SB 511

Abstract

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 HB 974.

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.

Petition for writ of actual innocence. Provides that aperson who was convicted of a felony or who was adjudicated delinquent by acircuit court of an offense that would be a felony if committed by an adult maypetition for a writ of actual innocence based on biological evidence ornonbiological evidence regardless of the type of plea he entered at trial.Under current law, such person may petition for a writ based on biologicalevidence if he entered a plea of not guilty, and any person, regardless of thetype of plea he entered at trial, may petition for such writ if he is sentencedto death or convicted or adjudicated delinquent of murder or a felony for whichthe maximum punishment is imprisonment for life. The bill also (i) allows awrit of actual innocence based on nonbiological evidence to be granted ifscientific testing of previously untested evidence, regardless of whether suchevidence was available or known at the time of conviction, proves that no trierof 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 ofconviction, and (ii) eliminates the provision that limits a petitioner to onlyone writ of actual innocence based on nonbiological evidence for anyconviction. The bill provides that the petitioner must prove the allegationssupporting either type of writ of actual innocence by a preponderance of theevidence. Currently, the petitioner must prove such allegations by clear andconvincing evidence. Finally, the bill clarifies that the Attorney General mayjoin a petition for a writ of actual innocence filed in connection with anadjudication of delinquency.