Post-conviction relief; previously admitted scientific evidence. (SB1066)

Introduced By

Sen. Bill Stanley (R-Moneta)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the covered offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (iii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency, or that discredited forensic scientific evidence was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2020, and an expiration date of July 1, 2024. The provisions of the bill are contingent upon funding in a general appropriation act. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/10/2018Prefiled and ordered printed; offered 01/09/19 19101045D
12/10/2018Referred to Committee for Courts of Justice
01/23/2019Reported from Courts of Justice with substitute (13-Y 2-N) (see vote tally)
01/23/2019Committee substitute printed 19105748D-S1
01/23/2019Rereferred to Finance
01/30/2019Impact statement from DPB (SB1066S1)
01/31/2019Reported from Finance with substitute (16-Y 0-N) (see vote tally)
01/31/2019Committee substitute printed 19106287D-S2
02/01/2019Impact statement from DPB (SB1066S2)
02/04/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2019Read second time
02/05/2019Reading of substitute waived
02/05/2019Committee substitute rejected 19105748D-S1
02/05/2019Committee substitute agreed to 19106287D-S2
02/05/2019Engrossed by Senate - committee substitute SB1066S2
02/05/2019Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/05/2019Passed Senate (38-Y 2-N) (see vote tally)
02/08/2019Placed on Calendar
02/08/2019Read first time
02/08/2019Referred to Committee on Appropriations
02/08/2019Assigned App. sub: Public Safety
02/14/2019Subcommittee recommends passing by indefinitely (6-Y 0-N)
02/19/2019Left in Appropriations

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