{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.1.html"}],"law_id":81298,"edition_id":1,"section_id":81298,"structure_id":16823,"section_number":"19.2-327.1","catch_line":"Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure","history":"2001, cc. 873, 874; 2005, cc. 868, 881; 2013, c. 170; 2020, c. 1282; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nNotwithstanding any other provision of law or rule of court, any person convicted of a felony or any person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may, by motion to the circuit court that entered the original conviction or the adjudication of delinquency, apply for a new scientific investigation of any human biological evidence related to the case that resulted in the felony conviction or adjudication of delinquency if (i) the evidence was not known or available at the time the conviction or adjudication of delinquency became final in the circuit court or the evidence was not previously subjected to testing; (ii) the evidence is subject to a chain of custody sufficient to establish that the evidence has not been altered, tampered with, or substituted in any way; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the actual innocence of the convicted person or the person adjudicated delinquent; (iv) the testing requested involves a scientific method generally accepted within the relevant scientific community; and (v) the person convicted or adjudicated delinquent has not unreasonably delayed the filing of the petition after the evidence or the test for the evidence became available.B\n\nThe petitioner shall assert categorically and with specificity, under oath, the facts to support the items enumerated in subsection A and (i) the crime for which the person was convicted or adjudicated delinquent, (ii) the reason or reasons the evidence was not known or tested by the time the conviction or adjudication of delinquency became final in the circuit court, and (iii) the reason or reasons that the newly discovered or untested evidence may prove the actual innocence of the person convicted or adjudicated delinquent. Such motion shall contain all relevant allegations and facts that are known to the petitioner at the time of filing and shall enumerate and include all previous records, applications, petitions, and appeals and their dispositions.C\n\nThe petitioner shall serve a copy of such motion upon the attorney for the Commonwealth. The Commonwealth shall file its response to the motion within 30 days of the receipt of service. The court shall, no sooner than 30 and no later than 90 days after such motion is filed, hear the motion.D\n\nThe court shall, after a hearing on the motion, set forth its findings specifically as to each of the items enumerated in subsections A and B and either (i) dismiss the motion for failure to comply with the requirements of this section or (ii) dismiss the motion for failure to state a claim upon which relief can be granted or (iii) order that the testing be done.E\n\nThe court shall order the tests to be performed by:1\n\nA laboratory mutually selected by the Commonwealth and the applicant; or2\n\nA laboratory selected by the court that ordered the testing if the Commonwealth and the applicant are unable to agree on a laboratory.\n\t\t\t\tIf the testing is conducted by the Department of Forensic Science, the court shall prescribe in its order, pursuant to standards and guidelines established by the Department, the method of custody, transfer, and return of evidence submitted for scientific investigation sufficient to insure and protect the Commonwealth’s interest in the integrity of the evidence. The results of any such testing shall be furnished simultaneously to the court, the petitioner and his attorney of record and the attorney for the Commonwealth. The results of any tests performed and any hearings held pursuant to this section shall become a part of the record.\n\t\t\t\tIf the testing is not conducted by the Department of Forensic Science, it shall be conducted by a laboratory that is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed and follows the appropriate Quality Assurance Standards issued by the Federal Bureau of Investigation.F\n\nAn action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus proceeding or any other appeal. Nothing in this section shall create any cause of action for damages against the Commonwealth or any of its political subdivisions or any officers, employees or agents of the Commonwealth or its political subdivisions.G\n\nIn any petition filed pursuant to this chapter, the petitioner is entitled to representation by counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) of Chapter 10.","order_by":null,"text":{"0":{"id":291358,"text":"Notwithstanding any other provision of law or rule of court, any person convicted of a felony or any person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may, by motion to the circuit court that entered the original conviction or the adjudication of delinquency, apply for a new scientific investigation of any human biological evidence related to the case that resulted in the felony conviction or adjudication of delinquency if (i) the evidence was not known or available at the time the conviction or adjudication of delinquency became final in the circuit court or the evidence was not previously subjected to testing; (ii) the evidence is subject to a chain of custody sufficient to establish that the evidence has not been altered, tampered with, or substituted in any way; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the actual innocence of the convicted person or the person adjudicated delinquent; (iv) the testing requested involves a scientific method generally accepted within the relevant scientific community; and (v) the person convicted or adjudicated delinquent has not unreasonably delayed the filing of the petition after the evidence or the test for the evidence became available.