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2013 SESSION

13103310D
SENATE BILL NO. 1237
Offered January 9, 2013
Prefiled January 8, 2013
A BILL for the relief of Calvin Wayne Cunningham.
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Patron-- Lucas
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Referred to Committee on Finance
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Whereas, on June 19, 1981, Calvin Cunningham (Mr. Cunningham) was convicted of rape and burglary charges and was sentenced on September 4, 1981, to 15 years for rape and five years for burglary; and

Whereas, the case against Mr. Cunningham rested on identification of him as the attacker, and the victim claimed she recognized Mr. Cunningham as her assailant because they lived in the same apartment complex and he was the only African American man in the building, despite several witnesses testifying that there were other men fitting the victim's description of an African American man between 5'10" and 6' with a beard living in the apartment complex; and

Whereas, Mr. Cunningham served seven years of wrongful imprisonment; and

Whereas, in 2010, Mr. Cunningham was informed that DNA tests on evidence excluded him as the possible assailant; and

Whereas, on April 12, 2011, Mr. Cunningham was granted a writ of actual innocence by the Virginia Supreme Court, formally clearing him; and

Whereas, Mr. Cunningham has no other means to obtain adequate relief except by action of this body; now, therefore,

Be it enacted by the General Assembly of Virginia:

1.  § 1. That there is hereby appropriated from the general fund of the state treasury the sum of $291,041 for the relief of Calvin Wayne Cunningham (Mr. Cunningham) upon execution of a release by Mr. Cunningham from any present or future claims Mr. Cunningham may have against the Commonwealth or any agency, instrumentality, office, employee, or political subdivision thereof and any legal counsel appointed pursuant to § 19.2-159 of the Code of Virginia.

The compensation, subject to the execution of the release described herein, shall be paid as follows: (i) an initial lump sum of $58,208 to be paid to Mr. Cunningham by check issued by the State Treasurer on warrant of the Comptroller within 60 days immediately following the execution of such release and (ii) the sum of $232,833 to purchase an annuity no later than September 30, 2013, for the primary benefit of Mr. Cunningham, the terms of such annuity structured in Mr. Cunningham's best interests based on consultation among Mr. Cunningham or his representatives, the State Treasurer, and other necessary parties.

The State Treasurer shall purchase the annuity at the lowest cost available from any A+ rated company authorized to sell annuities in the Commonwealth, including any A+ rated company from which the State Lottery Department may purchase an annuity. The annuity shall provide that it shall not be sold, discounted, or used as securitization for loans and mortgages. The annuity shall, however, contain beneficiary provisions providing for the annuity's continued disbursement in the event of Mr. Cunningham's death.

§ 2. That Mr. Cunningham shall immediately be ineligible to receive any unpaid amounts from the compensation and his beneficiaries shall be ineligible to receive any payments under the annuity purchased pursuant to § 1 of this act upon any conviction on or after January 1, 2013, of Mr. Cunningham for any felony. Any unpaid amounts remaining under the annuity shall become the property of the Commonwealth and shall be deposited into the general fund of the state treasury.