{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.2.html"}],"law_id":81313,"edition_id":1,"section_id":81313,"structure_id":13856,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","history":"2001, cc. 873, 874; 2009, cc. 139, 320; 2013, c. 170; 2020, cc. 993, 994.","full_text":"Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, 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 \u00a7 19.2-327.5, on such a petition as directed by order from the Supreme Court.","order_by":null,"text":{"0":{"id":291423,"text":"Notwithstanding any other provision of law or rule of court, upon a petition of a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, 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 \u00a7 19.2-327.5, on such a petition as directed by order from the Supreme Court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13856,"edition_id":1,"name":"Issuance of Writ of Actual Innocence","identifier":"19.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":169785,"object_type":"structure","relational_id":13856,"identifier":"19.2","token":"19.2\/19.2","url":"\/19.2\/19.2\/","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":81313,"structure_id":13856,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","url":"\/19.2-327.2\/","token":"19.2\/19.2\/19.2-327.2","metadata":false},{"id":75395,"structure_id":13856,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.2_1\/","token":"19.2\/19.2\/19.2-327.2_1","metadata":false},{"id":58516,"structure_id":13856,"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","url":"\/19.2-327.3\/","token":"19.2\/19.2\/19.2-327.3","metadata":false},{"id":54878,"structure_id":13856,"section_number":"19.2-327.4","catch_line":"Determination by the Supreme Court for findings of fact by the circuit court","url":"\/19.2-327.4\/","token":"19.2\/19.2\/19.2-327.4","metadata":false},{"id":66253,"structure_id":13856,"section_number":"19.2-327.5","catch_line":"Relief under writ","url":"\/19.2-327.5\/","token":"19.2\/19.2\/19.2-327.5","metadata":false},{"id":73005,"structure_id":13856,"section_number":"19.2-327.6","catch_line":"Claims of relief","url":"\/19.2-327.6\/","token":"19.2\/19.2\/19.2-327.6","metadata":false}],"next_section":{"id":75395,"structure_id":13856,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","url":"\/19.2-327.2_1\/","token":"19.2\/19.2\/19.2-327.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.2\/","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 2009, chapters 139<\/a> and 320<\/a>; in 2013, chapter 170<\/a>; in 2020, chapters 993<\/a> and 994<\/a>.<\/p>","references":[{"id":75395,"section_number":"19.2-327.2:1","catch_line":"Petition for writ of actual innocence joined by Attorney General; release of prisoner; bond hearing","order_by":null,"url":"\/19.2-327.2_1\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":78034,"section_number":"8.01-195.10","catch_line":"Purpose; action by the General Assembly required; definitions","order_by":null,"url":"\/8.01-195.10\/"}],"refers_to":[{"id":66253,"section_number":"19.2-327.5","catch_line":"Relief under writ","order_by":null,"url":"\/19.2-327.5\/"}],"permalink":{"id":169787,"object_type":"law","relational_id":81313,"identifier":"19.2-327.2","token":"19.2\/19.2\/19.2-327.2","url":"\/19.2-327.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.2\/","token":"19.2\/19.2\/19.2-327.2","dublin_core":{"Title":"Issuance of writ of actual innocence based on biological evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any other provision of law<\/span> or rule of court<\/span>, upon a petition<\/span> of a person who was convicted of a felony<\/span> or 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, the Supreme Court<\/span> shall have the authority to issue<\/span> writs<\/span> of actual innocence under this chapter. The writ<\/span> shall lie to the circuit<\/span> court<\/span> that entered the felony<\/span> conviction<\/span> or adjudication of delinquency and that court<\/span> shall have the authority to conduct hearings<\/span>, as provided for in \u00a7 19.2-327.5<\/a>, on such a petition<\/span> as directed by order<\/span> from the Supreme Court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF WRIT OF ACTUAL INNOCENCE BASED ON BIOLOGICAL EVIDENCE (\u00a7\n19.2-327.2)\n\nNotwithstanding any other provision of law or rule of court, upon a petition of\na person who was convicted of a felony or who was adjudicated delinquent by a\ncircuit court of an offense that would be a felony if committed by an adult, the\nSupreme Court shall have the authority to issue writs of actual innocence under\nthis chapter. The writ shall lie to the circuit court that entered the felony\nconviction or adjudication of delinquency and that court shall have the\nauthority to conduct hearings, as provided for in \u00a7 19.2-327.5, on such a\npetition as directed by order from the Supreme Court.\n\nHISTORY: 2001, cc. 873, 874; 2009, cc. 139, 320; 2013, c. 170; 2020, cc. 993,\n994.","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}}