CHAPTER 487

An Act to amend and reenact § 8-596, as amended, of the Code of Virginia,
relating to writs of habeas corpus, their granting and contents. g
[S 44]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
1. That § 8-596, as amended, of the Code of Virginia be amended and
reenacted as follows:
8-596. When and by whom the writ granted; what petition to
contain.—(a) The writ of habeas corpus ad subjiciendum shall be granted
forthwith by any circuit court or corporation court, or any judge of
either in vacation, to any person who shall apply for the same by petition,
showing by affidavits or other evidence probable cause to believe that
he is detained without lawful authority.*

(b) (1) With respect to any such petition filed by a petitioner held
under criminal process, and subject to the provisions of § 17-97 of the
Code of Virginia, only the court or any judge thereof in vacation which
entered the original judgment order of conviction or convictions com-
plained of in the petition shall have authority to issue writs of habeas
corpus. Hearings on such petition, where granted in the original trial
court, may be held at any court within the circuit or corporation of such
original trial court as designated by the judge thereof.

(2) Such petition shall contain all allegations the facts of which
are known to petitioner at the time of filing and such petition shall
enumerate any and all previous applications of like nature and thetr
disposition. No writ shall be granted on the basis of any allegation
the facts of which petitioner had knowledge at the time of filing any
previous petition.

(3) Such petition may allege detention without lawful authority
through challenge to a conviction, although the sentence imposed for such
conviction is suspended or is to be served subsequently to the sentence
currently being served by petitioner.

(4) In the event the allegations of illegality of the petitioner’s
detention can be fully determined on the basis of recorded matters, the
court or judge thereof in vacation may make its determination whether
such writ should issue on the basis of the record.

(5) Such court or judge shall give his findings of fact and con-
clusions of law following his determination on the record or after hearing,
to be made a part of the record and transcribed.

(6) If petitioner alleges as a ground for illegality of his detention
the inadequacy of counsel, he shall be deemed to waive his privilege with
respect to communications between such counsel and himself to the extent
necessary to permit a full and fair hearing for the alleged ground.