VA SB1017 | 2020 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 16 2020 - 25% progression
Action: 2020-04-08 - Letter sent to the Virginia State Crime Commission
Text: Latest bill text (Introduced) [HTML]

Summary

Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the covered offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (iii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (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 discredited forensic scientific evidence was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited 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, 2021, and an expiration date of July 1, 2025.

Tracking Information

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Title

Post-conviction relief; previously admitted scientific evidence, report.

Sponsors


Roll Calls

2020-02-03 - Senate - Senate: Passed by indefinitely in Judiciary (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-04-08SenateLetter sent to the Virginia State Crime Commission
2020-02-03SenatePassed by indefinitely in Judiciary with letter (15-Y 0-N)
2020-01-24SenateAssigned Judiciary sub: Criminal Law
2020-01-17SenateIntroduced bill reprinted 20105216D
2020-01-16SenateReferred to Committee on the Judiciary
2020-01-16SenatePresented and ordered printed 20105216D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192327.15(n/a)See Bill Text

Virginia State Sources


Bill Comments

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