H. B. 2549
(By Delegates Hunt and Amores)
[Introduced January 14, 1998
; referred to the
Committee on the Judiciary.]
A BILL to amend article eleven, chapter sixty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fifteen-a, relating to ascertainment of punishment of a
person after conviction of a criminal offense and providing
for a sentencing proceeding by the jury after conviction for
a felony.
Be it enacted by the Legislature of West Virginia:
That article eleven, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fifteen-a, to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-15a. Ascertainment of punishment; jury sentencing proceeding after felony conviction.
Notwithstanding any provision of this code to the contrary:
(a) The term of confinement in a state correctional
facility, regional jail or county jail, and the amount of fine,
if any, of a person convicted of a criminal offense, shall be
ascertained by the jury, or by the court in cases tried without
a jury. Such term of confinement or fine shall be within the
limits prescribed by law.
(b) In cases of trial by jury, upon a finding that the
defendant is guilty of a felony, a separate proceeding limited to
the ascertainment of punishment shall be held as soon as
practicable before the same jury. At such proceeding the
prosecuting attorney shall present the defendant's prior criminal
convictions by certified, attested or exemplified copies of the
record of conviction, including adult convictions, 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 prosecuting attorney shall
provide to the defendant, fourteen days prior to trial,
photocopies of certified copies of the defendant's prior criminal convictions which it intends to introduce at sentencing. After
the prosecuting attorney has introduced such evidence of prior
convictions, the defendant may introduce relevant, admissible
evidence related to punishment. Nothing in this section shall
prevent the prosecuting attorney or the defendant from
introducing relevant, admissible evidence in rebuttal. If the
defendant is found guilty of an offense other than a felony,
punishment shall be fixed as otherwise provided by law.
NOTE: The purpose of this bill is to provide for jury
sentencing of a person convicted of a criminal offense after a
trial by jury, and to provide for a separate jury sentencing
proceeding after a jury trial resulting in a felony conviction.
This section is new; therefore, strike-throughs and
underscoring have been omitted.