Friday, August 29, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB395: Death sentence; execution dates
Be it enacted by the General Assembly of Virginia:
1. That § 53.1-232.1 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-232.1. When execution dates required.
In a criminal case where a sentence of death has been imposed,
the trial court shall set an execution date when it
is notified the setting of an
execution date is requested
in writing by the Attorney General or the attorney for the Commonwealth, and
the court finds that: (i) the Supreme Court of Virginia has denied habeas
corpus relief or the time for filing a timely habeas corpus petition in that
Court has passed without such a petition being filed, the
time for seeking federal habeas corpus review has expired or (ii)
the Supreme Court of the United States has issued a final order disposing of
the case after granting a stay to review the judgment of the
Supreme Court of Virginia on habeas corpus, (iii) the United States Court of
Appeals has affirmed the denial of federal habeas corpus relief or the time for
filing a timely appeal in that court has passed without such an appeal being
filed, or (iv) the Supreme Court of the United States has issued a final order
after granting a stay in order to dispose of the petition for a writ of
certiorari to review the judgment of the United States Court of Appeals that sought review of the judgment of the United States Court of Appeals denying
federal habeas corpus relief.
The trial court shall conduct a proceeding to set the date
within ten days after receiving the written notice request from the Attorney General or the attorney for the
Commonwealth. The execution date shall be set by the trial court in accordance
with the provisions of §§ 53.1-232 and 53.1-234, but in any event shall be no
later than sixty days after the date of the proceeding. Nothing in this
provision shall prohibit the trial court from setting an execution date under
circumstances other than those specified herein. Once an execution date is
scheduled pursuant to this section, a stay of
execution may be granted by the trial court or the Supreme Court of Virginia
only upon a showing of substantial grounds for habeas corpus relief.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.