SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2021 SESSION

  • | print version

SB 1105 Post-conviction relief; previously admitted scientific evidence, report.

Introduced by: William M. Stanley, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (iii) an exact description of the newly available forensic scientific evidence and its relevance to guilt or punishment; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency or that newly available forensic scientific evidence would discredit or contradict forensic scientific evidence that was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited or contradicted forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2022, and would apply to petitions filed before July 1, 2026. The provisions of the bill are contingent on funding in a general appropriation act.


FULL TEXT

AMENDMENTS

HISTORY