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1995 SESSION

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HB 1933 Sentencing proceeding by jury after felony conviction.

Introduced by: W. Roscoe Reynolds | all patrons    ...    notes | add to my profiles

SUMMARY:

Sentencing proceeding by jury after felony conviction. Provides that the separate proceeding for the ascertainment of punishment need not be held if sentencing by a jury is waived by the defendant with the concurrence of the attorney for the Commonwealth and of the court of record. The Commonwealth is required to provide notice to the defendant 14 days prior to trial of its intention to introduce into evidence copies of the defendant's prior criminal convictions. This notice must include the date of each prior conviction, the name and jurisdiction of the court involved and the nature of the offense. The trial court is to declare a mistrial as to sentencing if the jury cannot unanimously agree on a sentence 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, the jury must fix the punishment and return it with its 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 and, if a jury is not waived, the court is to impanel a different jury to decide the penalty issue.


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