Virginia 2020 Regular Session Status: In Committee

SB 823 — Writs of actual innocence; petition by person who was convicted of a felony, etc.

Last action — Failed to report (defeated) in Judiciary (6-Y 7-N)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

  • Impact statement from DPB (SB823) View text Current html January 08, 2020

Action History

  1. Failed to report (defeated) in Judiciary (6-Y 7-N)

  2. Impact statement from DPB (SB823)

  3. Referred to Committee on the Judiciary

  4. Prefiled and ordered printed; offered 01/08/20 20105172D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 6 voted No

Sponsors (1)

  • Joseph D. Morrissey

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed to report (defeated) in Judiciary (6-Y 7-N)

Failed 6 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6702
Total 6702
% of votes cast 40%47%0%13%
How each member voted (15)
Member Party Vote
Chafin, A. Benton "Ben" — Nay
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Not Voting
L. Louise Lucas — Yea
Mark D. Obenshain — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Not Voting
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 823 do?
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.
Who sponsors SB 823?
SB 823 is sponsored by Joseph D. Morrissey and Samirah, Ibraheem S..
What is the current status of SB 823?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 823?
Track SB 823 free on One Click Politics — get push/email alerts when it moves.

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