Virginia 2022 Regular Session Status: In Committee

HB 423 — Writ of actual innocence; previously unknown or unavailable nonbiological evidence.

Last action — Stricken from docket by Courts of Justice (18-Y 0-N)

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

This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Writ of actual innocence; previously unknownor unavailable nonbiological evidence; contents and form of petition.Changes the requirement that a petitioner allege in a writ of actualinnocence based on nonbiological evidence previously unknown or unavailablethat such previously unknown or unavailable evidence is such as couldnot, by the exercise of diligence, have been discovered or obtainedbefore the expiration of 21 days following entry of the final orderof conviction or adjudication of delinquency by the circuit courtto instead require that the petitioner allege such evidence was not discovered or obtained prior to such expiration of 21 days.

Bill Text

Action History

  1. Stricken from docket by Courts of Justice (18-Y 0-N)

  2. Subcommittee recommends striking from docket (8-Y 0-N)

  3. Assigned Courts sub: Subcommittee #1

  4. Impact statement from DPB (HB423)

  5. Referred to Committee for Courts of Justice

  6. Prefiled and ordered printed; offered 01/12/22 22102523D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 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

Stricken from docket by Courts of Justice (18-Y 0-N)

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)
Member Party Vote
Adams, Les R. — Yea
Bell, Robert B. — Yea
Bourne, Jeffrey M. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Not Voting
Charniele L. Herring — Yea
Don Scott — Yea
Freitas, Nicholas J. — Yea
James A. "Jay" Leftwich — Yea
Jason S. Ballard — Yea
Jessica L. Anderson — Yea
Karrie K. Delaney — Not Voting
Keam, Mark L. — Yea
Marcus B. Simon — Yea
Patrick A. Hope — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Yea
Vivian E. Watts — Yea
Wren M. Williams — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 423 do?
Writ of actual innocence; previously unknownor unavailable nonbiological evidence; contents and form of petition.Changes the requirement that a petitioner allege in a writ of actualinnocence based on nonbiological evidence previously unknown or unavailablethat such previously unknown or unavailable evidence is such as couldnot, by the exercise of diligence, have been discovered or obtainedbefore the expiration of 21 days following entry of the final orderof conviction or adjudication of delinquency by the circuit courtto instead require that the petitioner allege such evidence was not discovered or obtained prior to such expiration of 21 days.
Who sponsors HB 423?
HB 423 is sponsored by Charniele L. Herring.
What is the current status of HB 423?
This bill died with 2022 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 HB 423?
Track HB 423 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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