SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2013 SESSION

  • | print version

SB 823 Writ of actual innocence; joint motion for petitions.

Introduced by: Kenneth C. Alexander | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Petitions for writs of actual innocence; joint motion for writ of actual innocence. Provides that the attorney for the Commonwealth of the jurisdiction wherein a person was convicted of a felony may join in a petition for a biological or nonbiological writ of actual innocence. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto with the circuit court that entered the felony conviction and move the court for a hearing to consider release of the person on bail pending a ruling by the appellate court on the writ.

The bill also provides that petitions for writs of actual innocence in the case of either biological or nonbiological evidence may be brought for any felony and upon any plea. For both writs, the petitioner shall allege that the new evidence, had it been available at trial, would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner, as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed.


FULL TEXT

HISTORY