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1999 SESSION
995057728Be 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, or 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.