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1995 SESSION
LD4191428Be 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 for a felony.
In cases of trial by jury, upon a finding that the defendant is guilty of a
felony, a separate proceeding limited to the ascertainment of punishment
shall be held as soon as practicable before the same jury unless
sentencing by a jury is waived by the defendant with the concurrence of the
attorney for the Commonwealth and of the court entered of record. 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. 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 notice to the defendant fourteen days prior to trial
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, of its intention to
introduce into evidence copies of the defendant’s prior criminal
convictions. The Commonwealth’s notice shall include (i) the date of each
prior conviction, (ii) the name and jurisdiction of each court for each prior
conviction, and (iii) the nature of the offense for each prior conviction.
If the Commonwealth introduces evidence of convictions, 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 unanimously on a sentence, then the trial court shall declare a mistrial as to sentencing and set the case for a sentencing proceeding by a new jury.
If the defendant is found guilty of an offense other than a felony,
punishment shall be fixed as otherwise provided by law. the
jury shall fix the punishment and return it with their guilty verdict without
any additional evidence being taken. If the conviction is reversed solely
because of error occurring in the sentencing phase by the jury after
conviction, then the trial on remand shall be restricted only to sentencing
by a jury. In the event a new trial restricted only to sentencing is ordered
for any reason and a jury is not waived, the court shall impanel a different
jury to decide the issue of penalty.