GOVERNOR'S RECOMMENDATION

Line 40, enrolled, after felony

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upon a plea of not guilty

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reduced

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commuted

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Division of Forensic Science

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Department of Criminal Justice Services

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Division of Forensic Science

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Department of Criminal Justice Services

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upon a plea of not guilty and sentenced to death or a term of active imprisonment of one year or more

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actual

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factual

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and

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; (vi) the convicted person demonstrates that the evidence to be tested was secured in relation to the investigation or prosecution that resulted in the conviction and could not have been tested at the time of trial; (vii) the convicted person demonstrates that his failure previously to request testing of the evidence specified in the motion made pursuant to this section was not the result of failure to exercise due diligence as described in subsection D of § 8.01-668.1; (viii) the convicted person demonstrates that the identity of the perpetrator was contested at the trial that resulted in the conviction; and (ix) the convicted person asserts a defense that new testing would support and such defense is not inconsistent with previously asserted defenses

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under oath

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under penalty of perjury

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actual

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factual

Line 106, enrolled, after docket.

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The attorney for the Commonwealth shall, upon request of a person who was the victim of a crime, ensure that such person is given notice of the filing of any motion pursuant to this chapter involving the case or cases in which such person was a victim. Such notice shall be made within five days following the service of such motion upon the attorney for the Commonwealth and shall be delivered by first-class mail to the last known address of such victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide.

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Division

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Department of Criminal Justice Services

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Counsel appointed to represent an indigent in proceedings pursuant to this chapter shall be compensated only for services provided subsequent to appointment by the court. If the motion is denied, the attorney's fees, costs and necessary expenses of such attorney paid by the Commonwealth under the provisions hereof shall be assessed against the defendant.

I. A motion under this section, except where a sentence of death has been imposed, shall be filed within three years of the date of final judgment in the trial court or prior to expiration of the term of active imprisonment, whichever is earlier. A motion under this section by a person sentenced to death shall be filed within three years from the date of final judgment in the trial court or one year from either the final disposition of the direct appeal in state court or the time for filing such appeal has expired, whichever is later.

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or for any person, regardless of the plea, sentenced to death, or convicted of (i) a Class 1 felony, (ii) a Class 2 felony or (iii) any felony for which the maximum penalty is imprisonment for life,

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all of lines 143 and 144 through for life

Line 173, enrolled, after trial.

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The Attorney General shall, upon request of a person who was the victim of a crime, ensure that such person is given notice of the filing of any petition pursuant to this chapter involving the case or cases in which such person was a victim. Such notice shall be made within five days following the service of such petition upon the Attorney General and shall be delivered by first-class mail to the last known address of such victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide.

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Counsel appointed to represent an indigent in proceedings pursuant to this chapter shall be compensated only for services provided subsequent to appointment by the court. If the petition is not granted, the attorney's fees, costs and necessary expenses of such attorney and the cost of all tests performed by the Division of Forensic Science paid by the Commonwealth under the provisions hereof shall be assessed against the petitioner.

F. A petition under this section, except where a sentence of death has been imposed, shall be filed within three years of the date of final judgment in the trial court or prior to expiration of the term of active imprisonment, whichever is earlier. A petition under this section by a person sentenced to death shall be filed within three years from the date of final judgment in the trial court or one year from either the final disposition of the direct appeal in state court or the time for filing such appeal has expired, whichever is later.

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on November 15, 2002

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upon passage of a constitutional amendment by the General Assembly and approval by the voters of Virginia in accordance with Article XII of the Constitution of Virginia

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3. That the provisions of this act, except for the provisions of Chapter 19.2, consisting of §§ 19.2-327.2 through 19.2-327.6, shall be effective beginning January 1, 2002.