VA SB777 | 2018 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 8 2018 - 50% progression
Action: 2018-03-02 - Continued to 2019 in Courts of Justice by voice vote
Pending: House Courts of Justice 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 such offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) 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; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The provisions of the bill become effective July 1, 2019, and expire July 1, 2023.

Tracking Information

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Title

Post-conviction relief; previously admitted scientific evidence.

Sponsors


Roll Calls

2018-02-09 - Senate - Senate: Read third time and passed Senate (24-Y 15-N) (Y: 24 N: 15 NV: 1 Abs: 0) [PASS]
2018-02-06 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2018-02-05 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2018-03-02HouseContinued to 2019 in Courts of Justice by voice vote
2018-02-26HouseSubcommittee recommends continuing to 2019 by voice vote
2018-02-23HouseAssigned Courts sub: Subcommittee #1
2018-02-14HouseReferred to Committee for Courts of Justice
2018-02-14HouseRead first time
2018-02-14HousePlaced on Calendar
2018-02-09SenateRead third time and passed Senate (24-Y 15-N)
2018-02-08SenateEngrossed by Senate - committee substitute SB777S1
2018-02-08SenateCommittee substitute agreed to 18106150D-S1
2018-02-08SenateReading of substitute waived
2018-02-08SenateRead second time
2018-02-07SenatePassed by for the day
2018-02-06SenateConstitutional reading dispensed (40-Y 0-N)
2018-02-05SenateCommittee substitute printed 18106150D-S1
2018-02-05SenateReported from Courts of Justice with substitute (9-Y 6-N)
2018-01-10SenateReferred to Committee for Courts of Justice
2018-01-10SenatePrefiled and ordered printed; offered 01/10/18 18104526D

Code Citations

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

Virginia State Sources


Bill Comments

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