Virginia Code § 19.2-327.3 outlines the requirements for a petition based on previously unknown or untested human biological evidence that could prove actual innocence. The petition must include specific allegations, descriptions of evidence, testing details, and reasons why the evidence was not previously available or tested. The law also allows the Supreme Court to stay execution during these proceedings.
The petition must specify the crime, claim actual innocence, describe the evidence and testing, explain why it was not previously known, and include testing dates and reasons why the evidence proves innocence.
The petitioner must file within 60 days of obtaining the test results under Virginia law.
Yes, the Supreme Court may issue a stay of execution pending proceedings on the petition.
It applies to cases where new biological evidence could prove actual innocence, especially for convictions or adjudications final after June 30, 1996.