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

07/25/2021: Awaiting a Vote in the Appropriations Committee

History

DateAction
12/02/2020Prefiled and ordered printed; offered 01/13/21 21100837D
12/02/2020Referred to Committee on the Judiciary
02/01/2021Reported from Judiciary with substitute (12-Y 1-N) (see vote tally)
02/01/2021Committee substitute printed 21103042D-S1
02/01/2021Rereferred to Finance and Appropriations
02/03/2021Senate committee, floor amendments and substitutes offered
02/03/2021Reported from Finance and Appropriations with amendment (16-Y 0-N) (see vote tally)
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Read second time
02/04/2021Reading of substitute waived
02/04/2021Committee substitute agreed to 21103042D-S1
02/04/2021Reading of amendment waived
02/04/2021Committee amendment agreed to
02/04/2021Engrossed by Senate - committee substitute with amendment SB1105ES1
02/04/2021Printed as engrossed 21103042D-ES1
02/05/2021Read third time and passed Senate (38-Y 0-N) (see vote tally)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee for Courts of Justice
02/08/2021Continued to Special Session 1 in Courts of Justice
02/09/2021Assigned Courts sub: Criminal
02/10/2021Impact statement from DPB (SB1105ES1)
02/10/2021Subcommittee recommends reporting with amendments (6-Y 1-N)
02/10/2021Subcommittee recommends referring to Committee on Appropriations
02/12/2021Reported from Courts of Justice with amendment(s) (20-Y 2-N) (see vote tally)
02/12/2021Referred to Committee on Appropriations
03/01/2021Left in Appropriations

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)