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291359,"text":"The petitioner shall assert categorically and with specificity, under oath, the facts to support the items enumerated in subsection A and (i) the crime for which the person was convicted or adjudicated delinquent, (ii) the reason or reasons the evidence was not known or tested by the time the conviction or adjudication of delinquency became final in the circuit court, and (iii) the reason or reasons that the newly discovered or untested evidence may prove the actual innocence of the person convicted or adjudicated delinquent. Such motion shall contain all relevant allegations and facts that are known to the petitioner at the time of filing and shall enumerate and include all previous records, applications, petitions, and appeals and their dispositions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":291360,"text":"The petitioner shall serve a copy of such motion upon the attorney for the Commonwealth. The Commonwealth shall file its response to the motion within 30 days of the receipt of service. The court shall, no sooner than 30 and no later than 90 days after such motion is filed, hear the motion.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":291361,"text":"The court shall, after a hearing on the motion, set forth its findings specifically as to each of the items enumerated in subsections A and B and either (i) dismiss the motion for failure to comply with the requirements of this section or (ii) dismiss the motion for failure to state a claim upon which relief can be granted or (iii) order that the testing be done.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":291362,"text":"The court shall order the tests to be performed by:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":291363,"text":"A laboratory mutually selected by the Commonwealth and the applicant; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":291364,"text":"A laboratory selected by the court that ordered the testing if the Commonwealth and the applicant are unable to agree on a laboratory.\n\t\t\t\tIf the testing is conducted by the Department of Forensic Science, the court shall prescribe in its order, pursuant to standards and guidelines established by the Department, the method of custody, transfer, and return of evidence submitted for scientific investigation sufficient to insure and protect the Commonwealth’s interest in the integrity of the evidence. The results of any such testing shall be furnished simultaneously to the court, the petitioner and his attorney of record and the attorney for the Commonwealth. The results of any tests performed and any hearings held pursuant to this section shall become a part of the record.\n\t\t\t\tIf the testing is not conducted by the Department of Forensic Science, it shall be conducted by a laboratory that is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed and follows the appropriate Quality Assurance Standards issued by the Federal Bureau of Investigation.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":291365,"text":"An action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus proceeding or any other appeal. Nothing in this section shall create any cause of action for damages against the Commonwealth or any of its political subdivisions or any officers, employees or agents of the Commonwealth or its political subdivisions.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"8":{"id":291366,"text":"In any petition filed pursuant to this chapter, the petitioner is entitled to representation by counsel subject to the provisions of Article 3 (§ 19.2-157 et seq.) of Chapter 10.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":16823,"edition_id":1,"name":"Scientific Analysis of Newly Discovered or Untested Scientific Evidence","identifier":"19.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:48:03","date_modified":"2026-06-26 04:48:03","permalink":{"id":169779,"object_type":"structure","relational_id":16823,"identifier":"19.1","token":"19.2\/19.1","url":"\/19.2\/19.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81298,"structure_id":16823,"section_number":"19.2-327.1","catch_line":"Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure","url":"\/19.2-327.1\/","token":"19.2\/19.1\/19.2-327.1","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.1\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapters 873<\/a> and 874<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapters 868<\/a> and 881<\/a>; in 2013, chapter 170<\/a>; in 2020, chapter 1282<\/a>.<\/p>","references":[{"id":58516,"section_number":"19.2-327.3","catch_line":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","order_by":null,"url":"\/19.2-327.3\/"},{"id":66253,"section_number":"19.2-327.5","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.5\/"}],"refers_to":[{"id":68516,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","order_by":null,"url":"\/19.2-157\/"}],"permalink":{"id":169781,"object_type":"law","relational_id":81298,"identifier":"19.2-327.1","token":"19.2\/19.1\/19.2-327.1","url":"\/19.2-327.