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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 18 of Title 19.2 a section numbered 19.2-310.1:1 as follows:
§ 19.2-310.1:1. Sentencing hearing for person sentenced for a noncapital felony committed on or after January 1, 1995, and prior to June 9, 2000.
Notwithstanding any other provision of law, any person who
was sentenced by a jury prior to June 9, 2000, for a [
felony offense [ that is not a violent felony offense as defined in §
17.1-805 ] committed on or after January 1, 1995, where the
jury was not instructed on the abolition of parole and who is presently
incarcerated for such offense shall be entitled to a new sentencing proceeding.
Such person shall file a petition for a new sentencing proceeding with the [ Court
of Appeals circuit court in
which the order of conviction was originally entered ] on
a form provided by the Supreme Court. The [ Court of
Appeals shall direct the circuit court in which the order of conviction was
originally entered to circuit court shall
] empanel a new jury for the purpose of conducting the new sentencing
proceeding and shall notify the attorney for the Commonwealth for the county or
city in which the circuit court is located. Such sentencing proceeding shall be
conducted in accordance with the provisions of this article. Upon agreement of
the attorney for the Commonwealth and the person who files a petition for a new
sentencing hearing, such person may waive his right to a new sentencing
proceeding and allow the court to fix punishment. No sentence imposed pursuant
to this section may exceed the sentence originally imposed upon the person.