{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-295.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-295.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-295.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-295.1.html"}],"law_id":67916,"edition_id":1,"section_id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","history":"1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389; 2007, cc. 388, 478; 2012, c. 134; 2020, Sp. Sess. I, c. 43.","full_text":"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 \u00a7 19.2-295. At such proceeding, the Commonwealth may present any victim impact testimony pursuant to \u00a7 19.2-295.3 and shall present the defendant&#8217;s prior criminal history, including prior convictions and the punishments imposed, 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&#8217;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 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 evidence related to punishment. Nothing in this section shall prevent the Commonwealth or the defendant from introducing relevant, admissible evidence in rebuttal.\n\t\tIf the jury cannot agree on a punishment, the court shall fix punishment.\n\t\tIf 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 \u00a7 19.2-257, that the court shall fix punishment.","order_by":null,"text":{"0":{"id":246000,"text":"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 \u00a7 19.2-295. At such proceeding, the Commonwealth may present any victim impact testimony pursuant to \u00a7 19.2-295.3 and shall present the defendant&#8217;s prior criminal history, including prior convictions and the punishments imposed, 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&#8217;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 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 evidence related to punishment. Nothing in this section shall prevent the Commonwealth or the defendant from introducing relevant, admissible evidence in rebuttal.\n\t\tIf the jury cannot agree on a punishment, the court shall fix punishment.\n\t\tIf 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 \u00a7 19.2-257, that the court shall fix punishment.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},{"id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","metadata":false},{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},{"id":64531,"structure_id":14013,"section_number":"19.2-300","catch_line":"Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality","url":"\/19.2-300\/","token":"19.2\/18\/1\/19.2-300","metadata":false},{"id":65087,"structure_id":14013,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},{"id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","metadata":false},{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},{"id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","metadata":false},{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},{"id":85846,"structure_id":14013,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","metadata":false},{"id":56424,"structure_id":14013,"section_number":"19.2-307","catch_line":"Contents of judgment order","url":"\/19.2-307\/","token":"19.2\/18\/1\/19.2-307","metadata":false},{"id":78445,"structure_id":14013,"section_number":"19.2-308","catch_line":"When two or more sentences run concurrently","url":"\/19.2-308\/","token":"19.2\/18\/1\/19.2-308","metadata":false},{"id":79069,"structure_id":14013,"section_number":"19.2-308.1","catch_line":"When sentence may run concurrently with sentence in another jurisdiction","url":"\/19.2-308.1\/","token":"19.2\/18\/1\/19.2-308.1","metadata":false},{"id":86121,"structure_id":14013,"section_number":"19.2-309","catch_line":"Sentence of confinement for conviction of a combination of felony and misdemeanor offenses","url":"\/19.2-309\/","token":"19.2\/18\/1\/19.2-309","metadata":false},{"id":63077,"structure_id":14013,"section_number":"19.2-309.1","catch_line":"Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News","url":"\/19.2-309.1\/","token":"19.2\/18\/1\/19.2-309.1","metadata":false},{"id":63650,"structure_id":14013,"section_number":"19.2-310","catch_line":"Transfer of prisoners to custody of Director of Department of Corrections","url":"\/19.2-310\/","token":"19.2\/18\/1\/19.2-310","metadata":false},{"id":65167,"structure_id":14013,"section_number":"19.2-310.01","catch_line":"Transmission of sentencing