Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-327.2 Issuance of writ of actual innocence

§ 19.2-327.2. Issuance of writ of actual innocence

Notwithstanding any other provision of law or rule of court, upon a petition of a person incarcerated who was convicted of a felony upon a plea of not guilty, or for any person, regardless of the plea, sentenced to death, or convicted of (i) a Class 1 felony, (ii) a Class 2 felony or (iii) any felony for which the maximum penalty is imprisonment for life, the Supreme Court shall have the authority to issue writs of actual innocence under this chapter. The writ shall lie to the circuit court that entered the felony conviction; and that court shall have the authority to conduct hearings, as provided for in § 19.2-327.5, on such a petition as directed by order from the Supreme Court.

(2001, cc. 873, 874.)

Sections:  19.2-327.2  19.2-327.3  19.2-327.4  19.2-327.5  19.2-327.6  Next

Last modified: April 16, 2009