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.1\/","token":"19.2\/19.1\/19.2-327.1","dublin_core":{"Title":"Motion by a convicted felon or person adjudicated delinquent for scientific analysis of newly discovered or previously untested scientific evidence; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span> or rule of court<\/span>, any person convicted of a felony<\/span> or any person who was adjudicated delinquent by a circuit<\/span> court<\/span> of an offense<\/span> that would be a felony<\/span> if committed by an adult may, by motion<\/span> to the circuit<\/span> court<\/span> that entered the original conviction<\/span> or the adjudication of delinquency, apply for a new scientific investigation of any human biological evidence<\/span> related to the case that resulted in the felony<\/span> conviction<\/span> or adjudication of delinquency if (i) the evidence<\/span> was not known or available at the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span> or the evidence<\/span> was not previously subjected to testing; (ii) the evidence<\/span> is subject to a chain of custody<\/span> sufficient to establish that the evidence<\/span> has not been altered, tampered with, or substituted in any way; (iii) the testing is materially relevant, noncumulative, and necessary and may prove the actual innocence of the convicted person or the person adjudicated delinquent; (iv) the testing requested involves a scientific method generally accepted within the relevant scientific community; and (v) the person convicted or adjudicated delinquent has not unreasonably delayed the filing of the petition<\/span> after the evidence<\/span> or the test for the evidence<\/span> became available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petitioner shall assert categorically and with specificity, under oath<\/span>, the facts<\/span> to support the items enumerated in subsection A and (i) the crime<\/span> for which the person was convicted or adjudicated delinquent, (ii) the reason or reasons the evidence<\/span> was not known or tested by the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span>, and (iii) the reason or reasons that the newly discovered or untested evidence<\/span> may prove the actual innocence of the person convicted or adjudicated delinquent. Such motion<\/span> shall contain all relevant allegations<\/span> and facts<\/span> that are known to the petitioner at the time of filing and shall enumerate and include all previous records, applications, petitions<\/span>, and appeals<\/span> and their dispositions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petitioner shall serve a copy of such motion<\/span> upon the attorney for the Commonwealth. The Commonwealth shall file its response to the motion<\/span> within 30 days of the receipt of service. The court<\/span> shall, no sooner than 30 and no later than 90 days after such motion<\/span> is filed, hear the motion<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> shall, after a hearing<\/span> on the motion<\/span>, set forth its findings<\/span> specifically as to each of the items enumerated in subsections A and B and either (i) dismiss the motion<\/span> for failure to comply with the requirements of this section or (ii) dismiss the motion<\/span> for failure to state a claim upon which relief can be granted or (iii) order<\/span> that the testing be done. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall order<\/span> the tests to be performed by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A laboratory mutually selected by the Commonwealth and the applicant; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A laboratory selected by the court<\/span> that ordered the testing if the Commonwealth and the applicant are unable to agree on a laboratory.\n\t\t\t\tIf the testing is conducted by the Department of Forensic Science, the court<\/span> shall prescribe in its order<\/span>, pursuant to standards and guidelines established by the Department, the method of custody<\/span>, transfer, and return of evidence<\/span> submitted for scientific investigation sufficient to insure and protect the Commonwealth’s interest in the integrity of the evidence<\/span>. The results of any such testing shall be furnished simultaneously to the court<\/span>, the petitioner and his attorney of record and the attorney for the Commonwealth. The results of any tests performed and any hearings<\/span> held pursuant to this section shall become a part of the record.\n\t\t\t\tIf the testing is not conducted by the Department of Forensic Science, it shall be conducted by a laboratory that is accredited by an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed and follows the appropriate Quality Assurance Standards issued by the Federal Bureau of Investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An action under this section or the performance of any attorney representing the petitioner under this section shall not form the basis for relief in any habeas corpus<\/span> proceeding or any other appeal<\/span>. Nothing in this section shall create any cause of action<\/span> for damages<\/span> against the Commonwealth or any of its political subdivisions or any officers, employees or agents of the Commonwealth or its political subdivisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In any petition<\/span> filed pursuant to this chapter, the petitioner is entitled to representation by counsel<\/span> subject to the provisions of Article 3 (§ 19.2-157<\/a> et seq.) of Chapter 10. