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2007 SESSION
Be 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 may present any victim
impact testimony pursuant to § 19.2-295.3 and shall present the defendant's
prior criminal convictions history, including prior convictions and
the punishments imposed, by certified, attested or exemplified copies of
the record of conviction final order, 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 14 days
prior to trial notice of its intention to introduce evidence of copies
of final orders evidencing the defendant's prior criminal history,
including prior convictions and punishments imposed. 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, and (iv) the punishment imposed. Prior to
commencement of the trial, the Commonwealth shall provide to the defendant
photocopies of certified copies of the defendant's prior criminal
convictions final orders which it intends to introduce at
sentencing. After the Commonwealth has introduced in its case-in-chief of
the sentencing phase such evidence of prior convictions or victim impact
testimony, or both, 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 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 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.