AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. MORRISSEY

1. Line 4, introduced, Title, after 19.2-327.5,

insert

19.2-327.10,

DEL. MORRISSEY

2. Line 11, introduced, after 19.2-327.5,

insert

19.2-327.10,

DEL. MORRISSEY

3. After line 71, introduced

insert

§ 19.2-327.10. Issuance of writ of actual innocence based on nonbiological evidence.

Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony upon a plea of not guilty, the Court of Appeals shall have the authority to issue writs of actual innocence under this chapter. Only one such writ based upon such conviction may be filed by a petitioner. Any second or subsequent writ can only be filed with the consent and concurrence of the Commonwealth's Attorney. The writ shall lie to the court that entered the conviction; and that court shall have the authority to conduct hearings, as provided for in this chapter, on such a petition as directed by order from the Court of Appeals. In accordance with §§ 17.1-411 and 19.2-317, either party may appeal a final decision of the Court of Appeals to the Supreme Court of Virginia. Upon an appeal from the Court of Appeals, the Supreme Court of Virginia shall have the authority to issue writs in accordance with the provisions of this chapter.