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1995 SESSION

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HB 2241 Bifurcated trial; jury sentencing.

Introduced by: J. Randy Forbes | all patrons    ...    notes | add to my profiles

SUMMARY:

Felony sentencing procedures. Requires that the Commonwealth provide to the defendant 14 days prior to trial notice 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 for which the defendant was convicted. Certified copies of such prior criminal convictions must be provided to the defendant prior to commencement of the sentencing proceeding instead of 14 days prior to trial as is currently the case. Punishment must be ascertained as currently provided regardless of any attempt by the defendant to enter a plea of guilty after the jury has announced a guilty verdict. If the jury is unable to unanimously agree upon punishment, the jury is to be discharged and punishment fixed by the court. If a sentence is subsequently set aside or found to be invalid, 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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