2006 Code of Virginia § 19.2-264.3 - Procedure for trial by jury

19.2-264.3. Procedure for trial by jury.

A. In any case in which the offense may be punishable by death which is triedbefore a jury the court shall first submit to the jury the issue of guilt orinnocence of the defendant of the offense charged in the indictment, or anyother offense supported by the evidence for which a lesser punishment isprovided by law and the penalties therefor.

B. If the jury finds the defendant guilty of an offense for which the deathpenalty may not be imposed, it shall fix the punishment as provided in 19.2-295.1.

C. If the jury finds the defendant guilty of an offense which may bepunishable by death, then a separate proceeding before the same jury shall beheld as soon as is practicable on the issue of the penalty, which shall befixed as is provided in 19.2-264.4.

If the sentence of death is subsequently set aside or found invalid, and thedefendant or the Commonwealth requests a jury for purposes of resentencing,the court shall impanel a different jury on the issue of penalty.

(1977, c. 492; 1983, c. 519; 1994, cc. 828, 860, 862, 881.)