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SB777

Post-conviction relief; previously admitted scientific evidence.

Status:
In House

Chief Patron:
Bill Stanley (R)

Session:
2018 Regular Session

Summary

As Passed House of Origin. 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. (Less)

  • Bill History

  • 01/10/2018 - Senate: Prefiled and ordered printed; offered 01/10/18 18104526D
  • 01/10/2018 - Senate: Referred to Committee for Courts of Justice
  • 02/05/2018 - Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
  • 02/05/2018 - Senate: Committee substitute printed 18106150D-S1
  • 02/06/2018 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/07/2018 - Senate: Passed by for the day
  • 02/08/2018 - Senate: Read second time
  • 02/08/2018 - Senate: Reading of substitute waived
  • 02/08/2018 - Senate: Committee substitute agreed to 18106150D-S1
  • 02/08/2018 - Senate: Engrossed by Senate - committee substitute SB777S1
  • 02/09/2018 - Senate: Read third time and passed Senate (24-Y 15-N)   Close Floor Vote
  • 02/14/2018 - House: Placed on Calendar
  • 02/14/2018 - House: Read first time
  • 02/14/2018 - House: Referred to Committee for Courts of Justice
  • 02/23/2018 - House: Assigned Courts sub: Subcommittee #1
  • 02/26/2018 - House: Subcommittee recommends continuing to 2019
  • 03/02/2018 - House: Continued to 2019 in Courts of Justice

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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