Petition for writ of actual innocence. (SB1066)

Introduced By

Sen. Creigh Deeds (D-Bath) 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

Bill Has Failed

History

DateAction
01/06/2017Prefiled and ordered printed; offered 01/11/17 17103488D
01/06/2017Referred to Committee for Courts of Justice
01/23/2017Impact statement from DPB (SB1066)
01/30/2017Reported from Courts of Justice (8-Y 7-N) (see vote tally)
01/31/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/01/2017Read second time and engrossed
02/02/2017Read third time and passed Senate (24-Y 16-N) (see vote tally)
02/06/2017Placed on Calendar
02/06/2017Read first time
02/06/2017Referred to Committee for Courts of Justice
02/08/2017Assigned Courts sub: Criminal Law
02/15/2017Subcommittee recommends laying on the table
02/21/2017Left 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