§ 19.2-327.10:1 Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing
The Attorney General may join in a petition for a writ of actual innocence made pursuant to § 19.2-327.10 after providing written notice of such intent to the local attorney for the Commonwealth in the jurisdiction of conviction or adjudication of delinquency. When such petition is so joined, the petitioner may file a copy of the petition and attachments thereto and the Attorney General’s answer with the circuit court that entered the felony conviction or adjudication of delinquency and move the court for a hearing to consider release of the person on bail pursuant to Chapter 9 (§ 19.2-119 et seq.). Upon hearing and for good cause shown, the court may order the person released from custody subject to the terms and conditions of bail so established, pending a ruling by the Court of Appeals on the writ under § 19.2-327.13.
History
This law was first created in 2015. The record of its establishment is cataloged in chapter 66 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 993 and 994; in 2023, chapter 719.
2015, c. 66; 2020, cc. 993, 994; 2023, c. 719.