Post-conviction relief; previously admitted scientific evidence. (SB777)

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 such offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) 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; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The provisions of the bill become effective July 1, 2019, and expire July 1, 2023. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2018Prefiled and ordered printed; offered 01/10/18 18104526D
01/10/2018Referred to Committee for Courts of Justice
02/05/2018Reported from Courts of Justice with substitute (9-Y 6-N) (see vote tally)
02/05/2018Committee substitute printed 18106150D-S1
02/06/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/07/2018Passed by for the day
02/08/2018Read second time
02/08/2018Reading of substitute waived
02/08/2018Committee substitute agreed to 18106150D-S1
02/08/2018Engrossed by Senate - committee substitute SB777S1
02/09/2018Read third time and passed Senate (24-Y 15-N) (see vote tally)
02/14/2018Placed on Calendar
02/14/2018Read first time
02/14/2018Referred to Committee for Courts of Justice
02/23/2018Assigned Courts sub: Subcommittee #1
02/26/2018Subcommittee recommends continuing to 2019
03/02/2018Continued to 2019 in Courts of Justice
11/30/2018Left in Courts of Justice

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