{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-327.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-327.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-327.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-327.3.html"}],"law_id":58516,"edition_id":1,"section_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","history":"2001, cc. 873, 874; 2003, c. 131; 2005, cc. 868, 881; 2009, cc. 139, 320; 2013, cc. 170, 180; 2020, cc. 993, 994; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nThe petitioner shall allege categorically and with specificity, under oath, the following: (i) the crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or adjudicated delinquent; (iii) an exact description of the human biological evidence and the scientific testing supporting the allegation of innocence; (iv) that the evidence was not previously known or available to the petitioner or his trial attorney of record at the time the conviction or adjudication of delinquency became final in the circuit court, or if known, the reason that the evidence was not subject to the scientific testing set forth in the petition; (v) the date the test results under § 19.2-327.1 became known to the petitioner or any attorney of record; (vi) that the petitioner or his attorney of record has filed the petition within 60 days of obtaining the test results under § 19.2-327.1; (vii) the reason or reasons the evidence will prove that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt; and (viii) for any conviction or adjudication of delinquency that became final in the circuit court after June 30, 1996, that the evidence was not available for testing under § 9.1-1104. The Supreme Court may issue a stay of execution pending proceedings under the petition.B\n\nSuch petition shall contain all relevant allegations of 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. A copy of any test results shall be filed with the petition. The petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the Court may dismiss the petition or return the petition to the prisoner pending the completion of such form. The petitioner shall be responsible for all statements contained in the petition. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution and conviction of perjury as provided for in § 18.2-434.C\n\nThe Supreme Court shall not accept the petition unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition and all attachments has been served on the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General or an acceptance of service signed by these officials, or any combination thereof. The Attorney General shall have 30 days after receipt of the record by the clerk of the Supreme Court in which to file a response to the petition. The response may contain a proffer of any evidence pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence that was suppressed at trial.D\n\nThe Supreme Court may, when the case has been before a trial or appellate court, inspect the record of any trial or appellate court action, and the Court may, in any case, award a writ of certiorari to the clerk of the respective court below, and have brought before the Court the whole record or any part of any record.E\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":214460,"text":"The petitioner shall allege categorically and with specificity, under oath, the following: (i) the crime for which the petitioner was convicted or the offense for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime for which he was convicted or adjudicated delinquent; (iii) an exact description of the human biological evidence and the scientific testing supporting the allegation of innocence; (iv) that the evidence was not previously known or available to the petitioner or his trial attorney of record at the time the conviction or adjudication of delinquency became final in the circuit court, or if known, the reason that the evidence was not subject to the scientific testing set forth in the petition; (v) the date the test results under § 19.2-327.1 became known to the petitioner or any attorney of record; (vi) that the petitioner or his attorney of record has filed the petition within 60 days of obtaining the test results under § 19.2-327.1; (vii) the reason or reasons the evidence will prove that no rational trier of fact would have found proof of guilt or delinquency beyond a reasonable doubt; and (viii) for any conviction or adjudication of delinquency that became final in the circuit court after June 30, 1996, that the evidence was not available for testing under § 9.1-1104. The Supreme Court may issue a stay of execution pending proceedings under the petition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214461,"text":"Such petition shall contain all relevant allegations of 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. A copy of any test results shall be filed with the petition. The petition shall be filed on a form provided by the Supreme Court. If the petitioner fails to submit a completed form, the Court may dismiss the petition or return the petition to the prisoner pending the completion of such form. The petitioner shall be responsible for all statements contained in the petition. Any false statement in the petition, if such statement is knowingly or willfully made, shall be a ground for prosecution and conviction of perjury as provided for in § 18.2-434.