CODE OF VIRGINIA

WHEN EXECUTION DATES REQUIRED (§ 53.1-232.1)

In a criminal case where a sentence of death has been imposed, the trial court
shall set an execution date when it is notified 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, (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.The
trial court shall conduct a proceeding to set the date within ten days after
receiving the written notice 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, 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.

HISTORY: 1995, c. 503.