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2023 SESSION

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SB 958 Writs of actual innocence; statue of limitations for filing of a petition.

Introduced by: Richard H. Stuart | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Writs of actual innocence. Requires the Attorney General to provide written notice of intent to join a petition for a writ of actual innocence to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. The bill directs the Court of Appeals to dismiss any second or subsequent petition for failure to identify new or different evidence in support of actual innocence or for failure to assert the new or different evidence in a prior petition under circumstances that constitute an abuse of the writ. The bill directs the Attorney General to notify the victim or victim's representative of a hearing scheduled or any oral argument; the victim or victim's representative has the right to attend such hearing or oral argument.

SUMMARY AS INTRODUCED:

Writs of actual innocence. Provides a statute of limitations for the filing of a petition for a writ of actual innocence of two years from the date of finalized conviction or the date the petitioner discovers unknown or unavailable evidence or scientific testing method, whichever is later. The bill requires the Attorney General to provide written notice of intent to join a petition for a writ of actual innocence to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. The bill establishes the evidentiary standard for writs of actual innocence as preponderance of the evidence for persons who pled not guilty and as clear and convincing evidence for persons who pled guilty or nolo contendere. The bill bars human biological evidence or the recantation of testimony by a witness against the petitioner as the sole basis for seeking relief. The bill directs the Court of Appeals to dismiss any second or subsequent petition for failure to identify new or different evidence in support of actual innocence or for failure to assert the new or different evidence in a prior petition under circumstances that constitute an abuse of the writ. The bill directs the Attorney General to notify the victim or victim's representative of a hearing scheduled or any oral argument; the victim or victim's representative has the right to attend such hearing or oral argument.