HB 258

Abstract

Post-conviction relief; previously admitted scientificevidence. Provides that a person who was convicted of certain offenses,upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent,upon a plea of not guilty or an Alford plea, by a circuit court of an offensethat would be a covered offense if committed by an adult may petition the Courtof Appeals to have his conviction vacated. The petition shall allege (i) thecovered offense for which the petitioner was convicted or adjudicateddelinquent; (ii) that the petitioner did not commit the covered offense forwhich the petitioner was convicted or adjudicated delinquent, nor engage inconduct that would support a conviction for a lesser offense or any other crimearising from, or reasonably connected to, the facts supporting the indictmentor information upon which he was convicted or adjudicated delinquent; (iii) anexact description of the forensic scientific evidence and its relevance indemonstrating that the petitioner did not commit the covered offense; (iv)specific facts indicating that relevant forensic scientific evidence was notavailable or could not have been obtained in the exercise of diligence beforethe expiration of 21 days following entry of the final order of conviction oradjudication of delinquency, or that discredited forensic scientific evidencewas admitted at the petitioner's trial or adjudication of delinquency; and (v)that the admission of the discredited forensic scientific evidence or theabsence of the newly available forensic scientific evidence was not harmless.The bill provides that if the court finds by clear and convincing evidence thatthe admission of the discredited forensic scientific evidence or the absence ofthe newly available forensic scientific evidence was not harmless, the courtmay grant the petition and vacate the petitioner's conviction, subject toretrial in the discretion of the Commonwealth. The bill has a delayed effectivedate of July 1, 2021, and an expiration date of July 1, 2025.