Petition for writ of actual innocence. (SB1066)
Introduced By
Sen. Creigh Deeds (D-Charlottesville) with support from co-patron Sen. Chap Petersen (D-Fairfax)
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 |
---|---|
01/06/2017 | Prefiled and ordered printed; offered 01/11/17 17103488D |
01/06/2017 | Referred to Committee for Courts of Justice |
01/23/2017 | Impact statement from DPB (SB1066) |
01/30/2017 | Reported from Courts of Justice (8-Y 7-N) (see vote tally) |
01/31/2017 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/01/2017 | Read second time and engrossed |
02/02/2017 | Read third time and passed Senate (24-Y 16-N) (see vote tally) |
02/06/2017 | Placed on Calendar |
02/06/2017 | Read first time |
02/06/2017 | Referred to Committee for Courts of Justice |
02/08/2017 | Assigned Courts sub: Criminal Law |
02/15/2017 | Subcommittee recommends laying on the table |
02/21/2017 | Left in Courts of Justice |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 1 minute.
Transcript
This is a transcript of the video clips in which this bill is discussed.
DO ANY SENATORS DESIRE TO CHANGE VOTES? THE CLERK WILL CLOSE THE ROLL. AYE, 36, NO, FOUR. THE BILL PASSES. UNCONTESTED CALENDAR SENATE BILLS SECOND READING. SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.Sen. Tommy Norment (R-Williamsburg): THANK YOU. I MOVE ALL OF THE SENATE BILLS ON THE SECOND READING ON
Sen. John Edwards (D-Roanoke): DISTINGUISHED MEMBERS OF CITY COUNCIL JUST ELECTED LAST SPRING, MICHELLE DIKESTER. HER PERSUASIVENESS AND ELOQUENTNESS WERE INSTRUMENTAL THIS MORNING. I WANT TO THANK HER FOR THAT. ALSO I LEARNED THIS MORNING THAT MICHELLE'S MOTHER, WHOM I'VE KNOWN FOR MANY YEARS, IS A VERY CLOSE FRIEND OF THE MOTHER OF THE SENATOR FROM EASTERN FAIRFAX. AND SO, MR. PRESIDENT, I WOULD HOPE YOU WOULD GIVE MICHELLE DIKESTER, A VERY DISTINGUISHED AND WARM WELCOME OF THE SENATE.
[Unknown]: THANK YOU, SENATOR. MICHELLE, WELCOME. THANK YOU FOR MAKING THE TRIP. WE ALL -- HOPE ALL IS WELL THAT AND APPRECIATE YOUR SERVICE. I'D ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING MICHELLE DIKESTER THE