                                 CODE OF VIRGINIA

SENTENCING PROCEEDING BY THE JURY AFTER CONVICTION (§ 19.2-295.1)

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&#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.
		If the jury cannot agree on a punishment, 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.

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.