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.
2006 SESSION
063023396Be it enacted by the General Assembly of Virginia:
1. That § 19.2-264.4 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-264.4. Sentence proceeding.
A. Upon a finding that the defendant is guilty of an offense which that may
be punishable by death, a proceeding shall be held which that
shall be limited to a determination as to whether the defendant shall be
sentenced to death or life imprisonment. Upon request of the defendant, a jury
shall be instructed that (i) for all Class 1 felony offenses
committed after January 1, 1995, a defendant shall not be eligible for parole
if sentenced to imprisonment for life., (ii) an
individual who was sentenced to death in the Commonwealth
and twice scheduled to be executed was later granted an absolute pardon
absolving him of guilt for a capital murder conviction on the basis of DNA
testing, and (iii) eyewitness identifications have been
shown in many cases to be inaccurate and highly susceptible to
suggestion. In case of trial by jury, where a
sentence of death is not recommended, the defendant shall be sentenced to
imprisonment for life.
A1. In any proceeding conducted pursuant to this section, the court shall permit the victim, as defined in § 19.2-11.01, upon the motion of the attorney for the Commonwealth, and with the consent of the victim, to testify in the presence of the accused regarding the impact of the offense upon the victim. The court shall limit the victim's testimony to the factors set forth in clauses (i) through (vi) of subsection A of § 19.2-299.1.
B. In cases of trial by jury, evidence may be presented as to
any matter whichthat the
court deems relevant to sentence, except that reports under the provisions of §
19.2-299, or under any rule of court, shall not be admitted into evidence.
Evidence which that may
be admissible, subject to the rules of evidence governing admissibility, may
include the circumstances surrounding the offense, the history and background
of the defendant, and any other facts in mitigation of the offense. Facts in
mitigation may include, but shall not be limited to, the following: (i) the
defendant has no significant history of prior criminal activity, (ii) the
capital felony was committed while the defendant was under the influence of
extreme mental or emotional disturbance, (iii) the victim was a participant in
the defendant's conduct or consented to the act, (iv) at the time of the
commission of the capital felony, the capacity of the defendant to appreciate
the criminality of his conduct or to conform his conduct to the requirements of
law was significantly impaired, (v) the age of the defendant at the time of the
commission of the capital offense, or (vi) even if § 19.2-264.3:1.1 is
inapplicable as a bar to the death penalty, the subaverage intellectual
functioning of the defendant.
C. The penalty of death shall not be imposed unless the Commonwealth shall prove beyond a reasonable doubt that there is a probability based upon evidence of the prior history of the defendant or of the circumstances surrounding the commission of the offense of which he is accused that he would commit criminal acts of violence that would constitute a continuing serious threat to society, or that his conduct in committing the offense was outrageously or wantonly vile, horrible or inhuman, in that it involved torture, depravity of mind or aggravated battery to the victim.
D. The verdict of the jury shall be in writing, and in one of the following forms:
(1) "We, the jury, on the issue joined, having found the defendant guilty of (here set out statutory language of the offense charged) and that (after consideration of his prior history that there is a probability that he would commit criminal acts of violence that would constitute a continuing serious threat to society) or his conduct in committing the offense is outrageously or wantonly vile, horrible or inhuman in that it involved (torture) (depravity of mind) (aggravated battery to the victim), and having considered the evidence in mitigation of the offense, unanimously fix his punishment at death.
Signed ____________________________________ foreman"
or
(2) "We, the jury, on the issue joined, having found the defendant guilty of (here set out statutory language of the offense charged) and having considered all of the evidence in aggravation and mitigation of such offense, fix his punishment at (i) imprisonment for life; or (ii) imprisonment for life and a fine of $ ______________
Signed ____________________________________ foreman"
E. In the event the jury cannot agree as to the penalty, the court shall dismiss the jury, and impose a sentence of imprisonment for life.