Post-conviction relief; previously admitted scientific evidence, report. (SB1105)
Introduced By
Sen. Bill Stanley (R-Moneta) with support from co-patron Sen. Joe Morrissey (D-Richmond)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Post-conviction relief; previously admitted scientific evidence; report. Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (iii) an exact description of the newly available forensic scientific evidence and its relevance to guilt or punishment; (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 newly available forensic scientific evidence would discredit or contradict forensic scientific evidence that was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited or contradicted 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, 2022, and would apply to petitions filed before July 1, 2026. The provisions of the bill are contingent on funding in a general appropriation act. Read the Bill »
Status
03/01/2021: Failed to Pass in Committee
History
Date | Action |
---|---|
12/02/2020 | Prefiled and ordered printed; offered 01/13/21 21100837D |
12/02/2020 | Referred to Committee on the Judiciary |
02/01/2021 | Reported from Judiciary with substitute (12-Y 1-N) (see vote tally) |
02/01/2021 | Committee substitute printed 21103042D-S1 |
02/01/2021 | Rereferred to Finance and Appropriations |
02/03/2021 | Senate committee, floor amendments and substitutes offered |
02/03/2021 | Reported from Finance and Appropriations with amendment (16-Y 0-N) (see vote tally) |
02/03/2021 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/04/2021 | Read second time |
02/04/2021 | Reading of substitute waived |
02/04/2021 | Committee substitute agreed to 21103042D-S1 |
02/04/2021 | Reading of amendment waived |
02/04/2021 | Committee amendment agreed to |
02/04/2021 | Engrossed by Senate - committee substitute with amendment SB1105ES1 |
02/04/2021 | Printed as engrossed 21103042D-ES1 |
02/05/2021 | Read third time and passed Senate (38-Y 0-N) (see vote tally) |
02/07/2021 | Placed on Calendar |
02/07/2021 | Read first time |
02/07/2021 | Referred to Committee for Courts of Justice |
02/08/2021 | Continued to Special Session 1 in Courts of Justice |
02/09/2021 | Assigned Courts sub: Criminal |
02/10/2021 | Impact statement from DPB (SB1105ES1) |
02/10/2021 | Subcommittee recommends reporting with amendments (6-Y 1-N) |
02/10/2021 | Subcommittee recommends referring to Committee on Appropriations |
02/12/2021 | Reported from Courts of Justice with amendment(s) (20-Y 2-N) (see vote tally) |
02/12/2021 | Referred to Committee on Appropriations |
03/01/2021 | Left in Appropriations |