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.
2020 SPECIAL SESSION I
20200902DBe it enacted by the General Assembly of Virginia:
1. That §§ 19.2-257, 19.2-264.3, 19.2-288, 19.2-295, 19.2-295.1, and 19.2-295.3 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-257. Trial without jury in felony cases.
A. Upon a plea of guilty in a felony case, tendered in
person by the accused after being advised by counsel, the court shall hear and
determine the case without the intervention of a jury; or if the accused
plead pleads not guilty, with his consent after being advised by
counsel and the concurrence of the attorney for the Commonwealth and of the
court entered of record, the court shall hear and determine the case without
the intervention of a jury. In such cases, the court shall have and
exercise all the powers, privileges, and duties given to juries by any
statute relating to crimes and punishments.
B. The attorney for the Commonwealth shall not withhold his concurrence to proceeding without the intervention of a jury if the accused consents to proceeding in such a manner when an order declaring a judicial emergency has been entered pursuant to § 17.1-330 and such order suspends criminal jury trials.
§ 19.2-264.3. Procedure for trial by jury.
A. In any case in which the offense may be punishable by death
which that is tried before a jury the court shall first submit to
the jury the issue of guilt or innocence of the defendant of the offense
charged in the indictment, or any other offense supported by the evidence for
which a lesser punishment is provided by law and the penalties therefor.
B. If the jury finds the defendant guilty of an offense for which the death penalty may not be imposed and the accused has requested that the jury ascertain punishment of the offense as provided in subsection A of § 19.2-295, it shall fix the punishment as provided in § 19.2-295.1.
C. If the jury finds the defendant guilty of an offense
which that may be punishable by death, then a separate proceeding
before the same jury shall be held as soon as is practicable on the issue of
the penalty, which shall be fixed as is provided in § 19.2-264.4.
If the sentence of death is subsequently set aside or found invalid, and the defendant or the Commonwealth requests a jury for purposes of resentencing, the court shall impanel a different jury on the issue of penalty.
§ 19.2-288. Verdict when accused found guilty of punishable homicide.
If a person indicted for murder be found by the jury guilty of
any punishable homicide, they shall in their verdict fix the degree thereof
and. The court shall ascertain the extent of the punishment to be
inflicted within the bounds prescribed by §§ 18.2-30 to 18.2-36, unless the
accused has requested that the jury ascertain punishment of the offense as
provided in subsection A of § 19.2-295. However, in any case in which the
accused is found guilty of capital murder, the provisions of Article 4.1 (§
19.2-264.2 et seq.) of Chapter 15 shall apply.
§ 19.2-295. Ascertainment of punishment.
A. Within the limits prescribed by law, the court shall
ascertain the term of confinement in the state correctional facility or in
jail and the amount of fine, if any, of when a person is
convicted of a criminal offense, shall be ascertained by the jury, or by the
court in cases tried without a jury unless the accused is tried by a
jury and has requested that the jury ascertain punishment. The accused must
request sentencing by a jury before the jury is dismissed by the court after
ascertaining guilt.
B. When the accused is tried by a jury, deliberations of the jury shall be confined to a determination of the guilt or innocence of the accused, except that when the ascertainment of punishment by the jury has been requested by the accused, a proceeding in accordance with § 19.2-295.1 shall apply, or when the accused is found guilty of capital murder, the provisions of Article 4.1 (§ 19.2-264.2 et seq.) of Chapter 15 shall apply.
C. In any case in which a jury has fixed a sentence as provided in this chapter and the sentence is modified by the court pursuant to the authority contained within this chapter, the court shall file with the record of the case a written explanation of such modification including the cause therefor.
§ 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 a Class 1 misdemeanor, or upon a finding in the trial
de novo of an appealed misdemeanor conviction that the defendant is guilty of a
Class 1 misdemeanor, a separate proceeding limited to the ascertainment of
punishment shall be held as soon as practicable before the same jury when
ascertainment of punishment by jury has been requested by the accused as
provided in subsection A of § 19.2-295. At such proceeding, the
Commonwealth may present any victim impact testimony pursuant to § 19.2-295.3
and shall present the defendant's prior criminal history, including prior
convictions and the punishments imposed, adult felony convictions by
certified, attested, or exemplified copies of the final order,
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 14 days prior to trial notice of its intention to
introduce copies of final orders evidencing the defendant's prior criminal
history, including prior convictions and punishments imposed. 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, (iii) each offense of which
he was convicted, and (iv) the punishment imposed. Prior to commencement of the
trial, the Commonwealth shall provide to the defendant photocopies of certified
copies of the final orders which that it intends to introduce at
sentencing. After the Commonwealth has introduced in its case-in-chief of the
sentencing phase such evidence of prior convictions or victim impact testimony,
or both, or if no such evidence is introduced, the defendant may introduce
relevant, admissible any evidence related to punishment. Nothing in
this section shall prevent the Commonwealth or the defendant from introducing
relevant, admissible evidence in rebuttal.
If the jury cannot agree on a punishment, 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.
If the sentence imposed pursuant to this section is subsequently set aside or found invalid 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.
§ 19.2-295.3. Admission of victim impact testimony.
Whether by trial or upon a plea of guilty, upon a finding that
the defendant is guilty of a felony, the court shall permit the victim, as
defined in § 19.2-11.01, upon motion of the attorney for the Commonwealth, to
testify in the presence of the accused regarding the impact of the offense upon
the victim. The court shall limit the victim's testimony to the factors set
forth in clauses (i) through (vi) of subsection A of § 19.2-299.1. In the case
of trial by jury and when the accused has requested the jury to ascertain
punishment as provided in subsection A of § 19.2-295, the court shall
permit the victim to testify at the sentencing hearing conducted pursuant to §
19.2-295.1 or in. In all other cases of trial by jury, the case
of trial by the court, or the case of a guilty plea, the court
shall permit the victim to testify before the court prior to the imposition of
a the sentence by the presiding judge. Victim impact
testimony in all capital murder cases shall be admitted in accordance with §
19.2-264.4.