SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-262 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel.
(1) A. In any criminal case in which trial by jury is
dispensed with as provided by law, the whole matter of law and fact shall be
heard and judgment given by the court. In appeals from juvenile and domestic
relations district courts, the infant, through his guardian ad litem
or counsel, may waive a jury.
(2) B. Twelve persons from a panel of twenty shall
constitute a jury in a felony case. Seven persons from a panel of thirteen
shall constitute a jury in a misdemeanor case.
(3) C. The parties or their counsel, beginning with the
attorney for the Commonwealth, shall alternately strike off one name from the
panel until the number remaining shall be reduced to the number required for a
jury.
(4) D. In any case in which persons indicted for felony
elect to be are tried jointly, if counsel or the accused
are unable to agree on the full number to be stricken, or, if for any other
reason counsel or the accused fail or refuse to strike off the full number of
jurors allowed such party, the clerk shall place in a box ballots bearing the
names of the jurors whose names have not been stricken and shall cause to be
drawn from the box such number of ballots as may be necessary to complete the
number of strikes allowed the party or parties failing or refusing to strike.
Thereafter, if the opposing side is entitled to further strikes, they shall be
made in the usual manner.
§ 19.2-262. (Delayed effective date) Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel.
(1) A. In any criminal case in which trial by jury is
dispensed with as provided by law, the whole matter of law and fact shall be
heard and judgment given by the court. In appeals from family
courts, the infant, through his guardian ad litem or counsel, may
waive a jury.
(2) B. Twelve persons from a panel of twenty shall
constitute a jury in a felony case. Seven persons from a panel of thirteen
shall constitute a jury in a misdemeanor case.
(3) C. The parties or their counsel, beginning with the
attorney for the Commonwealth, shall alternately strike off one name from the
panel until the number remaining shall be reduced to the number required for a
jury.
(4) D. In any case in which persons indicted for felony
elect to be are tried jointly, if counsel or the accused
are unable to agree on the full number to be stricken, or, if for any other
reason counsel or the accused fail or refuse to strike off the full number of
jurors allowed such party, the clerk shall place in a box ballots bearing the
names of the jurors whose names have not been stricken and shall cause to be
drawn from the box such number of ballots as may be necessary to complete the
number of strikes allowed the party or parties failing or refusing to strike.
Thereafter, if the opposing side is entitled to further strikes, they shall be
made in the usual manner.