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214462,"text":"The Supreme Court shall not accept the petition unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition and all attachments has been served on the attorney for the Commonwealth of the jurisdiction where the conviction or adjudication of delinquency occurred and the Attorney General or an acceptance of service signed by these officials, or any combination thereof. The Attorney General shall have 30 days after receipt of the record by the clerk of the Supreme Court in which to file a response to the petition. The response may contain a proffer of any evidence pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence that was suppressed at trial.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214463,"text":"The Supreme Court may, when the case has been before a trial or appellate court, inspect the record of any trial or appellate court action, and the Court may, in any case, award a writ of certiorari to the clerk of the respective court below, and have brought before the Court the whole record or any part of any record.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214464,"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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-327.3\/","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 5 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 2003, chapter 131<\/a>; in 2005, chapters 868<\/a> and 881<\/a>; in 2009, chapters 139<\/a> and 320<\/a>; in 2013, chapters 170<\/a> and 180<\/a>; in 2020, chapters 993<\/a> and 994<\/a>.<\/p>","references":[{"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\/"},{"id":81298,"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","order_by":null,"url":"\/19.2-327.1\/"},{"id":58367,"section_number":"9.1-1104","catch_line":"Rights of accused person or his attorney to results of investigation or to investigation","order_by":null,"url":"\/9.1-1104\/"}],"permalink":{"id":169795,"object_type":"law","relational_id":58516,"identifier":"19.2-327.3","token":"19.2\/19.2\/19.2-327.3","url":"\/19.2-327.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-327.3\/","token":"19.2\/19.2\/19.2-327.3","dublin_core":{"Title":"Contents and form of the petition based on previously unknown or untested human biological evidence of actual innocence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-327.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The petitioner shall allege categorically and with specificity, under oath<\/span>, the following: (i) the crime<\/span> for which the petitioner was convicted or the offense<\/span> for which the petitioner was adjudicated delinquent; (ii) that the petitioner is actually innocent of the crime<\/span> for which he was convicted or adjudicated delinquent; (iii) an exact description of the human biological evidence<\/span> and the scientific testing supporting the allegation<\/span> of innocence; (iv) that the evidence<\/span> was not previously known or available to the petitioner or his trial<\/span> attorney of record at the time the conviction<\/span> or adjudication of delinquency became final in the circuit<\/span> court<\/span>, or if known, the reason that the evidence<\/span> was not subject to the scientific testing set forth in the petition<\/span>; (v) the date the test results under § 19.2-327.1<\/a> became known to the petitioner or any attorney of record; (vi) that the petitioner or his attorney of record has filed the petition<\/span> within 60 days of obtaining the test results under § 19.2-327.1<\/a>; (vii) the reason or reasons the evidence<\/span> will prove that no rational trier of fact<\/span> would have found proof of guilt or delinquency beyond a reasonable doubt<\/span>; and (viii) for any conviction<\/span> or adjudication of delinquency that became final in the circuit<\/span> court<\/span> after June 30, 1996, that the evidence<\/span> was not available for testing under § 9.1-1104<\/a>. The Supreme Court<\/span> may issue<\/span> a stay<\/span> of execution pending proceedings under the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such petition<\/span> shall contain all relevant allegations<\/span> of 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>. A copy of any test results shall be filed with the petition<\/span>. The petition<\/span> shall be filed on a form provided by the Supreme Court<\/span>. If the petitioner fails to submit a completed form, the Court<\/span> may dismiss the petition<\/span> or return the petition<\/span> to the prisoner pending the completion of such form. The petitioner shall be responsible for all statements contained in the petition<\/span>. Any false statement in the petition<\/span>, if such statement is knowingly or willfully made, shall be a ground for prosecution<\/span> and conviction<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Supreme Court<\/span> shall not