Bill Title: Death sentence; removes some circumstances which circuit courts are required to set execution dates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - House: Left in Militia, Police and Public Safety
[HB2092 Detail]Download: Virginia-2011-HB2092-Introduced.html
11103644D
HOUSE BILL NO. 2092
Offered January 12, 2011
Prefiled January 12, 2011
A BILL to amend and reenact § 53.1-232.1 of
the Code of Virginia, relating to death sentence execution dates.
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Patron-- Herring
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:
1. That § 53.1-232.1 of the Code of Virginia is
amended and reenacted as follows:
§ 53.1-232.1. When execution dates required.
In a criminal case where a sentence of death has been imposed,
the trial court shall set an execution date when it
is notified the setting of an
execution date is requested in writing by the Attorney
General or the attorney for the Commonwealth,
and the court finds that:
(i) the Supreme Court of Virginia has denied habeas corpus
relief or the time for filing a timely habeas corpus petition in that Court has
passed without such a petition being filed, time for seeking federal habeas corpus review has
expired or (ii) the Supreme Court of the United States has
issued a final order disposing of the case after
granting a stay to review the judgment of the Supreme Court of Virginia on
habeas corpus, (iii) the United States Court of Appeals has affirmed the denial
of federal habeas corpus relief or the time for filing a timely appeal in that
court has passed without such an appeal being filed, or (iv) the Supreme Court
of the United States has issued a final order after granting a stay in order to
dispose of the petition for a writ of certiorari to review the judgment of the
United States Court of Appeals that sought review of the judgment of the United States Court of Appeals
denying federal habeas corpus relief.
The trial court shall conduct a proceeding to set the date
within ten days after receiving the written notice request from the Attorney
General or the attorney for the Commonwealth. The execution date shall be set
by the trial court in accordance with the provisions of §§ 53.1-232 and
53.1-234, but in any event shall be no later than sixty days after the date of
the proceeding. Nothing in this provision shall prohibit the trial court from
setting an execution date under circumstances other than those specified
herein. Once an execution date is scheduled pursuant to this section, a stay of execution may be
granted by the trial court or the Supreme Court of Virginia only upon a showing
of substantial grounds for habeas corpus relief.
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