HB 1915 Bifurcated trial; jury sentencing.
Kenneth R. Melvin | all patrons    ...    notes
| add to my profiles

Summary:
Sentencing proceeding by jury after felony conviction. Requires that the Commonwealth provide notice to the defendant 14 days prior to trial of its intention to introduce evidence of the defendant's prior criminal convictions. The notice must include (i) the date of each prior conviction, (ii) the name and jurisdiction of the convicting court, and (iii) the offense of which he was convicted. Photocopies of certified copies of such prior criminal convictions must be provided to the defendant prior to commencement of the trial, instead of 14 days prior to trial as is currently the case.

The bill also clarifies that the defendant may introduce relevant, admissible evidence related to punishment even if the Commonwealth does not introduce evidence of prior convictions.

If a sentence is subsequently set aside or found to be invalid solely due to an error in the sentencing proceeding, the court must impanel a new jury to ascertain punishment unless the defendant, the attorney for the Commonwealth and the court agree that punishment is to be set by the court.

Full text:
01/20/95  House: Presented & ordered printed LD2054156  pdf
02/20/95  Senate: Committee substitute printed LD6385352-S1  pdf
02/28/95  House: Conference substitute printed LD4251352-H1  pdf
03/13/95  House: Bill text as passed House and Senate (HB1915ER)  pdf
03/30/95  Governor: Acts of Assembly Chapter text (CHAP0567)  pdf

Amendments:
Conference amendments

Status:
01/20/95  House: Presented & ordered printed LD2054156
01/20/95  House: Referred to Committee for Courts of Justice
01/25/95  House: Assigned to C. J. sub-committee: 1
02/05/95  House: Reported from Courts of Justice (22-Y 0-N)
02/05/95  House: Read first time
02/06/95  House: Read second time and engrossed
02/07/95  House: Read third time and passed House (Block Vote) (99-Y 0-N)
02/07/95  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/95  House: Communicated to Senate
02/08/95  Senate: Read first time
02/08/95  Senate: Referred to Committee for Courts of Justice
02/14/95  Senate: Assigned to C. J. sub-committee: Criminal Law
02/19/95  Senate: Reported from Courts of Justice w/sub. (14-Y 0-N)
02/20/95  Senate: Committee substitute printed LD6385352-S1
02/20/95  Senate: Constitutional reading dispensed (39-Y 0-N)
02/20/95  Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
02/21/95  Senate: Read third time
02/21/95  Senate: Reading of substitute waived
02/21/95  Senate: Committee substitute agreed to LD6385352-S1
02/21/95  Senate: Engrossed by Senate - comm. sub. LD6385352-S1
02/21/95  Senate: Passed Senate with substitute (40-Y 0-N)
02/21/95  Senate: VOTE: PASSAGE (40-Y 0-N)
02/22/95  House: Placed on Calendar
02/23/95  House: Senate substitute rejected by House (3-Y 96-N)
02/23/95  House: VOTE: REJECTED (3-Y 96-N)
02/24/95  Senate: Senate insisted on substitute (40-Y 0-N)
02/24/95  Senate: VOTE: INSIST & REQUEST (40-Y 0-N)
02/24/95  Senate: Senate requested conference committee
02/24/95  House: House acceded to request
02/24/95  House: Conferees appointed by House
02/24/95  House: Delegates: Melvin, Woodrum, Miller
02/24/95  Senate: Conferees appointed by Senate
02/24/95  Senate: Senators: Marsh, Saslaw, Stolle
02/25/95  Senate: Reading of conference report waived
02/25/95  Senate: Conference report agreed to by Senate (39-Y 0-N)
02/25/95  Senate: VOTE: ADOPT CONFERENCE REPORT (39-Y 0-N)
02/25/95  Conference: Senate substitute rejected by conference committee
02/25/95  Conference: Substitute recommended by conference committee
02/25/95  House: Conference report agreed to by House (96-Y 2-N)
02/25/95  House: VOTE: ADOPTION (96-Y 2-N)
02/28/95  House: Conference substitute printed LD4251352-H1
03/13/95  House: Bill text as passed House and Senate (HB1915ER)
03/15/95  House: Enrolled
03/15/95  Senate: Signed by President
03/16/95  House: Signed by Speaker
03/24/95  Governor: Approved by Governor-Chapter 567 (effective 7/1/95)
03/30/95  Governor: Acts of Assembly Chapter text (CHAP0567)