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2005 SESSION

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HB 1805 Felony convictions; issuance of writ of actual innocence for nonbiological evidence.

Introduced by: Robert G. Marshall | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

The Freedom Restoration Act; post-conviction relief. Amends provisions added to the Code during the 2004 General Assembly Session regarding writs of actual innocence based on non-biological evidence by removing the provision that the petitioner must have pled not guilty, the limit of one writ per conviction and the requirement that the evidence was previously unknown or unavailable to the petitioner or his trial attorney at the time the conviction became final. The bill allows the writ if the reason the evidence was not obtained was because of the failure of trial counsel to exercise due diligence, and changes the standard for issuance of the writ to substantial doubt about the petitioner's guilt. The circuit court may order an evidentiary hearing if necessary for the petitioner to develop additional facts.

FULL TEXT

• 01/05/05  House: Prefiled & ordered printed; offered 01/12/05 054055396  pdf

HISTORY

• 01/05/05  House: Prefiled & ordered printed; offered 01/12/05 054055396
• 01/05/05  House: Referred to Committee for Courts of Justice
• 01/14/05  House: Assigned to C. J. sub-committee: Criminal Law
• 01/31/05  House: Passed by indefinitely in C. J. (13-Y 8-N)