SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2000 SESSION
005105548Be it enacted by the General Assembly of Virginia:
1. That § 19.2-295.1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-295.1. Sentencing proceeding by the jury after conviction.
In cases of trial by jury, upon a finding that the defendant is guilty of a
felony or a Class 1 misdemeanor, or upon a finding in the trial de novo of an
appealed misdemeanor conviction that the defendant is guilty of a Class 1
misdemeanor, a separate proceeding limited to the ascertainment of
punishment shall be held as soon as practicable before the same jury. At such
proceeding, the Commonwealth shall present the defendant's prior criminal convictions
by certified, attested or exemplified copies of the record of conviction,
including adult convictions and juvenile convictions and adjudications of
delinquency. Prior convictions shall include convictions and adjudications of
delinquency under the laws of any state, the District of Columbia, the United
States or its territories. The Commonwealth shall provide to the defendant
fourteen days prior to trial notice of its intention to introduce evidence of
the defendant's prior criminal convictions. Such notice shall include (i) the
date of each prior conviction, (ii) the name and jurisdiction of the court
where each prior conviction was had, and (iii) each offense of which he was
convicted. Prior to commencement of the trial, the Commonwealth shall provide
to the defendant photocopies of certified copies of the defendant's prior
criminal convictions which it intends to introduce at sentencing. After the
Commonwealth has introduced such evidence of prior convictions, or if no such
evidence is introduced, the defendant may introduce relevant, admissible
evidence related to punishment. Nothing in this section shall prevent the
Commonwealth or the defendant from introducing relevant, admissible evidence in
rebuttal. If the defendant is found guilty of an offense other than a felony,
punishment shall be fixed as otherwise provided by law.
If the jury cannot agree on a punishment and if the defendant, the attorney for the Commonwealth, and the court agree, in the manner provided in § 19.2-257, then the court shall fix punishment.
If the sentence on appeal imposed pursuant to this section is subsequently set
aside or found invalid solely due to an error in the sentencing proceeding, the court shall impanel a
different jury to ascertain punishment, unless the defendant, the attorney for the Commonwealth and
the court agree, in the manner provided in § 19.2-257, that the court shall fix
punishment.