Procedures for execution of death sentence; subsequent process (§ 53.1-232)—Virginia Decoded

Procedures for execution of death sentence; subsequent process

A. Sentence of death shall not be executed sooner than thirty days after the sentence is pronounced. The court shall, in imposing such sentence, fix a day when the execution shall occur.

B. Whenever the day fixed for the execution of a sentence of death shall have passed without the execution of the sentence and it becomes necessary to fix a new date therefor, the circuit court which pronounced the sentence shall fix another day for the execution. The person to be executed need not be present but shall be represented by an attorney when such other day is fixed. A copy of the order fixing the new date of execution shall be promptly furnished by the clerk of the court making the order to the Director. The Director shall cause a copy of the order to be delivered to the person to be executed, and, if he is unable to read it, cause it to be explained to him at least ten days before the date fixed for such execution, and make return thereof to the clerk of the court which issued such order.

C. When the day fixed for the execution of a sentence of death has passed without the execution of the sentence by reason of a reprieve granted by the Governor, it shall not be necessary for the court to resentence the prisoner. The sentence of death shall be executed on the day to which the prisoner has been reprieved.

D. Should the condemned prisoner be granted a reprieve by the Governor, or obtain a writ of error from the Supreme Court of Virginia, or should the execution of the sentence be stayed by any other competent judicial proceeding, notice of such reprieve, writ of error or stay of execution shall be served upon (i) the Director, (ii) the warden or superintendent having actual custody of the prisoner, and (iii) the prisoner himself; the Director shall yield obedience to the same. In any subsequent proceeding, the mandate of the court having regard to the condemned prisoner shall be served upon the Director, the warden or superintendent having actual custody of the prisoner and upon the prisoner. Should the condemned prisoner be resentenced to death by the court, the proceedings shall be as hereinabove provided under the original sentence. Should a new trial be granted, such condemned prisoner shall be conveyed back to the place of trial by such officer or officers as the Director may direct.

History

Code 1950, §§ 19-274, 19.1-301, 53-316; 1960, c. 366; 1972, c. 145; 1978, c. 667; 1982, c. 636.

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Court Decisions

Davidson v. Com. (SCV, 06/11/93)
. . . passage of that 21-day period is found in Code § 53.1-232, which authorizes the trial court to fix . . .

Sheppard v. Early (Court of Appeals for the Fourth Circuit, 02/17/99)
. . . Supp. 1998). Sheppard . . .

. . . Mark A. Sheppard v. Mark L. Early, Individually and in His . . . (Court of Appeals for the Fourth Circuit, 01/19/99)
. . . Sheppard argues that Va.Code Ann. § 53.1-232.1 (Michie 1998) violates his right to equal . . .

Orbe v. Johnson (SCV, 03/31/04)
. . . stay Orbe's execution. Pursuant to Code § 53.1-232.1, "[o]nce an execution date is . . .

Giarratano v. Murray (District Court, E.D. Virginia, 12/18/86)
. . . elapsed since the imposition of sentence. Va.Code § 53.1-232. While stays of execution may be . . .

Percy Levar Walton v. Ronald J. Angelone (Court of Appeals for the Fourth Circuit, 02/27/03)
. . . to the provisions of Virginia Code § 53.1-232.1. On December 13, 1999, however, the United . . .

Orbe v. Johnson, Director Va Dept. of Corrections (Order) (SCV, 03/30/04)
. . . grant the motion, pursuant to Virginia . . .

Department of Corrections v. Surovell (SCV, 09/17/15)
. . . carrying out court-ordered executions. Code § 53.1-232 et . . .

Burket v. Angelone (District Court, E.D. Virginia, 02/23/99)
. . . February 4, 1997, pursuant to Virginia Code § 53.1-232.1, the Circuit Court of the City of . . .

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