Bill Stanley
- Republican
- Senator
- District 7
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the offense for which the petitioner was convicted or adjudicated delinquent; (iii) an exact description of the newly available forensic scientific evidence and its relevance to guilt or punishment; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency or that newly available forensic scientific evidence would discredit or contradict forensic scientific evidence that was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited or contradicted forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2022, and would apply to petitions filed before July 1, 2026. The provisions of the bill are contingent on funding in a general appropriation act.
Post-conviction relief; previously admitted scientific evidence. 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 offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) the covered offense for which the petitioner was convicted or adjudicated delinquent; (ii) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (iii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iv) specific facts indicating that relevant forensic scientific evidence was not available or could not have been obtained in the exercise of diligence before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency or that discredited forensic scientific evidence was admitted at the petitioner's trial or adjudication of delinquency; and (v) that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless. The bill provides that if the court finds by clear and convincing evidence that the admission of the discredited forensic scientific evidence or the absence of the newly available forensic scientific evidence was not harmless, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2022, and an expiration date of July 1, 2026.
Left in Appropriations
Referred to Committee on Appropriations
Reported from Courts of Justice with amendment(s) (20-Y 2-N)
Subcommittee recommends reporting with amendments (6-Y 1-N)
Impact statement from DPB (SB1105ES1)
Subcommittee recommends referring to Committee on Appropriations
Assigned Courts sub: Criminal
Continued to Special Session 1 in Courts of Justice
Referred to Committee for Courts of Justice
Placed on Calendar
Read first time
Read third time and passed Senate (38-Y 0-N)
Engrossed by Senate - committee substitute with amendment SB1105ES1
Read second time
Reading of substitute waived
Committee substitute agreed to 21103042D-S1
Reading of amendment waived
Committee amendment agreed to
Printed as engrossed 21103042D-ES1
Constitutional reading dispensed (39-Y 0-N)
Reported from Finance and Appropriations with amendment (16-Y 0-N)
Senate committee, floor amendments and substitutes offered
Reported from Judiciary with substitute (12-Y 1-N)
Rereferred to Finance and Appropriations
Committee substitute printed 21103042D-S1
Referred to Committee on the Judiciary
Prefiled and ordered printed; offered 01/13/21 21100837D
Bill Text Versions | Format |
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Prefiled and ordered printed; offered 01/13/21 21100837D | HTML |
Committee substitute printed 21103042D-S1 | HTML |
SB1105ES1 | HTML |
Document | Format |
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Amendment: SB1105AS | HTML |
Amendment: SB1105AH | HTML |
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