Bill Text: VA SB1297 | 2013 | Regular Session | Comm Sub

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Bill Title: Criminal judgment; appeal based on erroneously admitted evidence.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2013-02-04 - Incorporates SB1348 [SB1297 Detail]

Download: Virginia-2013-SB1297-Comm_Sub.html

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13104662D
SENATE BILL NO. 1297 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 4, 2013) (Patrons Prior to Substitute--Senators Garrett and Obenshain [SB 1348]) A BILL to amend the Code of Virginia by adding a section numbered 19.2-324.1, relating to erroneously admitted evidence; appeal.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-324.1 as follows:

§19.2-324.1. Erroneously admitted evidence; appeal.

In appeals to the Court of Appeals or the Supreme Court, when a challenge to a conviction rests on a claim that the evidence was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial if the Commonwealth elects to have a new trial.