Writs of actual innocence. Provides thata person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committedby an adult may petition for a writ of actual innocence based onbiological evidence or nonbiological evidence regardless of the typeof plea he entered at trial. Under current law, such person may petition for either writ if he entered a plea of not guilty, and any person,regardless of the type of plea he entered at trial, may petition for such writ based on biological evidence if he is sentenced todeath or convicted or adjudicated delinquent of murder or a felonyfor which the maximum punishment is imprisonment for life. The billalso eliminates the provision that limits a petitioner to only onewrit of actual innocence based on nonbiological evidence for anyconviction. The bill also clarifies that the Attorney General mayjoin a petition for a writ of actual innocence filed in connectionwith an adjudication of delinquency. Finally, the bill provides thatthe circuit court that entered the felony conviction or adjudicationof delinquency has original jurisdiction over the writ and that thepetitioner may appeal any final order denying such writ to the Courtof Appeals as an appeal of right.
Sponsored bills
Death penalty executions; moratorium. Imposesa moratorium on executions. The bill does not affect any other matterof law related to the death penalty, including bringing and tryingcapital charges, sentencing proceedings, imposition of the deathpenalty, appeals of the death penalty, and habeas review. The moratorium will remain in effect until adjournment of the first regular sessionof the General Assembly after a joint subcommittee established pursuantto a joint resolution passed by the 2020 General Assembly conductsa study of the death penalty in the Commonwealth and issues a reportof its conclusions and recommendations.
War memorials for veterans. Removes a prohibition on (i) disturbing or interfering with any war monument or memorial erected by a locality or (ii) preventing citizens from maintaining such monument or memorial. The bill authorizes a locality to remove, relocate, or alter any such monument or memorial on the locality's public property upon the affirmative vote of its governing body, regardless of when the monument or memorial was erected, and removes certain criminal and civil penalties for such removal, relocation, or alteration. The bill also restricts bringing a cause of action pursuant to such penalties to the attorney for the locality in which the memorial or monument is located. Current law authorizes any person having an interest in the matter to bring such action if no action is brought within 60 days of the violation. The bill repeals an 1890 act of assembly related to the placement of a statue in the City of Alexandria. This bill was incorporated into HB 1537.
Election day; extending polling hours. Extends from 7:00 p.m. to 8:00 p.m. the time at which polls close on election day. The bill aligns candidate filing deadlines and party nomination deadlines with the closing of polls. This bill was incorporated into HB 1678.
Black Women's Heritage Month. Designatesthe month of June as Black Women's Heritage Month in Virginia tofocus on and celebrate the myriad achievements and contributionsof African American women throughout the history of the Commonwealthand the United States.
Jamestown-Yorktown Foundation; commemoration of the American Revolution. Designates the Jamestown-YorktownFoundation as the official executive branch agency to assist theCommonwealth in establishing planning systems for commemorating the250th anniversary of the American Revolution and the independenceof the United States of America.
Discretionary sentencing guideline midpoints;act of domestic terrorism enhancement. Provides that in additionto any increase in the midpoint of an initial recommended sentencingrange already calculated for a defendant's criminal history, a defendantwho commits an act of domestic terrorism, as defined in the bill,shall have the midpoint of the recommended sentencing range for hisoffense further increased by 200 percent in all cases.
General Assembly meetings; streaming and recording. Requires the Clerk of the House of Delegates and the Clerk of theSenate to ensure that every (i) subcommittee or committee meetingof a standing committee of the General Assembly, regardless of meetingdate, and (ii) floor session of the House of Delegates or the Senate,including any joint session of the houses, is streamed with closedcaptioning, recorded and archived. The bill defines "stream" and specifiesthat a qualifying meeting is one the date and time of which havebeen scheduled on a public website of any agency of the General Assemblyfor at least one hour prior to the meeting and that takes place inthe State Capitol, the Pocahontas Building, or the General AssemblyBuilding in Richmond. The bill has a delayed effective date of October1, 2020.
Protective orders; prohibited contact; remotecontrol of appliance, utility, or device by electronic device. Clarifiesthat a court entering a protective order may, as a condition of suchprotective order, prohibit the respondent from using any electronicdevice to remotely control any appliance, utility, or device locatedon or within the petitioner's residence or the curtilage thereof.
Preventive services; coverage for outpatientmental health screenings or visits. Requires a health carrierto provide coverage as a preventive service for at least six annualtherapy or counseling outpatient screenings or visits with a licensedmental health professional for the early detection or preventionof mental illness. Health carriers are prohibited from imposing any cost-sharing requirements for mandated preventive services.