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMOTION BY A CONVICTED FELON OR PERSON ADJUDICATED DELINQUENT FOR SCIENTIFIC\nANALYSIS OF NEWLY DISCOVERED OR PREVIOUSLY UNTESTED SCIENTIFIC EVIDENCE;\nPROCEDURE (\u00a7 19.2-327.1)\n\nA. Notwithstanding any other provision of law or rule of court, any person\nconvicted of a felony or any person who was adjudicated delinquent by a circuit\ncourt of an offense that would be a felony if committed by an adult may, by\nmotion to the circuit court that entered the original conviction or the\nadjudication of delinquency, apply for a new scientific investigation of any\nhuman biological evidence related to the case that resulted in the felony\nconviction or adjudication of delinquency if (i) the evidence was not known or\navailable at the time the conviction or adjudication of delinquency became final\nin the circuit court or the evidence was not previously subjected to testing;\n(ii) the evidence is subject to a chain of custody sufficient to establish that\nthe evidence has not been altered, tampered with, or substituted in any way;\n(iii) the testing is materially relevant, noncumulative, and necessary and may\nprove the actual innocence of the convicted person or the person adjudicated\ndelinquent; (iv) the testing requested involves a scientific method generally\naccepted within the relevant scientific community; and (v) the person convicted\nor adjudicated delinquent has not unreasonably delayed the filing of the\npetition after the evidence or the test for the evidence became available.\n\nB. The petitioner shall assert categorically and with specificity, under oath,\nthe facts to support the items enumerated in subsection A and (i) the crime for\nwhich the person was convicted or adjudicated delinquent, (ii) the reason or\nreasons the evidence was not known or tested by the time the conviction or\nadjudication of delinquency became final in the circuit court, and (iii) the\nreason or reasons that the newly discovered or untested evidence may prove the\nactual innocence of the person convicted or adjudicated delinquent. Such motion\nshall contain all relevant allegations and facts that are known to the\npetitioner at the time of filing and shall enumerate and include all previous\nrecords, applications, petitions, and appeals and their dispositions.\n\nC. The petitioner shall serve a copy of such motion upon the attorney for the\nCommonwealth. The Commonwealth shall file its response to the motion within 30\ndays of the receipt of service. The court shall, no sooner than 30 and no later\nthan 90 days after such motion is filed, hear the motion.\n\nD. The court shall, after a hearing on the motion, set forth its findings\nspecifically as to each of the items enumerated in subsections A and B and\neither (i) dismiss the motion for failure to comply with the requirements of\nthis section or (ii) dismiss the motion for failure to state a claim upon which\nrelief can be granted or (iii) order that the testing be done.\n\nE. The court shall order the tests to be performed by:\n\n 1. A laboratory mutually selected by the Commonwealth and the applicant; or\n\n 2. A laboratory selected by the court that ordered the testing if the\n Commonwealth and the applicant are unable to agree on a laboratory.\n \t\t\t\tIf the testing is conducted by the Department of Forensic Science, the\n court shall prescribe in its order, pursuant to standards and guidelines\n established by the Department, the method of custody, transfer, and return of\n evidence submitted for scientific investigation sufficient to insure and\n protect the Commonwealth’s interest in the integrity of the evidence.\n The results of any such testing shall be furnished simultaneously to the\n court, the petitioner and his attorney of record and the attorney for the\n Commonwealth. The results of any tests performed and any hearings held\n pursuant to this section shall become a part of the record.\n \t\t\t\tIf the testing is not conducted by the Department of Forensic Science, it\n shall be conducted by a laboratory that is accredited by an accrediting body\n that requires conformance to forensic-specific requirements and that is a\n signatory to the International Laboratory Accreditation Cooperation (ILAC)\n Mutual Recognition Arrangement with a scope of accreditation that covers the\n testing being performed and follows the appropriate Quality Assurance\n Standards issued by the Federal Bureau of Investigation.\n\nF. An action under this section or the performance of any attorney representing\nthe petitioner under this section shall not form the basis for relief in any\nhabeas corpus proceeding or any other appeal. Nothing in this section shall\ncreate any cause of action for damages against the Commonwealth or any of its\npolitical subdivisions or any officers, employees or agents of the Commonwealth\nor its political subdivisions.\n\nG. In any petition filed pursuant to this chapter, the petitioner is entitled to\nrepresentation by counsel subject to the provisions of Article 3 (§\n19.2-157 et seq.) of Chapter 10.\n\nHISTORY: 2001, cc. 873, 874; 2005, cc. 868, 881; 2013, c. 170; 2020, c. 1282;\n2021, Sp. Sess. I, cc. 344, 345.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}