CODE OF VIRGINIA

ISSUANCE OF WRIT OF ACTUAL INNOCENCE BASED ON BIOLOGICAL EVIDENCE (§
19.2-327.2)

Notwithstanding any other provision of law or rule of court, upon a petition of
a person who was convicted of a felony upon a plea of not guilty or who was
adjudicated delinquent upon a plea of not guilty by a circuit court of an
offense that would be a felony if committed by an adult, or for any person,
regardless of the plea, sentenced to death, or convicted or adjudicated
delinquent 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 or
adjudication of delinquency 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.

HISTORY: 2001, cc. 873, 874; 2009, cc. 139, 320; 2013, c. 170.