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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
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.
FULL TEXT
- 01/20/95 House: Presented & ordered printed LD2054156 pdf
- 02/20/95 Senate: Committee substitute printed LD6385352-S1 pdf
- 02/28/95 House: Conference substitute printed LD4251352-H1 pdf
- 03/13/95 House: Bill text as passed House and Senate (HB1915ER) pdf
- 03/30/95 Governor: Acts of Assembly Chapter text (CHAP0567) pdf
AMENDMENTS
HISTORY
- 01/20/95 House: Presented & ordered printed LD2054156
- 01/20/95 House: Referred to Committee for Courts of Justice
- 01/25/95 House: Assigned to C. J. sub-committee: 1
- 02/05/95 House: Reported from Courts of Justice (22-Y 0-N)
- 02/05/95 House: Read first time
- 02/06/95 House: Read second time and engrossed
- 02/07/95 House: Read third time and passed House (Block Vote) (99-Y 0-N)
- 02/07/95 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/07/95 House: Communicated to Senate
- 02/08/95 Senate: Read first time
- 02/08/95 Senate: Referred to Committee for Courts of Justice
- 02/14/95 Senate: Assigned to C. J. sub-committee: Criminal Law
- 02/19/95 Senate: Reported from Courts of Justice w/sub. (14-Y 0-N)
- 02/20/95 Senate: Committee substitute printed LD6385352-S1
- 02/20/95 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/20/95 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
- 02/21/95 Senate: Read third time
- 02/21/95 Senate: Reading of substitute waived
- 02/21/95 Senate: Committee substitute agreed to LD6385352-S1
- 02/21/95 Senate: Engrossed by Senate - comm. sub. LD6385352-S1
- 02/21/95 Senate: Passed Senate with substitute (40-Y 0-N)
- 02/21/95 Senate: VOTE: PASSAGE (40-Y 0-N)
- 02/22/95 House: Placed on Calendar
- 02/23/95 House: Senate substitute rejected by House (3-Y 96-N)
- 02/23/95 House: VOTE: REJECTED (3-Y 96-N)
- 02/24/95 Senate: Senate insisted on substitute (40-Y 0-N)
- 02/24/95 Senate: VOTE: INSIST & REQUEST (40-Y 0-N)
- 02/24/95 Senate: Senate requested conference committee
- 02/24/95 House: House acceded to request
- 02/24/95 House: Conferees appointed by House
- 02/24/95 House: Delegates: Melvin, Woodrum, Miller
- 02/24/95 Senate: Conferees appointed by Senate
- 02/24/95 Senate: Senators: Marsh, Saslaw, Stolle
- 02/25/95 Senate: Reading of conference report waived
- 02/25/95 Senate: Conference report agreed to by Senate (39-Y 0-N)
- 02/25/95 Senate: VOTE: ADOPT CONFERENCE REPORT (39-Y 0-N)
- 02/25/95 Conference: Senate substitute rejected by conference committee
- 02/25/95 Conference: Substitute recommended by conference committee
- 02/25/95 House: Conference report agreed to by House (96-Y 2-N)
- 02/25/95 House: VOTE: ADOPTION (96-Y 2-N)
- 02/28/95 House: Conference substitute printed LD4251352-H1
- 03/13/95 House: Bill text as passed House and Senate (HB1915ER)
- 03/15/95 House: Enrolled
- 03/15/95 Senate: Signed by President
- 03/16/95 House: Signed by Speaker
- 03/24/95 Governor: Approved by Governor-Chapter 567 (effective 7/1/95)
- 03/30/95 Governor: Acts of Assembly Chapter text (CHAP0567)