, tracking this bill in Photosynthesis, notes:

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.