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VIRGINIA STATUTES AND CODES

19.2-264.5 - Post-sentence reports.

§ 19.2-264.5. Post-sentence reports.

When the punishment of any person has been fixed at death, the court shall,before imposing sentence, direct a probation officer of the court tothoroughly investigate the history of the defendant and any and all otherrelevant facts, to the end that the court may be fully advised as to whetherthe sentence of death is appropriate and just. Reports shall be made,presented and filed as provided in § 19.2-299 except that, notwithstandingany other provision of law, such reports shall in all cases contain a VictimImpact Statement. Such statement shall contain the same information and beprepared in the same manner as Victim Impact Statements prepared pursuant to§ 19.2-299.1. After consideration of the report, and upon good cause shown,the court may set aside the sentence of death and impose a sentence ofimprisonment for life. Notwithstanding any other provision of law, if thecourt sets aside the sentence of death and imposes a sentence of imprisonmentfor life, it shall include in the sentencing order an explanation for thereduction in sentence.

(1977, c. 492; 1993, c. 978; 2004, c. 298.)

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