2006 Code of Virginia § 19.2-295.1 - Sentencing proceeding by the jury after conviction

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 afelony or a Class 1 misdemeanor, or upon a finding in the trial de novo of anappealed misdemeanor conviction that the defendant is guilty of a Class 1misdemeanor, a separate proceeding limited to the ascertainment of punishmentshall be held as soon as practicable before the same jury. At suchproceeding, the Commonwealth shall present the defendant's prior criminalconvictions by certified, attested or exemplified copies of the record ofconviction, including adult convictions and juvenile convictions andadjudications of delinquency. Prior convictions shall include convictions andadjudications of delinquency under the laws of any state, the District ofColumbia, the United States or its territories. The Commonwealth shallprovide to the defendant fourteen days prior to trial notice of its intentionto introduce evidence of the defendant's prior criminal convictions. Suchnotice shall include (i) the date of each prior conviction, (ii) the name andjurisdiction of the court where each prior conviction was had, and (iii) eachoffense of which he was convicted. Prior to commencement of the trial, theCommonwealth shall provide to the defendant photocopies of certified copiesof the defendant's prior criminal convictions which it intends to introduceat sentencing. After the Commonwealth has introduced such evidence of priorconvictions, or if no such evidence is introduced, the defendant mayintroduce relevant, admissible evidence related to punishment. Nothing inthis section shall prevent the Commonwealth or the defendant from introducingrelevant, admissible evidence in rebuttal.

If the jury cannot agree on a punishment and if the defendant, the attorneyfor the Commonwealth, and the court agree, in the manner provided in 19.2-257, then the court shall fix punishment.

If the sentence imposed pursuant to this section is subsequently set aside orfound invalid solely due to an error in the sentencing proceeding, the courtshall impanel a different jury to ascertain punishment, unless the defendant,the attorney for the Commonwealth and the court agree, in the manner providedin 19.2-257, that the court shall fix punishment.

(1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389.)