                                 CODE OF VIRGINIA

ASCERTAINMENT OF PUNISHMENT (§ 19.2-295)

A. Within the limits prescribed by law, the court shall ascertain the term of
confinement in the state correctional facility or in jail and the amount of
fine, if any, when a person is convicted of a criminal offense, unless the
accused is tried by a jury and has requested that the jury ascertain punishment.
Such request for a jury to ascertain punishment shall be filed as a written
pleading with the court at least 30 days prior to trial.

B. When the accused is tried by a jury, deliberations of the jury shall be
confined to a determination of the guilt or innocence of the accused, except
that when the ascertainment of punishment by the jury has been requested by the
accused, a proceeding in accordance with &#xA7; 19.2-295.1 shall apply.

C. In any case in which a jury has fixed a sentence as provided in this chapter
and the sentence is modified by the court pursuant to the authority contained
within this chapter, the court shall file with the record of the case a written
explanation of such modification including the cause therefor.

HISTORY: Code 1950, §§ 19.1-291, 19.1-292; 1960, c. 366; 1975, c. 495; 2007,
c. 259; 2020, Sp. Sess. I, c. 43.