A. Within the limits prescribed by law, the court shall ascertain the term of confinement in the state correctional facility or in jail and the amount of fine, if any, when a person is convicted of a criminal offense, unless the accused is tried by a jury and has requested that the jury ascertain punishment. Such request for a jury to ascertain punishment shall be filed as a written pleading with the court at least 30 days prior to trial.
B. When the accused is tried by a jury, deliberations of the jury shall be confined to a determination of the guilt or innocence of the accused, except that when the ascertainment of punishment by the jury has been requested by the accused, a proceeding in accordance with § 19.2-295.1 shall apply.
C. In any case in which a jury has fixed a sentence as provided in this chapter and the sentence is modified by the court pursuant to the authority contained within this chapter, the court shall file with the record of the case a written explanation of such modification including the cause therefor.
Code 1950, §§ 19.1-291, 19.1-292; 1960, c. 366; 1975, c. 495; 2007, c. 259; 2020, Sp. Sess. I, c. 43.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 18 - Sentence; Judgment; Execution of Sentence
§ 19.2-295. Ascertainment of punishment
§ 19.2-295.1. Sentencing proceeding by the jury after conviction
§ 19.2-295.3. Admission of victim impact testimony
§ 19.2-296. Withdrawal of plea of guilty
§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies
§ 19.2-298. Pronouncement of sentence
§ 19.2-298.01. Use of discretionary sentencing guidelines
§ 19.2-298.02. Deferred disposition in a criminal case
§ 19.2-299. Investigations and reports by probation officers in certain cases
§ 19.2-299.1. When Victim Impact Statement required; contents; uses
§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301
§ 19.2-303.01. Reduction of sentence; substantial assistance to prosecution
§ 19.2-303.1. Fixing period of suspension of sentence
§ 19.2-303.2. Persons charged with first offense may be placed on probation
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation
§ 19.2-304. Increasing or decreasing probation period and modification of conditions
§ 19.2-305.1. Restitution for property damage or loss; community service
§ 19.2-305.2. Amount of restitution; enforcement
§ 19.2-305.4. When interest to be paid on award of restitution
§ 19.2-306. Revocation of suspension of sentence and probation
§ 19.2-306.1. Limitation on sentence upon revocation of suspension of sentence; exceptions
§ 19.2-307. Contents of judgment order
§ 19.2-308. When two or more sentences run concurrently
§ 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction
§ 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections
§ 19.2-310.01. Transmission of sentencing documents
§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony
§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample
§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties
§ 19.2-313. Eligibility for release
§ 19.2-314. Supervision of persons released
§ 19.2-316. Evaluation and report prior to determining punishment