VA HB974 | 2020 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 9 2020 - 100% progression
Action: 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP0993)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 9 2020 - 100% progression
Action: 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP0993)
Text: Latest bill text (Chaptered) [HTML]
Summary
Petition for writ of actual innocence. Provides that a 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 committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence 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 if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency.
Title
Writ of actual innocence; petition by convicted person.
Sponsors
Roll Calls
2020-03-07 - House - House: VOTE: Adoption (58-Y 41-N) (Y: 58 N: 41 NV: 1 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Conference report agreed to by Senate (28-Y 10-N) (Y: 28 N: 10 NV: 2 Abs: 0) [PASS]
2020-02-28 - Senate - Senate: Senate insisted on amendment (37-Y 0-N) (Y: 37 N: 0 NV: 3 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Adoption (0-Y 97-N) (Y: 0 N: 97 NV: 3 Abs: 0) [FAIL]
2020-02-24 - Senate - Senate: Passed Senate with amendment (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-02-21 - Senate - Senate: Constitutional reading dispensed (32-Y 0-N) (Y: 32 N: 0 NV: 8 Abs: 0) [PASS]
2020-02-19 - Senate - Senate: Reported from Judiciary with amendment (7-Y 4-N) (Y: 7 N: 4 NV: 0 Abs: 0) [PASS]
2020-02-11 - House - House: VOTE: Passage (63-Y 37-N) (Y: 63 N: 37 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Reported from Appropriations (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Reported from Appropriations (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Subcommittee recommends reporting (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2020-02-05 - House - House: Reported from Courts of Justice (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-03 - House - House: Subcommittee recommends reporting (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
2020-03-07 - Senate - Senate: Conference report agreed to by Senate (28-Y 10-N) (Y: 28 N: 10 NV: 2 Abs: 0) [PASS]
2020-02-28 - Senate - Senate: Senate insisted on amendment (37-Y 0-N) (Y: 37 N: 0 NV: 3 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Adoption (0-Y 97-N) (Y: 0 N: 97 NV: 3 Abs: 0) [FAIL]
2020-02-24 - Senate - Senate: Passed Senate with amendment (27-Y 13-N) (Y: 27 N: 13 NV: 0 Abs: 0) [PASS]
2020-02-21 - Senate - Senate: Constitutional reading dispensed (32-Y 0-N) (Y: 32 N: 0 NV: 8 Abs: 0) [PASS]
2020-02-19 - Senate - Senate: Reported from Judiciary with amendment (7-Y 4-N) (Y: 7 N: 4 NV: 0 Abs: 0) [PASS]
2020-02-11 - House - House: VOTE: Passage (63-Y 37-N) (Y: 63 N: 37 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Reported from Appropriations (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Reported from Appropriations (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-07 - House - House: Subcommittee recommends reporting (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2020-02-05 - House - House: Reported from Courts of Justice (16-Y 6-N) (Y: 16 N: 6 NV: 0 Abs: 0) [PASS]
2020-02-03 - House - House: Subcommittee recommends reporting (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-04-09 | Governor: Acts of Assembly Chapter text (CHAP0993) | |
2020-04-09 | Governor: Approved by Governor-Chapter 993 (effective 7/1/20) | |
2020-03-20 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 | |
2020-03-20 | House | Enrolled Bill communicated to Governor on March 20, 2020 |
2020-03-19 | House | Signed by Speaker |
2020-03-18 | Senate | Signed by President |
2020-03-18 | House | Bill text as passed House and Senate (HB974ER) |
2020-03-18 | House | Enrolled |
2020-03-07 | House | VOTE: Adoption (58-Y 41-N) |
2020-03-07 | House | Conference report agreed to by House (58-Y 41-N) |
2020-03-07 | Senate | Conference report agreed to by Senate (28-Y 10-N) |
2020-03-07 | Conference: Amended by conference committee | |
2020-03-04 | House | Delegates: Herring, Delaney, Rush |
2020-03-04 | House | Conferees appointed by House |
2020-03-03 | Senate | Senators: Deeds, Edwards, Stanley |
2020-03-03 | Senate | Conferees appointed by Senate |
2020-03-02 | House | House acceded to request |
2020-02-28 | Senate | Senate requested conference committee |
2020-02-28 | Senate | Senate insisted on amendment (37-Y 0-N) |
2020-02-26 | House | VOTE: REJECTED (0-Y 97-N) |
2020-02-26 | House | Senate amendment rejected by House (0-Y 97-N) |
2020-02-26 | House | Placed on Calendar |
2020-02-24 | Senate | Passed Senate with amendment (27-Y 13-N) |
2020-02-24 | Senate | Engrossed by Senate as amended |
2020-02-24 | Senate | Committee amendment agreed to |
2020-02-24 | Senate | Reading of amendment waived |
2020-02-24 | Senate | Read third time |
2020-02-21 | Senate | Constitutional reading dispensed (32-Y 0-N) |
2020-02-19 | Senate | Reported from Judiciary with amendment (7-Y 4-N) |
2020-02-12 | Senate | Referred to Committee on the Judiciary |
2020-02-12 | Senate | Constitutional reading dispensed |
2020-02-11 | House | VOTE: Passage (63-Y 37-N) |
2020-02-11 | House | Read third time and passed House (63-Y 37-N) |
2020-02-10 | House | Read second time and engrossed |
2020-02-09 | House | Read first time |
2020-02-07 | House | Reported from Appropriations (16-Y 6-N) |
2020-02-07 | House | Subcommittee recommends reporting (5-Y 3-N) |
2020-02-07 | House | Assigned App. sub: Transportation & Public Safety |
2020-02-05 | House | Referred to Committee on Appropriations |
2020-02-05 | House | Reported from Courts of Justice (16-Y 6-N) |
2020-02-03 | House | Subcommittee recommends reporting (6-Y 2-N) |
2020-02-02 | House | Assigned Courts sub: Criminal |
2020-01-07 | House | Referred to Committee for Courts of Justice |
2020-01-07 | House | Prefiled and ordered printed; offered 01/08/20 20104714D |
Same As/Similar To
SB511 (Same As) 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP0994)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
19 | 2 | 327.10 | (n/a) | See Bill Text |
19 | 2 | 327.10:1 | (n/a) | See Bill Text |
19 | 2 | 327.11 | (n/a) | See Bill Text |
19 | 2 | 327.13 | (n/a) | See Bill Text |
19 | 2 | 327.2 | (n/a) | See Bill Text |
19 | 2 | 327.2:1 | (n/a) | See Bill Text |
19 | 2 | 327.3 | (n/a) | See Bill Text |
19 | 2 | 327.5 | (n/a) | See Bill Text |