Virginia Senate Bill 823 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on December 27 2012 - 25% progression, died in chamber
Action: 2013-01-23 - Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
Text: Latest bill text (Prefiled) [HTML]

Petitions for writs of actual innocence; joint motion for writ of actual innocence. Provides that the attorney for the Commonwealth of the jurisdiction wherein a person was convicted of a felony may join in a petition for a biological or nonbiological writ of actual innocence. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto with the circuit court that entered the felony conviction and move the court for a hearing to consider release of the person on bail pending a ruling by the appellate court on the writ. The bill also provides that petitions for writs of actual innocence in the case of either biological or nonbiological evidence may be brought for any felony and upon any plea. For both writs, the petitioner shall allege that the new evidence, had it been available at trial, would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner, as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed.

Writ of actual innocence; joint motion for petitions.

Sen. Kenneth Alexander [D]

2013-01-23 - Senate - Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2013-01-23	Senate	Stricken at the request of Patron in Courts of Justice (15-Y 0-N)
2012-12-27	Senate	Referred to Committee for Courts of Justice
2012-12-27	Senate	Prefiled and ordered printed; offered 01/09/13 13101178D

Chapter	Article	Section	Citation Type	Statute Text
19	2	327.10	(n/a)	See Bill Text
19	2	327.10:1	(n/a)	See Bill Text
19	2	327.11	(n/a)	See Bill Text
19	2	327.2	(n/a)	See Bill Text
19	2	327.2:1	(n/a)	See Bill Text
19	2	327.3	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?131+sum+SB823
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+SB823+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?131+vot+S03V0091+SB0823