Virginia Senate Bill 1105 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on February 4 2021 - 50% progression, died in committee
Action: 2021-03-01 - Left in Appropriations
Pending: House Appropriations Committee
Text: Latest bill text (Engrossed) [HTML]

Post-conviction relief; previously admitted scientific evidence; report. Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (iii) an exact description of the newly available forensic scientific evidence and its relevance to guilt or punishment; (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 newly available forensic scientific evidence would discredit or contradict forensic scientific evidence that was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited or contradicted 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, 2022, and would apply to petitions filed before July 1, 2026. The provisions of the bill are contingent on funding in a general appropriation act. Post-conviction relief; previously admitted scientific evidence; report. Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (iii) an exact description of the newly available forensic scientific evidence and its relevance to guilt or punishment; (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 newly available forensic scientific evidence would discredit or contradict forensic scientific evidence that was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited or contradicted 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, 2022, and would apply to petitions filed before July 1, 2026. The provisions of the bill are contingent on funding in a general appropriation act.

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

Sen. William Stanley [R]

Sen. Joseph Morrissey [D]

2021-02-12 - House - House: Reported from Courts of Justice with amendment(s) (20-Y 2-N) (Y: 20 N: 2 NV: 0 Abs: 0) [PASS]
2021-02-10 - House - House: Subcommittee recommends reporting with amendments (6-Y 1-N) (Y: 6 N: 1 NV: 0 Abs: 1) [PASS]
2021-02-05 - Senate - Senate: Read third time and passed Senate (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-03 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - Senate - Senate: Reported from Finance and Appropriations with amendment (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-01 - Senate - Senate: Reported from Judiciary with substitute (12-Y 1-N) (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-03-01	House	Left in Appropriations
2021-02-12	House	Referred to Committee on Appropriations
2021-02-12	House	Reported from Courts of Justice with amendment(s) (20-Y 2-N)
2021-02-10	House	Subcommittee recommends referring to Committee on Appropriations
2021-02-10	House	Subcommittee recommends reporting with amendments (6-Y 1-N)
2021-02-09	House	Assigned Courts sub: Criminal
2021-02-08	House	Continued to Special Session 1 in Courts of Justice by voice vote
2021-02-07	House	Referred to Committee for Courts of Justice
2021-02-07	House	Read first time
2021-02-07	House	Placed on Calendar
2021-02-05	Senate	Read third time and passed Senate (38-Y 0-N)
2021-02-04	Senate	Printed as engrossed 21103042D-ES1
2021-02-04	Senate	Engrossed by Senate - committee substitute with amendment SB1105ES1
2021-02-04	Senate	Committee amendment agreed to
2021-02-04	Senate	Reading of amendment waived
2021-02-04	Senate	Committee substitute agreed to 21103042D-S1
2021-02-04	Senate	Reading of substitute waived
2021-02-04	Senate	Read second time
2021-02-03	Senate	Constitutional reading dispensed (39-Y 0-N)
2021-02-03	Senate	Reported from Finance and Appropriations with amendment (16-Y 0-N)
2021-02-01	Senate	Rereferred to Finance and Appropriations
2021-02-01	Senate	Committee substitute printed 21103042D-S1
2021-02-01	Senate	Reported from Judiciary with substitute (12-Y 1-N)
2020-12-02	Senate	Referred to Committee on the Judiciary
2020-12-02	Senate	Prefiled and ordered printed; offered 01/13/21 21100837D

SB1105 (Carry Over) 2021-02-08 - Continued to Special Session 1 in Courts of Justice by voice vote

Chapter	Article	Section	Citation Type	Statute Text
19	2	327.15	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1105
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1105+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1105S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1105ES1+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1105AS
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+SB1105AH
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+SB1105FES1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0097+SB1105
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S05C0152+SB1105
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0293SB1105+SB1105
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SC0330SB1105+SB1105
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801V0007+SB1105
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08V0009+SB1105