Writ of actual innocence; petition by convicted person. (HB974)
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 who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency. This bill is identical to SB 511. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/07/2020 | Committee |
01/07/2020 | Prefiled and ordered printed; offered 01/08/20 20104714D |
01/07/2020 | Referred to Committee for Courts of Justice |
02/02/2020 | Assigned Courts sub: Criminal |
02/03/2020 | Subcommittee recommends reporting (6-Y 2-N) |
02/05/2020 | Reported from Courts of Justice (16-Y 6-N) (see vote tally) |
02/05/2020 | Referred to Committee on Appropriations |
02/07/2020 | Assigned App. sub: Transportation & Public Safety |
02/07/2020 | Subcommittee recommends reporting (5-Y 3-N) |
02/07/2020 | Reported from Appropriations (16-Y 6-N) (see vote tally) |
02/09/2020 | Read first time |
02/10/2020 | Impact statement from DPB (HB974) |
02/10/2020 | Read second time and engrossed |
02/11/2020 | Read third time and passed House (63-Y 37-N) |
02/11/2020 | VOTE: Passage (63-Y 37-N) (see vote tally) |
02/12/2020 | Constitutional reading dispensed |
02/12/2020 | Referred to Committee on the Judiciary |
02/19/2020 | Reported from Judiciary with amendment (7-Y 4-N) (see vote tally) |
02/21/2020 | Constitutional reading dispensed (32-Y 0-N) (see vote tally) |
02/24/2020 | Read third time |
02/24/2020 | Reading of amendment waived |
02/24/2020 | Committee amendment agreed to |
02/24/2020 | Engrossed by Senate as amended |
02/24/2020 | Passed Senate with amendment (27-Y 13-N) (see vote tally) |
02/26/2020 | VOTE: Adoption (0-Y 97-N) (see vote tally) |
02/26/2020 | Placed on Calendar |
02/26/2020 | Senate amendment rejected by House (0-Y 97-N) |
02/26/2020 | VOTE: REJECTED (0-Y 97-N) (see vote tally) |
02/28/2020 | Senate insisted on amendment (37-Y 0-N) (see vote tally) |
02/28/2020 | Senate requested conference committee |
03/02/2020 | House acceded to request |
03/03/2020 | Conferees appointed by Senate |
03/03/2020 | Senators: Deeds, Edwards, Stanley |
03/04/2020 | Conferees appointed by House |
03/04/2020 | Delegates: Herring, Delaney, Rush |
03/07/2020 | C Amended by conference committee |
03/07/2020 | Conference report agreed to by Senate (28-Y 10-N) (see vote tally) |
03/07/2020 | Conference report agreed to by House (58-Y 41-N) |
03/07/2020 | VOTE: Adoption (58-Y 41-N) (see vote tally) |
03/18/2020 | Enrolled |
03/18/2020 | Bill text as passed House and Senate (HB974ER) |
03/18/2020 | Signed by President |
03/19/2020 | Signed by Speaker |
03/20/2020 | Impact statement from DPB (HB974ER) |
03/20/2020 | Enrolled Bill communicated to Governor on March 20, 2020 |
03/20/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
04/09/2020 | G Approved by Governor-Chapter 993 (effective 7/1/20) |
04/09/2020 | G Acts of Assembly Chapter text (CHAP0993) |