VA SB1066 | 2019 | Regular Session
Status
Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 5 2019 - 50% progression, died in committee
Action: 2019-02-19 - Left in Appropriations
Pending: House Appropriations Committee
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on February 5 2019 - 50% progression, died in committee
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.
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]
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
| Date | Chamber | Action |
|---|---|---|
| 2019-02-19 | House | Left in Appropriations |
| 2019-02-14 | House | Subcommittee recommends passing by indefinitely (6-Y 0-N) |
| 2019-02-08 | House | Assigned App. sub: Public Safety |
| 2019-02-08 | House | Referred to Committee on Appropriations |
| 2019-02-08 | House | Read first time |
| 2019-02-08 | House | Placed on Calendar |
| 2019-02-05 | Senate | Passed Senate (38-Y 2-N) |
| 2019-02-05 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2019-02-05 | Senate | Engrossed by Senate - committee substitute SB1066S2 |
| 2019-02-05 | Senate | Committee substitute agreed to 19106287D-S2 |
| 2019-02-05 | Senate | Reading of substitute waived |
| 2019-02-05 | Senate | Committee substitute rejected 19105748D-S1 |
| 2019-02-05 | Senate | Reading of substitute waived |
| 2019-02-05 | Senate | Read second time |
| 2019-02-04 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2019-01-31 | Senate | Committee substitute printed 19106287D-S2 |
| 2019-01-31 | Senate | Reported from Finance with substitute (16-Y 0-N) |
| 2019-01-23 | Senate | Rereferred to Finance |
| 2019-01-23 | Senate | Committee substitute printed 19105748D-S1 |
| 2019-01-23 | Senate | Reported from Courts of Justice with substitute (13-Y 2-N) |
| 2018-12-10 | Senate | Referred to Committee for Courts of Justice |
| 2018-12-10 | Senate | Prefiled and ordered printed; offered 01/09/19 19101045D |
