Petition for writ of actual innocence. (HB2085)

Introduced By

Del. Charniele Herring (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, 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. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven the allegations supporting the writ by a preponderance of the evidence. Currently, the Court must make such a finding based on clear and convincing evidence. Read the Bill »


Bill Has Failed


01/10/2017Prefiled and ordered printed; offered 01/11/17 17103489D
01/10/2017Referred to Committee for Courts of Justice
01/16/2017Assigned Courts sub: Criminal Law
01/23/2017Impact statement from DPB (HB2085)
02/01/2017Subcommittee recommends laying on the table
02/07/2017Left in Courts of Justice