SB511
Writ of actual innocence; petition by convicted person.
Summary
As Passed Both Chambers. Petition for writ 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 ... (More) type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence 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 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 (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency. This bill is identical to HB 974. (Less)-
Bill History
- 01/07/2020 - Senate: Prefiled and ordered printed; offered 01/08/20 20104713D
- 01/07/2020 - Senate: Referred to Committee on the Judiciary
- 01/08/2020 - Senate: Moved from Courts of Justice to Judiciary due to a change of the committee name
- 02/05/2020 - Senate: Reported from Judiciary (10-Y 4-N)
- 02/05/2020 - Senate: Rereferred to Finance and Appropriations
- 02/06/2020 - Senate: Reported from Finance and Appropriations with amendment (15-Y 1-N)
- 02/10/2020 - Senate: Impact statement from DPB (SB511)
- 02/10/2020 - Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/11/2020 - Senate: Read second time
- 02/11/2020 - Senate: Reading of amendment waived
- 02/11/2020 - Senate: Committee amendment agreed to
- 02/11/2020 - Senate: Engrossed by Senate as amended SB511E
- 02/11/2020 - Senate: Printed as engrossed 20104713D-E
- 02/11/2020 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/11/2020 - Senate: Read third time and passed Senate (23-Y 17-N) Close Floor Vote
- 02/14/2020 - House: Placed on Calendar
- 02/14/2020 - House: Read first time
- 02/14/2020 - House: Referred to Committee for Courts of Justice
- 02/19/2020 - House: Reported from Courts of Justice with amendment (12-Y 8-N)
- 02/19/2020 - House: Referred to Committee on Appropriations
- 02/21/2020 - House: Reported from Appropriations (13-Y 9-N)
- 02/24/2020 - Senate: Impact statement from DPB (SB511E)
- 02/25/2020 - House: Read second time
- 02/26/2020 - House: Read third time
- 02/26/2020 - House: Committee amendment agreed to
- 02/26/2020 - House: Engrossed by House as amended
- 02/26/2020 - House: Passed House with amendment (56-Y 44-N)
- 02/26/2020 - House: VOTE: Passage (56-Y 44-N) Close Floor Vote
- 02/28/2020 - Senate: Passed by temporarily
- 02/28/2020 - Senate: House amendment agreed to by Senate (23-Y 14-N) Close Floor Vote
- 03/05/2020 - Senate: Enrolled
- 03/05/2020 - Senate: Bill text as passed Senate and House (SB511ER)
- 03/06/2020 - House: Signed by Speaker
- 03/07/2020 - Senate: Signed by President
- 03/12/2020 - Senate: Enrolled Bill Communicated to Governor on March 12, 2020
- 03/12/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 03/20/2020 - Senate: Impact statement from DPB (SB511ER)
- 04/09/2020 - Governor: Approved by Governor-Chapter 994 (effective 7/1/20)
- 04/09/2020 - Governor: Acts of Assembly Chapter text (CHAP0994)
