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2018 SESSION

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HB 104 Writ of actual innocence; a person may petition based on biological evidence regardless of plea.

Introduced by: Charniele L. Herring | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Petition for writ of actual innocence. Provides that a person may petition for a writ of actual innocence based on biological evidence regardless of the type of plea he entered at trial. Under current law, a person may petition for a writ based on biological evidence if he (i) entered a plea of not guilty, (ii) is convicted of murder, or (iii) is convicted of a felony for which the maximum punishment is imprisonment for life. The bill also clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency.


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