Virginia HB 1348: Marijuana-related offenses; creates writ of post-conviction relief.

Bill Text

2022SESSION
INTRODUCED
22104869D
1 HOUSEBILLNO.1348
2 OfferedJanuary21,2022
3 A BILL to amend the Code of Virginia by adding in Chapter 25 of Title 8.01 an article numbered 4,
4 consisting of sections numbered 8.01-668.1 through 8.01-668.6, relating to writ of post-conviction
5 relief for marijuana-related offenses.
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Patron––Coyner
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8 ReferredtoCommitteeforCourtsofJustice
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10 Be it enacted by the General Assembly of Virginia:
11 1. That the Code of Virginia is amended by adding in Chapter 25 of Title 8.01 an article
12 numbered 4, consisting of sections numbered 8.01-668.1 through 8.01-668.6, as follows:
13 Article4.
14 WritofPost-ConvictionReliefforCannabisOffenses.
15 §8.01-668.1. Definitions.
16 As used in this article, unless the context requires a different meaning:
17 "Person convicted of a qualifying offense" means any person convicted of a qualifying offense in the
18 Commonwealth who was sentenced to a local correctional facility or to the Department of Corrections
19 or placed on community supervision as defined in § 53.1-1 for such conviction and who remains
20 incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving
21 the sentence for such conviction or a combination of such convictions or remains on community
22 supervision as defined in § 53.1-1 for such conviction or a combination of such convictions on July 1,
23 2022.
24 "Qualifying offense" means a conviction of a felony offense that relates to marijuana in violation of
25 § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258,
26 18.2-258.02, 18.2-258.1,18.2-265.3, or 18.2-474.1 and was committed prior to July 1, 2021.
27 § 8.01-668.2. Issuance of writ of post-conviction relief for persons convicted of a qualifying
28 offense.
29 A. Notwithstanding any other provision of law or rule of court, upon a petition of a person who was
30 convicted of a qualifying offense, the circuit court of the county or city in which the conviction was
31 entered shall have the authority to issue writs of post-conviction relief under this article.
32 B. The Rules of Supreme Court of Virginia governing practice and procedures in civil actions shall
33 be applicable to proceedings under this article.
34 C. The circuit court shall have the authority to conduct hearings on petitions for writs of
35 post-conviction relief.
36 D. Any petitioner denied by the decision of the circuit court may appeal the decision to the Supreme
37 Court of Virginia.
38 §8.01-668.3. Contents and form of the petition for a writ of relief.
39 A. Any person convicted of a qualifying offense may file a petition for writ of post-conviction relief
40 setting forth the relevant facts and requesting that the judgment of a conviction be vacated, modified, or
41 otherwise amended to reduce such person's sentence of incarceration or remove such person from
42 community supervision. Such petition shall be filed on a form provided by the Office of the Executive
43 Secretary of the Supreme Court by the petitioner or by counsel for the petitioner. Such petition shall
44 allege with specificity all of the following: (i) the petitioner's full name and date of birth; (ii) the
45 qualifying offense for which the petitioner was convicted; (iii) the date on which such qualifying offense
46 was alleged to have been committed; (iv) the date on which the petitioner was sentenced for such
47 qualifying offense; (v) whether the petitioner remains incarcerated in a state or local correctional
48 facility or secure facility serving the sentence for such qualifying offense, and, if so, which facility, or
49 the petitioner remains on community supervision for such qualifying offense; (vi) whether the petitioner
50 has previously filed any other petition in accordance with this article; and (vii) the reason the petitioner
51 is requesting a sentence modification and any information in support thereof. If the petitioner fails to
52 submit a completed form, the circuit court may allow the petitioner to amend the petition to correct any
53 deficiency. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage
54 prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed.
55 B. Any person who files a petition pursuant to this article may file a petition for the assistance of
56 counsel and a statement of indigency with the court on a form provided by the Office of the Executive
57 Secretary of the Supreme Court; however, if such person was found to be indigent at his original
58 sentencing, he shall be entitled to assistance of counsel for the hearing on modification of his sentence
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59 without the filing of such petition. No fee shall be charged for filing a petition under this subsection.
60 C. A person convicted of multiple qualifying offenses shall include all qualif