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1997 SESSION
971265362Be it enacted by the General Assembly of Virginia:
1. That § 19.2-295.1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-295.1. Sentencing proceeding by the jury after conviction.
In cases of trial by jury, upon a finding that the defendant is guilty of a
felony and upon a finding in
the trial de novo of an appealed misdemeanor conviction, that the
defendant is guilty of a misdemeanor, a separate
proceeding limited to the ascertainment of punishment shall be held as soon as
practicable before the same jury. At such proceeding, the Commonwealth shall
present the defendant's prior criminal convictions by certified, attested or
exemplified copies of the record of conviction, including adult convictions and
juvenile convictions and adjudications of delinquency. Prior convictions shall
include convictions and adjudications of delinquency under the laws of any
state, the District of Columbia, the United States or its territories. The
Commonwealth shall provide to the defendant fourteen days prior to trial notice
of its intention to introduce evidence of the defendant's prior criminal
convictions. Such notice shall include (i) the date of each prior conviction,
(ii) the name and jurisdiction of the court where each prior conviction was
had, and (iii) each offense of which he was convicted. Prior to commencement of
the trial, the Commonwealth shall provide to the defendant photocopies of
certified copies of the defendant's prior criminal convictions which it intends
to introduce at sentencing. After the Commonwealth has introduced such evidence
of prior convictions, or if no such evidence is introduced, the defendant may
introduce relevant, admissible evidence related to punishment. Nothing in this
section shall prevent the Commonwealth or the defendant from introducing
relevant, admissible evidence in rebuttal. If the defendant is found
guilty of an offense other than a felony, punishment shall be fixed as
otherwise provided by law.
If the jury cannot agree on a punishment and if the defendant, the attorney for the Commonwealth, and the court agree, in the manner provided in § 19.2-257, then the court shall fix punishment.
If the sentence on appeal imposed pursuant to this section
is subsequently set aside or found invalid on appeal solely
due to an error in the sentencing proceeding, the court shall impanel a
different jury to ascertain punishment, unless the defendant, the attorney for
the Commonwealth and the court agree, in the manner provided in §
19.2-257, that the court shall fix punishment.