                                 CODE OF VIRGINIA

CONTENTS AND FORM OF THE PETITION BASED ON PREVIOUSLY UNKNOWN OR UNTESTED HUMAN
BIOLOGICAL EVIDENCE OF ACTUAL INNOCENCE (§ 19.2-327.3)

A. 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 &#xA7; 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 &#xA7; 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 &#xA7; 9.1-1104. The Supreme Court
may issue a stay of execution pending proceedings under the petition.

B. 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 &#xA7;
18.2-434.

C. 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.

D. 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.

E. In any petition filed pursuant to this chapter, the petitioner is entitled to
representation by counsel subject to the provisions of Article 3 (&#xA7;
19.2-157 et seq.) of Chapter 10.

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.