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2007 SESSION
061103440Be 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 [ and any victim impact
testimony which may be presented pursuant to § 19.2-295.3. Additionally,
the Commonwealth or the
defendant may present any victim impact testimony pursuant to § 19.2-295.3. ] 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 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.