Bill > HB1070

This bill establishes a new procedure for how a defendant's past convictions or legal statuses can be used in court, particularly when that past history is a necessary part of the current charge or affects the potential punishment. In jury trials, if the defendant requests it at least 10 days before the trial, the court will first determine if the defendant is the same person who had the prior conviction or status. If the court confirms this, the jury will not be told about the specifics of the prior conviction or status during the phase where they decide guilt for the current offense. Instead, the prior history will be treated as proven for the purpose of determining the severity of the offense or potential sentence. If the defendant agrees to admit to the prior history (stipulates), the court will inform the jury that this has been agreed upon without revealing any details of the past event. However, if the defendant does not make this request within the specified timeframe, the jury will be allowed to consider the prior conviction or status as part of their decision-making process. The court can allow a late request for good cause, and in certain situations where a prior history makes an otherwise legal action illegal, the defendant can agree to stipulate to the prior history, simplifying the process for the jury.

Justice

https://lis.virginia.gov/bill-details/20261/HB1070