Virginia HB 279: Sentencing proceeding by the jury after conviction; recommendation of leniency.

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2020 SESSION

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20101181D

HOUSE BILL NO. 279 

Offered January 8, 2020 

Prefiled December 30, 2019 

A BILL to amend and reenact � 19.2-295.1 of the Code of 
 Virginia, relating to sentencing proceeding by the jury after conviction; 
 recommendation of leniency. 
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Patrons-- Hope, Kilgore and Scott 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-295.1 of the Code of Virginia is amended and 
 reenacted as follows:

� 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. 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 which 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.

In ascertaining 
 punishment, the jury may recommend that the sentence imposed be suspended in 
 whole or in part, or that sentences 
 imposed for multiple offenses be served concurrently, except where such suspension 
 of sentence or concurrent service i