GOVERNOR'S VETO

April 10, 2007

TO THE VIRGINIA HOUSE OF DELEGATES:

HOUSE BILL NO. 2673

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 2673, which would require a new jury to be impaneled to ascertain punishment if the original jury is unable to agree on the appropriate sentence.

In order to fairly assess punishment, it is important that the sentencing jury hears the testimony and sees the evidence offered during the trial.  A jury that is impaneled after trial is at a disadvantage by their unfamiliarity with the case.

Under current law, a new jury can only be impaneled for sentencing with the consent of the court, the Commonwealth’s attorney, and the defendant.  I believe that we should maintain that policy.

Accordingly, I am vetoing this bill.

GOVERNOR'S RECOMMENDATION

1. Line 9, enrolled, after jury,

strike

upon

insert

each potential juror shall be advised prior to the selection and impaneling of a jury of the elements and statutory sentencing range of each crime charged, and may be examined by the parties as to their ability to consider and impose a sentence within the  range prescribed by law in the event of a verdict of guilty and after the sentencing proceeding prescribed by this section. Upon