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- Subject Index: Since 1995
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2004 SESSION
SB 333 Felony convictions; issuance of writ of actual innocence for nonbiological evidence.
Introduced by: Kenneth W. Stolle | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Issuance of writ of actual innocence for nonbiological evidence. Establishes a one-opportunity procedure for a convicted felon to petition the Court of Appeals for a writ of actual innocence based on nonbiological previously unknown or unavailable evidence. The Court of Appeals may summarily dismiss the petition but if it determines that a resolution of the case requires further development of the facts, it may order the circuit court to conduct a hearing to certify findings of fact on certain issues. After considering the petition and the Commonwealth's response, the previous records of the case and the record of any hearing, the Court may dismiss the case or grant relief. A petitioner whose writ is not summarily dismissed by the Court of Appeals is entitled to court-appointed counsel in the same manner as an indigent defendant in a criminal case. The bill establishes a process similar to the one that already exists in the Code for previously unknown or untested biological evidence.
FULL TEXT
- 01/14/04 Senate: Presented & ordered printed, prefiled 01/14/04 040776134 pdf
- 02/05/04 Senate: Printed as engrossed 040776134-E pdf | impact statement
- 03/24/04 Senate: Bill text as passed Senate and House (SB333ER) pdf | impact statement
- 05/24/04 Governor: Acts of Assembly Chapter text (CHAP1024) pdf
AMENDMENTS
- House amendments
- House amendments engrossed
- House amendments rejected
- Senate amendments
- Senate amendments rejected
- Governor's recommendation
HISTORY
- 01/14/04 Senate: Presented & ordered printed, prefiled 01/14/04 040776134
- 01/14/04 Senate: Referred to Committee for Courts of Justice
- 01/28/04 Senate: Reported from Courts of Justice w/amds (15-Y 0-N)
- 01/30/04 Senate: Constitutional reading dispensed (40-Y 0-N)
- 01/30/04 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
- 02/02/04 Senate: Passed by for the day
- 02/03/04 Senate: Passed by for the day
- 02/04/04 Senate: Passed by for the day
- 02/05/04 Senate: Read second time
- 02/05/04 Senate: Reading of amendments waived
- 02/05/04 Senate: Committee amendments agreed to
- 02/05/04 Senate: Reading of amendments waived
- 02/05/04 Senate: Amendments by Sen. Lambert rejected (17-Y 23-N)
- 02/05/04 Senate: VOTE: FLOOR AMEND (17-Y 23-N)
- 02/05/04 Senate: Engrossed by Senate as amended SB333E
- 02/05/04 Senate: Printed as engrossed 040776134-E
- 02/06/04 Senate: Read third time and passed Senate (39-Y 0-N)
- 02/06/04 Senate: VOTE: PASSAGE R (39-Y 0-N)
- 02/06/04 Senate: Rec. of passage agreed to by Senate (39-Y 0-N)
- 02/06/04 Senate: VOTE: RECONSIDER R (39-Y 0-N)
- 02/06/04 Senate: Passed Senate (40-Y 0-N)
- 02/06/04 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/06/04 Senate: Communicated to House
- 02/10/04 House: Placed on Calendar
- 02/10/04 House: Read first time
- 02/10/04 House: Referred to Committee for Courts of Justice
- 02/26/04 Senate: Signed by President
- 03/01/04 House: Reported from C. J. with amendments (14-Y 8-N)
- 03/03/04 House: Read second time
- 03/04/04 House: Passed by for the day
- 03/05/04 House: Passed by for the day
- 03/08/04 House: Read third time
- 03/08/04 House: Committee amendments Nos. 1,3,4,5,6,7 and 8 agreed to
- 03/08/04 House: Committee amendment No. 2 agreed to
- 03/08/04 House: Pending question ordered
- 03/08/04 House: Amendment by Del. Petersen rejected
- 03/08/04 House: Pending question ordered
- 03/08/04 House: Amendments by Del. Hurt rejected
- 03/08/04 House: Amendments by Del. Moran rejected
- 03/08/04 House: Amendments by Del. Bell rejected
- 03/08/04 House: Pending question ordered
- 03/08/04 House: Amendment by Del. Bell rejected
- 03/08/04 House: Pending question ordered
- 03/08/04 House: Engrossed by House as amended
- 03/08/04 House: Passed House with amendments (76-Y 23-N)
- 03/08/04 House: VOTE: PASSAGE (76-Y 23-N)
- 03/10/04 Senate: House amendments #1, 3-8, agreed to by Senate (40-Y 0-N)
- 03/10/04 Senate: VOTE: AGREE TO IN PART (40-Y 0-N)
- 03/10/04 Senate: House amendment #2 agreed to by Senate (38-Y 2-N)
- 03/10/04 Senate: VOTE: CONCUR HOUSE AMEND. #2 (38-Y 2-N)
- 03/24/04 Senate: Bill text as passed Senate and House (SB333ER)
- 03/24/04 Senate: Enrolled
- 03/26/04 Senate: Signed by President
- 03/27/04 House: Signed by Speaker
- 04/15/04 Senate: Governor's recommendation received by Senate
- 04/20/04 Senate: Placed on Calendar
- 04/21/04 Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
- 04/21/04 Senate: VOTE: ADOPT GOV. RECOMM. (40-Y 0-N)
- 04/21/04 House: House rejected Gov's recommendation (43-Y 57-N)
- 04/21/04 House: VOTE: REJECTED (43-Y 57-N)
- 04/21/04 House: Communicated to Governor
- 05/21/04 Governor: Approved by Governor-Chapter 1024 (effective 7/1/04)
- 05/24/04 Governor: Acts of Assembly Chapter text (CHAP1024)