Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
8.4 KiB
type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
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| Bill | Writ of actual innocence; petition by convicted person. | 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. The provisions of the bill are contingent on funding in a general appropriation act. | us/states/va | Virginia General Assembly | 2020 | SB 511 | Virginia SB 511 (2020) |
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enacted |
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4 | 37 | 9 | 2020-01-07 | 2020-04-09 | openstates | ocd-bill/b989e710-4667-4a71-96d5-98a2f3e429a1 | https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB511 | 2804efc911d1d2b234f9036d17d992d1402ea57b6b14560787a935b0956cc376 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Virginia SB 511 (2020) — Writ of actual innocence; petition by convicted person.
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. The provisions of the bill are contingent on funding in a general appropriation act.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- Acts of Assembly Chapter text (CHAP0994) (committee substitute) — source
- Bill text as passed Senate and House (SB511ER) (committee substitute) — source
- Engrossed by Senate as amended SB511E (committee substitute) — source
- Impact statement from DPB (SB511) (committee substitute) — source
Votes
- Reported from Courts of Justice with amendment (12-Y 8-N) — 12–8 (pass) · lower
- Reported from Judiciary (10-Y 4-N) — 10–4 (pass) · upper
- Reported from Appropriations (13-Y 9-N) — 13–9 (pass) · lower
- VOTE: Passage (56-Y 44-N) — 55–44 (pass) · lower
- Reported from Finance and Appropriations with amendment (15-Y 1-N) — 15–1 (pass) · upper
- Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
- Constitutional reading dispensed (36-Y 0-N) — 36–0 (pass) · upper
- Read third time and passed Senate (23-Y 17-N) — 23–17 (pass) · upper
- House amendment agreed to by Senate (23-Y 14-N) — 23–14 (pass) · upper
Sponsors
- John S. Edwards — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2020-01-07 Prefiled and ordered printed; offered 01/08/20 20104713D
introduction - 2020-01-07 Referred to Committee on the Judiciary
referral-committee - 2020-01-08 Moved from Courts of Justice to Judiciary due to a change of the committee name
- 2020-02-05 Reported from Judiciary (10-Y 4-N)
committee-passage - 2020-02-05 Rereferred to Finance and Appropriations
referral-committee - 2020-02-06 Reported from Finance and Appropriations with amendment (15-Y 1-N)
committee-passage - 2020-02-10 Impact statement from DPB (SB511)
- 2020-02-10 Constitutional reading dispensed (36-Y 0-N)
- 2020-02-11 Read second time
reading-2 - 2020-02-11 Reading of amendment waived
- 2020-02-11 Committee amendment agreed to
- 2020-02-11 Engrossed by Senate as amended SB511E
- 2020-02-11 Printed as engrossed 20104713D-E
- 2020-02-11 Constitutional reading dispensed (40-Y 0-N)
- 2020-02-11 Read third time and passed Senate (23-Y 17-N)
passage, reading-3 - 2020-02-14 Placed on Calendar
- 2020-02-14 Read first time
reading-1 - 2020-02-14 Referred to Committee for Courts of Justice
referral-committee - 2020-02-19 Reported from Courts of Justice with amendment (12-Y 8-N)
committee-passage - 2020-02-19 Referred to Committee on Appropriations
referral-committee - 2020-02-21 Reported from Appropriations (13-Y 9-N)
committee-passage - 2020-02-24 Impact statement from DPB (SB511E)
- 2020-02-25 Read second time
reading-2 - 2020-02-26 Read third time
reading-3 - 2020-02-26 Committee amendment agreed to
- 2020-02-26 Engrossed by House as amended
- 2020-02-26 Passed House with amendment (56-Y 44-N)
passage - 2020-02-26 VOTE: Passage (56-Y 44-N)
- 2020-02-28 Passed by temporarily
- 2020-02-28 House amendment agreed to by Senate (23-Y 14-N)
- 2020-03-05 Enrolled
- 2020-03-06 Signed by Speaker
- 2020-03-07 Signed by President
- 2020-03-12 Enrolled Bill Communicated to Governor on March 12, 2020
- 2020-03-12 Governor's Action Deadline 11:59 p.m., April 11, 2020
- 2020-03-20 Impact statement from DPB (SB511ER)
- 2020-04-09 Approved by Governor-Chapter 994 (effective 7/1/20)
executive-signature
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/b989e710-4667-4a71-96d5-98a2f3e429a1. Confidence: reported (aggregated from official Virginia legislature records).