HB 1787 Bifurcated trial; jury sentencing.
Clifton A. Woodrum | all patrons    ...    notes
| add to my profiles

Bifurcated trial; jury sentencing. Allows the Commonwealth to give notice to defendant 14 days in advance of trial that it intends to introduce evidence of the defendant's prior convictions at the sentencing phase of the trial instead of the current requirement of providing to the defendant 14 days in advance, actual copies of those convictions. The bill also provides for judicial sentencing if the jury cannot agree upon a sentence and for sentencing by a new jury if, on appeal, the conviction is overturned for sentencing error. Currently, there is no provision for a hung jury on sentencing, or re-sentencing, after appeal. The bill also allows a defendant to waive a “sentencing jury” with the concurrence of the court and the Commonwealth. Finally, the bill gives the court discretion to deny the defendant the opportunity to offer the “sentencing jury” mitigating evidence if the Commonwealth puts on no evidence of prior convictions. This bill is recommended by the Crime Commission.

Full text:
01/19/95  House: Presented & ordered printed LD8525825  pdf

01/19/95  House: Presented & ordered printed LD8525825
01/19/95  House: Referred to Committee for Courts of Justice
01/25/95  House: Assigned to C. J. sub-committee: 1
02/08/95  House: No action taken by Courts of Justice by voice vote