Virginia House Bill 1506 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on January 4 2023 - 25% progression, died in committee
Action: 2023-02-07 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Post-conviction relief; previously admitted scientific Post-conviction relief; previously admitted scientific evidence. 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 a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated on the basis of new or discredited forensic scientific evidence, defined in the bill. 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 bill has a delayed effective date of July 1, 2024, and an expiration date of July 1, 2028.

Post-conviction relief; previously admitted scientific evidence.

Del. Kelly Convirs-Fowler [D]

2023-01-18 - House - House: Subcommittee recommends laying on the table (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2023-01-18 - House - House: Subcommittee recommends laying on the table (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2023-02-07	House	Left in Courts of Justice
2023-01-18	House	Subcommittee recommends laying on the table (5-Y 3-N)
2023-01-17	House	Assigned Courts sub: Subcommittee #1
2023-01-04	House	Referred to Committee for Courts of Justice
2023-01-04	House	Prefiled and ordered printed; offered 01/11/23 23102059D

Chapter	Article	Section	Citation Type	Statute Text
19	2	327.21	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1506
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB1506+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0801V0086+HB1506
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0801V0098+HB1506