Bill Text: VA HB415 | 2022 | Regular Session | Prefiled
Bill Title: Criminal cases; sentencing by jury.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-02-15 - Left in Courts of Justice [HB415 Detail]
Download: Virginia-2022-HB415-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-288, 19.2-295, 19.2-295.1, and 19.2-295.3 of the Code of Virginia are amended and reenacted as follows:
§19.2-288. Verdict when accused found guilty of punishable homicide.
If a person indicted for murder be is found
guilty by the jury guilty
of any punishable homicide, they the jury shall in their
verdict fix the degree thereof. The court shall and ascertain the extent of
the punishment to be inflicted within the bounds prescribed by §§18.2-30 to
through 18.2-36, unless the
accused has requested that the jury ascertain punishment of the offense as
provided in subsection A of §19.2-295.
§19.2-295. Ascertainment of punishment.
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
of 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 shall be ascertained by the jury, or by the court
in cases tried without a jury.
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 §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.
§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 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'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'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 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.
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.
§19.2-295.3. Admission of victim impact testimony.
Whether by trial or upon a plea of guilty, upon a finding that
the defendant is guilty of a felony, the court shall permit the victim, as
defined in §19.2-11.01, upon motion of the attorney for the Commonwealth, to
testify in the presence of the accused regarding the impact of the offense upon
the victim. The court shall limit the victim's testimony to the factors set
forth in clauses (i) through (vi) of subsection A of §19.2-299.1. In the case
of trial by jury and when the
accused has requested the jury to ascertain punishment as provided in
subsection A of §19.2-295, the court shall permit the
victim to testify at the sentencing hearing conducted pursuant to §19.2-295.1. In all other cases of trial by jury, or in the case of trial by the
court, or
the case of a guilty plea, the court shall permit the
victim to testify before the court prior to the imposition of the sentence by
the presiding judge.
