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2013 SESSION

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HB 1308 Writ of actual innocence; petition by juvenile adjudicated delinquent upon felony charge.

Introduced by: Gregory D. Habeeb | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Writ of actual innocence for juveniles adjudicated delinquent. Provides that a juvenile adjudicated delinquent in a circuit court of an offense that would be a felony if committed by an adult may petition the Supreme Court to issue a writ of actual innocence on the basis of biological or nonbiological evidence.

SUMMARY AS INTRODUCED:

Writ of actual innocence for juveniles adjudicated delinquent. Provides that a juvenile adjudicated delinquent of an offense that would be a felony if committed by an adult may petition the Supreme Court to issue a writ of actual innocence on the basis of biological or nonbiological evidence regardless of his plea or the classification of the felony for which he was adjudicated delinquent. Currently such petitions are limited to those convicted (i) in the case of biological evidence, of a Class 1 or Class 2 felony or equivalent felony upon any plea or of any other felony upon a plea of not guilty or (ii) in the case of nonbiological evidence, of any felony upon a plea of not guilty.