Virginia Senate Bill 823 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 8 2020 - 25% progression, died in chamber
Action: 2020-02-10 - Failed to report (defeated) in Judiciary (6-Y 7-N)
Text: Latest bill text (Prefiled) [HTML]

Writs of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for either writ if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ based on biological evidence if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill also clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency. Finally, the bill provides that the circuit court that entered the felony conviction or adjudication of delinquency has original jurisdiction over the writ and that the petitioner may appeal any final order denying such writ to the Court of Appeals as an appeal of right.

Writs of actual innocence; petition by person who was convicted of a felony, etc.

Sen. Joseph Morrissey [D]

2020-02-10 - Senate - Senate: Failed to report (defeated) in Judiciary (6-Y 7-N) (Y: 6 N: 7 NV: 0 Abs: 0) [FAIL]

Date	Chamber	Action
2020-02-10	Senate	Failed to report (defeated) in Judiciary (6-Y 7-N)
2020-01-08	Senate	Referred to Committee on the Judiciary
2020-01-08	Senate	Prefiled and ordered printed; offered 01/08/20 20105172D

Chapter	Article	Section	Citation Type	Statute Text
17	1	405	(n/a)	See Bill Text
17	1	513	(n/a)	See Bill Text
19	2	327.10	(n/a)	See Bill Text
19	2	327.13	(n/a)	See Bill Text
19	2	327.2	(n/a)	See Bill Text
19	2	327.5	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB823
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB823+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S03V0282+SB0823