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