Virginia House Bill 2085 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 10 2017 - 25% progression, died in committee
Action: 2017-02-07 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also provides that the Supreme Court of Virginia shall grant the writ upon finding that the petitioner has proven the allegations supporting the writ by a preponderance of the evidence. Currently, the Court must make such a finding based on clear and convincing evidence.

Petition for writ of actual innocence.

Del. Charniele Herring [D]

Date	Chamber	Action
2017-02-07	House	Left in Courts of Justice
2017-02-01	House	Subcommittee recommends laying on the table by voice vote
2017-01-16	House	Assigned Courts sub: Criminal Law
2017-01-10	House	Referred to Committee for Courts of Justice
2017-01-10	House	Prefiled and ordered printed; offered 01/11/17 17103489D

Chapter	Article	Section	Citation Type	Statute Text
19	2	327.2	(n/a)	See Bill Text
19	2	327.2:1	(n/a)	See Bill Text
19	2	327.3	(n/a)	See Bill Text
19	2	327.5	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+HB2085
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+HB2085+hil