accept the petition<\/span> unless it is accompanied by a duly executed return of service in the form of a verification that a copy of the petition<\/span> and all attachments<\/span> has been served on the attorney for the Commonwealth of the jurisdiction<\/span> where the conviction<\/span> or adjudication of delinquency occurred and the Attorney General<\/span> or an acceptance of service signed by these officials, or any combination thereof. The Attorney General<\/span> shall have 30 days after receipt of the record by the clerk of the Supreme Court<\/span> in which to file a response to the petition<\/span>. The response may contain a proffer of any evidence<\/span> pertaining to the guilt or delinquency or innocence of the petitioner that is not included in the record of the case, including evidence<\/span> that was suppressed at trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Supreme Court<\/span> may, when the case has been before a trial<\/span> or appellate<\/span> court<\/span>, inspect the record of any trial<\/span> or appellate<\/span> court<\/span> action, and the Court<\/span> may, in any case, award a writ of certiorari<\/span> to the clerk of the respective court<\/span> below, and have brought before the Court<\/span> the whole record or any part of any record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/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\nCONTENTS AND FORM OF THE PETITION BASED ON PREVIOUSLY UNKNOWN OR UNTESTED HUMAN\nBIOLOGICAL EVIDENCE OF ACTUAL INNOCENCE (\u00a7 19.2-327.3)\n\nA. The petitioner shall allege categorically and with specificity, under oath,\nthe following: (i) the crime for which the petitioner was convicted or the\noffense for which the petitioner was adjudicated delinquent; (ii) that the\npetitioner is actually innocent of the crime for which he was convicted or\nadjudicated delinquent; (iii) an exact description of the human biological\nevidence and the scientific testing supporting the allegation of innocence; (iv)\nthat the evidence was not previously known or available to the petitioner or his\ntrial attorney of record at the time the conviction or adjudication of\ndelinquency became final in the circuit court, or if known, the reason that the\nevidence was not subject to the scientific testing set forth in the petition;\n(v) the date the test results under § 19.2-327.1 became known to the\npetitioner or any attorney of record; (vi) that the petitioner or his attorney\nof record has filed the petition within 60 days of obtaining the test results\nunder § 19.2-327.1; (vii) the reason or reasons the evidence will prove\nthat no rational trier of fact would have found proof of guilt or delinquency\nbeyond a reasonable doubt; and (viii) for any conviction or adjudication of\ndelinquency that became final in the circuit court after June 30, 1996, that the\nevidence was not available for testing under § 9.1-1104. The Supreme Court\nmay issue a stay of execution pending proceedings under the petition.\n\nB. Such petition shall contain all relevant allegations of facts that are known\nto the petitioner at the time of filing and shall enumerate and include all\nprevious records, applications, petitions, and appeals and their dispositions. A\ncopy of any test results shall be filed with the petition. The petition shall be\nfiled on a form provided by the Supreme Court. If the petitioner fails to submit\na completed form, the Court may dismiss the petition or return the petition to\nthe prisoner pending the completion of such form. The petitioner shall be\nresponsible for all statements contained in the petition. Any false statement in\nthe petition, if such statement is knowingly or willfully made, shall be a\nground for prosecution and conviction of perjury as provided for in §\n18.2-434.\n\nC. The Supreme Court shall not accept the petition unless it is accompanied by a\nduly executed return of service in the form of a verification that a copy of the\npetition and all attachments has been served on the attorney for the\nCommonwealth of the jurisdiction where the conviction or adjudication of\ndelinquency occurred and the Attorney General or an acceptance of service signed\nby these officials, or any combination thereof. The Attorney General shall have\n30 days after receipt of the record by the clerk of the Supreme Court in which\nto file a response to the petition. The response may contain a proffer of any\nevidence pertaining to the guilt or delinquency or innocence of the petitioner\nthat is not included in the record of the case, including evidence that was\nsuppressed at trial.\n\nD. The Supreme Court may, when the case has been before a trial or appellate\ncourt, inspect the record of any trial or appellate court action, and the Court\nmay, in any case, award a writ of certiorari to the clerk of the respective\ncourt below, and have brought before the Court the whole record or any part of\nany record.\n\nE. 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; 2003, c. 131; 2005, cc. 868, 881; 2009, cc. 139,\n320; 2013, cc. 170, 180; 2020, cc. 993, 994; 2021, 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}}