Post-conviction relief; previously admitted scientific evidence.
Summary
Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be such offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The provisions of the bill become effective July 1, 2019, and expire July 1, 2023.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2018
Committee Review
Feb 2018
Senate Passage
Feb 2018
House of Delegates Passage
Governor
Introduced Jan 10, 2018
Last action Mar 2, 2018
Floor votes · Senate Feb 6, 2018
How they voted
34–0
Passed
Total votes 34
Feb 6, 2018
D
Democratic14
100% Yea
R
Republican20
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
14
Key actions
5
Committee
6
Feb 26, 2018
Lower · Passed
Subcommittee recommends continuing to 2019 by voice vote
lower
Feb 23, 2018
Committee
Assigned Courts sub: Subcommittee #1
lower
Feb 14, 2018
Committee
Referred to Committee for Courts of Justice
lower
Feb 8, 2018
Upper · Passed
Engrossed by Senate - committee substitute SB777S1
upper
Feb 8, 2018
Upper · Passed
Committee substitute agreed to 18106150D-S1
upper
Feb 7, 2018
Upper · Passed
Passed by for the day
upper
Feb 6, 2018
Senate · Passed
Senate Vote: pass (34-0)
senate
Jan 10, 2018
Committee
Referred to Committee for Courts of Justice
upper
Jan 10, 2018
Introduced
Prefiled and ordered printed; offered 01/10/18 18104526D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Bill Stanley
RRepublican
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