VA HB1355 | 2013 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on November 30 2012 - 25% progression, died in committee
Action: 2013-02-05 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Petitions for writs of actual innocence. Provides that petitions for writs of actual innocence in the case of either biological or nonbiological evidence may be brought for any felony and upon any plea. The bill also provides that, for both writs, the petitioner shall allege that the new evidence, had it been available at trial, would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner, as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed.

Tracking Information

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Title

Writs of actual innocence; petitions.

Sponsors


History

DateChamberAction
2013-02-05HouseLeft in Courts of Justice
2013-01-16HouseSubcommittee recommends passing by indefinitely by voice vote
2013-01-15HouseAssigned Courts sub: #1 Criminal
2012-11-30HouseReferred to Committee for Courts of Justice
2012-11-30HousePrefiled and ordered printed; offered 01/09/13 13101392D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192327.10(n/a)See Bill Text
192327.11(n/a)See Bill Text
192327.2(n/a)See Bill Text
192327.3(n/a)See Bill Text

Virginia State Sources


Bill Comments

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