Petition for writ of actual innocence. (HB2085)
Introduced By
Del. Charniele Herring (D-Alexandria)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
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 »
Outcome
History
| Date | Action |
|---|---|
| 01/10/2017 | Committee |
| 01/10/2017 | Prefiled and ordered printed; offered 01/11/17 17103489D |
| 01/10/2017 | Referred to Committee for Courts of Justice |
| 01/16/2017 | Assigned Courts sub: Criminal Law |
| 01/23/2017 | Impact statement from DPB (HB2085) |
| 02/01/2017 | Subcommittee recommends laying on the table |
| 02/07/2017 | Left in Courts of Justice |