VA SB1066 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 5 2019 - 50% progression
Action: 2019-02-19 - Left in Appropriations
Pending: House Appropriations Committee
Text: Latest bill text (Comm Sub) [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, 2020, and an expiration date of July 1, 2024. The provisions of the bill are contingent upon funding in a general appropriation act.

Tracking Information

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Title

Post-conviction relief; previously admitted scientific evidence.

Sponsors


Roll Calls

2019-02-14 - House - House: Subcommittee recommends passing by indefinitely (6-Y 0-N) (Y: 6 N: 0 NV: 2 Abs: 0) [PASS]
2019-02-05 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2019-02-05 - Senate - Senate: Passed Senate (38-Y 2-N) (Y: 38 N: 2 NV: 0 Abs: 0) [PASS]
2019-02-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-31 - Senate - Senate: Reported from Finance with substitute (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-23 - Senate - Senate: Reported from Courts of Justice with substitute (13-Y 2-N) (Y: 13 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-02-19HouseLeft in Appropriations
2019-02-14HouseSubcommittee recommends passing by indefinitely (6-Y 0-N)
2019-02-08HouseAssigned App. sub: Public Safety
2019-02-08HouseReferred to Committee on Appropriations
2019-02-08HouseRead first time
2019-02-08HousePlaced on Calendar
2019-02-05SenatePassed Senate (38-Y 2-N)
2019-02-05SenateConstitutional reading dispensed (39-Y 0-N)
2019-02-05SenateEngrossed by Senate - committee substitute SB1066S2
2019-02-05SenateCommittee substitute agreed to 19106287D-S2
2019-02-05SenateReading of substitute waived
2019-02-05SenateCommittee substitute rejected 19105748D-S1
2019-02-05SenateReading of substitute waived
2019-02-05SenateRead second time
2019-02-04SenateConstitutional reading dispensed (40-Y 0-N)
2019-01-31SenateCommittee substitute printed 19106287D-S2
2019-01-31SenateReported from Finance with substitute (16-Y 0-N)
2019-01-23SenateRereferred to Finance
2019-01-23SenateCommittee substitute printed 19105748D-S1
2019-01-23SenateReported from Courts of Justice with substitute (13-Y 2-N)
2018-12-10SenateReferred to Committee for Courts of Justice
2018-12-10SenatePrefiled and ordered printed; offered 01/09/19 19101045D

Code Citations

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

Virginia State Sources


Bill Comments

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