Writ of actual innocence; type of plea required for issuance. (HB598)

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, (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

DateAction
01/07/2014Prefiled and ordered printed; offered 01/08/14 14101613D
01/07/2014Referred to Committee for Courts of Justice
01/10/2014Assigned Courts sub: Criminal
01/23/2014Impact statement from DPB (HB598)
02/05/2014Subcommittee recommends continuing to 2015
02/07/2014Continued to 2015 in Courts of Justice
12/04/2014Left in Courts of Justice

Comments

James Renwick Manship writes:

Sad that this bill failed. A coerced Plea, obtained by Prosecutor Misconduct such as was done by Winchester Commonwealth Attorney Paul Thomson, now a Federal Felon (released from prison), or Police Evidence Tampering as was done by Winchester Policeman David Sobonya, or Police Witness Tampering as was done by Winchester Policeman James Bailous, is not as rare as Citizens would like to expect of their public servants in the Criminal Justice realm.