Virginia SB 811: Sentencing in a criminal case; procedure for trial by jury, ascertainment of punishment, etc.

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2021 SESSION

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20107869D 

SENATE BILL NO. 811 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the Senate Committee on the Judiciary 

on February 5, 2020) 

(Patron Prior to Substitute--Senator Morrissey) 

A BILL to amend and reenact �� 19.2-264.3, 19.2-288, 19.2-295, 
19.2-295.1, and 19.2-295.3, relating to sentencing in a criminal case; jury 
trial. 

Be it enacted by the General Assembly of Virginia:

1. That �� 19.2-264.3, 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:

� 19.2-264.3. Procedure for trial by jury.

A. In any case in which the offense may be punishable by death 
which is tried before a jury the court shall first submit to the jury the issue 
of guilt or innocence of the defendant of the offense charged in the 
indictment, or any other offense supported by the evidence for which a lesser 
punishment is provided by law and the penalties therefor.

B. If the jury finds the defendant guilty of an offense for 
which the death penalty may not be imposed and the accused has requested 
that the jury ascertain punishment of the offense as provided in subsection A 
of � 19.2-295, it shall fix the punishment as provided in � 19.2-295.1.

C. If the jury finds the defendant guilty of an offense which 
may be punishable by death, then a separate proceeding before the same jury 
shall be held as soon as is practicable on the issue of the penalty, which 
shall be fixed as is provided in � 19.2-264.4.

If the sentence of death is subsequently set aside or found 
invalid, and the defendant or the Commonwealth requests a jury for purposes of 
resentencing, the court shall impanel a different jury on the issue of penalty.

� 19.2-288. Verdict when accused found guilty of punishable 
homicide.

If a person indicted for murder be found by the jury guilty of 
any punishable homicide, they shall in their verdict fix the degree thereof 
and. The court shall ascertain the extent of the punishment to be 
inflicted within the bounds prescribed by �� 18.2-30 to 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. However, in any case in which 
the accused is found guilty of capital murder, the provisions of Article 4.1 (� 
19.2-264.2 et seq.) of Chapter 15 shall apply.

� 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, of when a person is 
convicted of a criminal offense, shall be ascertained by the jury, or by the 
court in cases tried without a jury unless the accused is tried by a 
jury and has requested that the jury ascertain punishment at least 30 day