Writ of actual innocence; petition by convicted person.
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HB 974 — Writ of actual innocence; petition by convicted person.
Last action — Approved by Governor-Chapter 993 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
11 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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. This bill is identical to SB 511.
Bill Text
What changed in the latest version
47 added · 40 removedPlain-language change summary
The recent amendments to HB 974 clarify the requirements for filing a petition for a writ of actual innocence in Virginia. Key changes include a more specific directive for petitioners to use a form provided by the Supreme Court and an emphasis on the necessity for submitting a complete form, which can prevent the dismissal of their petition. Additionally, the Attorney General is now required to respond to petitions within 30 days, ensuring a more timely review process. These updates aim to streamline the petition process and enhance accountability, helping to ensure that only valid claims are considered.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 993 An Act to amend and reenact §§ 19.2-327.2, 19.2-327.2:1, 19.2-327.3, 19.2-327.5, 19.2-327.10, 19.2-327.10:1, 19.2-327.11, and 19.2-327.13 of the Code of Virginia, relating to petition for writ of actual innocence.
[H 974] Approved April 9, 2020 Be it enacted by the General Assembly of Virginia:
Action History
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Approved by Governor-Chapter 993 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 20, 2020
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Impact statement from DPB (HB974ER)
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Adoption (58-Y 41-N)
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Conference report agreed to by House (58-Y 41-N)
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Conference report agreed to by Senate (28-Y 10-N)
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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House acceded to request
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Senate requested conference committee
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Senate insisted on amendment (37-Y 0-N)
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VOTE: REJECTED (0-Y 97-N)
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Senate amendment rejected by House (0-Y 97-N)
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Placed on Calendar
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Passed Senate with amendment (27-Y 13-N)
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Constitutional reading dispensed (32-Y 0-N)
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Reported from Judiciary with amendment (7-Y 4-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Passage (63-Y 37-N)
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Read third time and passed House (63-Y 37-N)
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Read second time and engrossed
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Impact statement from DPB (HB974)
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Read first time
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Reported from Appropriations (16-Y 6-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned App. sub: Transportation & Public Safety
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Referred to Committee on Appropriations
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Reported from Courts of Justice (16-Y 6-N)
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Subcommittee recommends reporting (6-Y 2-N)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/08/20 20104714D
Sponsors
- Charniele L. Herring · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 106 voted No
Sponsors (1)
- Charniele L. Herring Voted No
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 41 | 0 | 1 |
| Total | 57 | 41 | 0 | 1 |
| % of votes cast | 58% | 41% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 10 | 0 | 2 |
| Total | 28 | 10 | 0 | 2 |
| % of votes cast | 70% | 25% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 96 | 0 | 3 |
| Total | 0 | 96 | 0 | 3 |
| % of votes cast | 0% | 97% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 8 |
| Total | 32 | 0 | 0 | 8 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 4 | 0 | 0 |
| Total | 7 | 4 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 62 | 37 | 0 | 0 |
| Total | 62 | 37 | 0 | 0 |
| % of votes cast | 63% | 37% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 6 | 0 | 0 |
| Total | 16 | 6 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Aird, Lashrecse D. | — | Yea |
| Delores L. McQuinn | — | Yea |
| James W. Morefield | — | Nay |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 6 | 0 | 0 |
| Total | 16 | 6 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 1 |
| Total | 6 | 2 | 0 | 1 |
| % of votes cast | 67% | 22% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Yea |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 974 do?
- 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. This bill is identical to SB 511.
- Who sponsors HB 974?
- HB 974 is sponsored by Charniele L. Herring.
- What is the current status of HB 974?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 974?
- Track HB 974 free on One Click Politics — get push/email alerts when it moves.
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