documents","url":"\/19.2-310.01\/","token":"19.2\/18\/1\/19.2-310.01","metadata":false},{"id":80141,"structure_id":14013,"section_number":"19.2-310.1","catch_line":"Repealed","url":"\/19.2-310.1\/","token":"19.2\/18\/1\/19.2-310.1","metadata":false}],"previous_section":{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},"next_section":{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-295.1\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0828\">828<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0860\">860<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0862\">862<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0881\">881<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0567\">567<\/a>; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0664\">664<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0389\">389<\/a>; in 2007, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0388\">388<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0478\">478<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0134\">134<\/a>.<\/p>","references":[{"id":58209,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","order_by":null,"url":"\/19.2-295\/"},{"id":65204,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","order_by":null,"url":"\/19.2-295.3\/"}],"refers_to":[{"id":66074,"section_number":"19.2-257","catch_line":"Trial without jury in felony cases","order_by":null,"url":"\/19.2-257\/"},{"id":58209,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","order_by":null,"url":"\/19.2-295\/"},{"id":65204,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","order_by":null,"url":"\/19.2-295.3\/"}],"permalink":{"id":169449,"object_type":"law","relational_id":67916,"identifier":"19.2-295.1","token":"19.2\/18\/1\/19.2-295.1","url":"\/19.2-295.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","dublin_core":{"Title":"Sentencing proceeding by the jury after conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-295.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In cases of trial by <span class=\"dictionary\">jury<\/span>, upon a <span class=\"dictionary\">finding<\/span> that the <span class=\"dictionary\">defendant<\/span> is guilty of a <span class=\"dictionary\">felony<\/span> or a Class 1 <span class=\"dictionary\">misdemeanor<\/span>, or upon a <span class=\"dictionary\">finding<\/span> in the <span class=\"dictionary\">trial de novo<\/span> of an appealed <span class=\"dictionary\">misdemeanor<\/span> <span class=\"dictionary\">conviction<\/span> that the <span class=\"dictionary\">defendant<\/span> is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>, a separate proceeding limited to the ascertainment of punishment shall be held as soon as practicable before the same <span class=\"dictionary\">jury<\/span> when ascertainment of punishment by <span class=\"dictionary\">jury<\/span> has been requested by the <span class=\"dictionary\">accused<\/span> as provided in subsection A of \u00a7&nbsp;<a class=\"law\" title=\"Ascertainment of punishment\" href=\"\/19.2-295\/\">19.2-295<\/a>. At such proceeding, the Commonwealth may present any victim impact <span class=\"dictionary\">testimony<\/span> pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Admission of victim impact testimony\" href=\"\/19.2-295.3\/\">19.2-295.3<\/a> and shall present the <span class=\"dictionary\">defendant<\/span>&#8217;s prior criminal history, including prior <span class=\"dictionary\">convictions<\/span> and the punishments imposed, by certified, attested, or exemplified copies of the <span class=\"dictionary\">final order<\/span>, including adult <span class=\"dictionary\">convictions<\/span> and juvenile <span class=\"dictionary\">convictions<\/span> and adjudications of delinquency. Prior <span class=\"dictionary\">convictions<\/span> shall include <span class=\"dictionary\">convictions<\/span> and adjudications of delinquency under the <span class=\"dictionary\">laws<\/span> of any state, the District of Columbia, the United States or its territories. The Commonwealth shall provide to the <span class=\"dictionary\">defendant<\/span> 14 days prior to trial notice of its intention to introduce copies of <span class=\"dictionary\">final orders<\/span> evidencing the <span class=\"dictionary\">defendant<\/span>&#8217;s prior criminal history, including prior <span class=\"dictionary\">convictions<\/span> and punishments imposed. Such notice shall include (i) the date of each prior <span class=\"dictionary\">conviction<\/span>, (ii) the name and <span class=\"dictionary\">jurisdiction<\/span> of the <span class=\"dictionary\">court<\/span> where each prior <span class=\"dictionary\">conviction<\/span> was had, (iii) each <span class=\"dictionary\">offense<\/span> of which he was convicted, and (iv) the punishment imposed. Prior to commencement of the trial, the Commonwealth shall provide to the <span class=\"dictionary\">defendant<\/span> photocopies of certified copies of the <span class=\"dictionary\">final orders<\/span> that it intends to introduce at sentencing. After the Commonwealth has introduced in its case-in-chief of the sentencing phase such <span class=\"dictionary\">evidence<\/span> of prior <span class=\"dictionary\">convictions<\/span> or victim impact <span class=\"dictionary\">testimony<\/span>, or both, or if no such <span class=\"dictionary\">evidence<\/span> is introduced, the <span class=\"dictionary\">defendant<\/span> may introduce relevant, <span class=\"dictionary\">admissible<\/span> <span class=\"dictionary\">evidence<\/span> related to punishment. Nothing in this section shall prevent the Commonwealth or the <span class=\"dictionary\">defendant<\/span> from introducing relevant, <span class=\"dictionary\">admissible<\/span> <span class=\"dictionary\">evidence<\/span> in <span class=\"dictionary\">rebuttal<\/span>.\n\t\tIf the <span class=\"dictionary\">jury<\/span> cannot agree on a punishment, the <span class=\"dictionary\">court<\/span> shall fix punishment.\n\t\tIf the sentence imposed pursuant to this section is subsequently set aside or found invalid solely due to an error in the sentencing proceeding, the <span class=\"dictionary\">court<\/span> shall impanel a different <span class=\"dictionary\">jury<\/span> to ascertain punishment, unless the <span class=\"dictionary\">defendant<\/span>, the attorney for the Commonwealth and the <span class=\"dictionary\">court<\/span> agree, in the manner provided in \u00a7&nbsp;<a class=\"law\" title=\"Trial without jury in felony cases\" href=\"\/19.2-257\/\">19.2-257<\/a>, that the <span class=\"dictionary\">court<\/span> shall fix punishment.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSENTENCING PROCEEDING BY THE JURY AFTER CONVICTION (\u00a7 19.2-295.1)\n\nIn cases of trial by jury, upon a finding that the defendant is guilty of a\nfelony or a Class 1 misdemeanor, or upon a finding in the trial de novo of an\nappealed misdemeanor conviction that the defendant is guilty of a Class 1\nmisdemeanor, a separate proceeding limited to the ascertainment of punishment\nshall be held as soon as practicable before the same jury when ascertainment of\npunishment by jury has been requested by the accused as provided in subsection A\nof \u00a7 19.2-295. At such proceeding, the Commonwealth may present any victim\nimpact testimony pursuant to \u00a7 19.2-295.3 and shall present the\ndefendant&#8217;s prior criminal history, including prior convictions and the\npunishments imposed, by certified, attested, or exemplified copies of the final\norder, including adult convictions and juvenile convictions and adjudications of\ndelinquency. Prior convictions shall include convictions and adjudications of\ndelinquency under the laws of any state, the District of Columbia, the United\nStates or its territories. The Commonwealth shall provide to the defendant 14\ndays prior to trial notice of its intention to introduce copies of final orders\nevidencing the defendant&#8217;s prior criminal history, including prior\nconvictions and punishments imposed. Such notice shall include (i) the date of\neach prior conviction, (ii) the name and jurisdiction of the court where each\nprior conviction was had, (iii) each offense of which he was convicted, and (iv)\nthe punishment imposed. Prior to commencement of the trial, the Commonwealth\nshall provide to the defendant photocopies of certified copies of the final\norders that it intends to introduce at sentencing. After the Commonwealth has\nintroduced in its case-in-chief of the sentencing phase such evidence of prior\nconvictions or victim impact testimony, or both, or if no such evidence is\nintroduced, the defendant may introduce relevant, admissible evidence related to\npunishment. Nothing in this section shall prevent the Commonwealth or the\ndefendant from introducing relevant, admissible evidence in rebuttal.\n\t\tIf the jury cannot agree on a punishment, the court shall fix punishment.\n\t\tIf the sentence imposed pursuant to this section is subsequently set aside or\nfound invalid solely due to an error in the sentencing proceeding, the court\nshall impanel a different jury to ascertain punishment, unless the defendant,\nthe attorney for the Commonwealth and the court agree, in the manner provided in\n\u00a7 19.2-257, that the court shall fix punishment.\n\nHISTORY: 1994, cc. 828, 860, 862, 881; 1995, c. 567; 1996, c. 664; 2001, c. 389;\n2007, cc. 388, 478; 2012, c. 134; 2020, Sp. Sess. I, c. 43.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}