Writ of actual innocence; type of plea required for issuance. (HB1920)
Introduced By
Del. Charniele Herring (D-Alexandria)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Plea required for issuance of a writ of actual innocence. Provides that a convicted person may petition for a writ of actual innocence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on nonbiological evidence if he entered a plea of not guilty; a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, or (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/09/2013 | Prefiled and ordered printed; offered 01/09/13 13102379D |
| 01/09/2013 | Referred to Committee for Courts of Justice |
| 01/15/2013 | Assigned Courts sub: #1 Criminal |
| 01/16/2013 | Subcommittee recommends striking from docket |
| 01/23/2013 | Tabled in Courts of Justice |
Comments
The ACLU of Virginia is monitoring this bill that removes the requirement that a defendant plead not guilty in order to be able to file a writ of actual innocence.
So far there are 4 proposed versions.
SB823 looks to be the most effective in fixing the 21 Day Rule.
HB1355 comes in second if SB823 gets “tabled or killed” by the House.
HB1432 and HB1920 seem to do the least but might get the most steam because both patrons are on the House Courts of Justice Committee and HB1432 is actually Attorney General Cuccinelli’s “fix” changing could to would.
The ACLU of Virginia supports legislation that expands the use of writs of actual innocence. No person should be deprived of liberty for crimes he or she did not commit nor held any longer than necessary once known to innocent.