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1995 SESSION

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HB 1915 Bifurcated trial; jury sentencing.

Introduced by: Kenneth R. Melvin | all patrons    ...    notes | add to my profiles

SUMMARY:

Sentencing proceeding by jury after felony conviction. Requires that the Commonwealth provide notice to the defendant 14 days prior to trial of its intention to introduce evidence of the defendant's prior criminal convictions. The notice must include (i) the date of each prior conviction, (ii) the name and jurisdiction of the convicting court, and (iii) the offense of which he was convicted. Photocopies of certified copies of such prior criminal convictions must be provided to the defendant prior to commencement of the trial, instead of 14 days prior to trial as is currently the case.

The bill also clarifies that the defendant may introduce relevant, admissible evidence related to punishment even if the Commonwealth does not introduce evidence of prior convictions.

If a sentence is subsequently set aside or found to be invalid solely due to an error in the sentencing proceeding, the court must impanel a new jury to ascertain punishment unless the defendant, the attorney for the Commonwealth and the court agree that punishment is to be set by the court.


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