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1995 SESSION
LD8482843Patrons--Stolle, Martin and Miller, K.G.; Delegates: Albo, Callahan, Dudley, Griffith, Hargrove, Katzen, Kidd, McClure and Ruff
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 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. 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 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) the offense giving rise to each prior
conviction. Prior to commencement of the sentencing proceeding, 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 If the Commonwealth has [
given notice of its intention to introduce or has ] introduced such
evidence of prior 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. Punishment shall be ascertained in the
manner provided herein regardless of any attempt by the defendant to enter a
plea of guilty after the jury has [ announced that it has found
such defendant guilty of a felony returned its verdict of
guilt ] . If the defendant is found guilty of an offense other
than a felony, punishment shall be fixed as otherwise provided by law. [
Notwithstanding the provisions of § 19.2-295, if the jury is unable to
unanimously agree upon punishment, the jury shall be discharged and the court
shall fix punishment. ]
If the sentence is subsequently set aside or found invalid, 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.