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SB 5007 - Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury - Virginia Key Vote

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Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

Signed by Governor Ralph Northam


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Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes defendants to choose to be sentenced by a judge rather than a jury.

Highlights:

 

  • Requires the deliberations of a jury be confined to a determination of guilt or innocence, except for when the ascertainment of punishment by the jury is requested by the accused (Sec 1).

  • Authorizes the court to decide on the term of confinement for the accused in a state correctional facility or jail and the amount of a fine, if any, unless the accused requested that the jury ascertain punishment (Sec 1).

  • Requires the accused to file a request for sentencing by a jury at least 30 days prior to trial (Sec 1).

  • Specifies that if the defendant is found guilty of a felony or a Class 1 misdemeanor and the decision of punishment by jury has been requested by the accused, a separate proceeding limited to the determination of punishment will be held (Sec 1).

  • Authorizes the court to establish a punishment in the event that a jury cannot agree (Sec 1).

Full Bill Text

Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

See How Your Politicians Voted

Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

Vote Smart's Synopsis:

Vote to pass a bill that authorizes defendants to choose to be sentenced by a judge rather than a jury.

Highlights:

 

  • Requires the deliberations of a jury be confined to a determination of guilt or innocence, except for when the ascertainment of punishment by the jury is requested by the accused (Sec 1).

  • Requires the attorney for the Commonwealth to present their concurrence to sentencing without jury intervention to the defendant (Sec 1).

  • Authorizes the court to determine the punishment of a person determined to be guilty of homicide, unless the accused requested that the jury ascertain punishment (Sec 1).

  • Specifies that if the defendant is found guilty of a Class 1 misdemeanor and the decision of punishment by jury has been requested by the accused, a separate proceeding limited to the determination of punishment will be held (Sec 1).

  • Authorizes the court to decide on the term of confinement for the accused in a state correctional facility or jail and the amount of a fine, if any (Sec 1).

  • Authorizes the court to establish a punishment in the event that a jury cannot agree (Sec 1).

Full Bill Text

Title: Authorizes Defendants to Be Sentenced by a Judge Rather Than a Jury

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