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2020 SPECIAL SESSION I

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SB 5007 Criminal cases; sentencing reform, procedure for trial by jury, etc.

Introduced by: Joseph D. Morrissey | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall fix punishment. The bill has a delayed effective date of July 1, 2021.

SUMMARY AS PASSED SENATE:

Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall fix punishment. The bill provides that the attorney for the Commonwealth may not demand a jury trial when an order declaring a judicial emergency has suspended criminal jury trials.

SUMMARY AS INTRODUCED:

Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall declare a mistrial. The bill provides that the attorney for the Commonwealth may not demand a jury trial when an order declaring a judicial emergency has suspended criminal jury trials. The bill also provides that the Virginia Criminal Sentencing Commission shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net decrease in periods of imprisonment in state adult correctional facilities.