53.1-232 - Procedures for execution of death sentence; subsequent process. - Virginia Statutes

§ 53.1-232. Procedures for execution of death sentence; subsequent process.

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

B. Whenever the day fixed for the execution of a sentence of death shall havepassed without the execution of the sentence and it becomes necessary to fixa new date therefor, the circuit court which pronounced the sentence shallfix another day for the execution. The person to be executed need not bepresent 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 promptlyfurnished by the clerk of the court making the order to the Director. TheDirector shall cause a copy of the order to be delivered to the person to beexecuted, and, if he is unable to read it, cause it to be explained to him atleast ten days before the date fixed for such execution, and make returnthereof to the clerk of the court which issued such order.

C. When the day fixed for the execution of a sentence of death has passedwithout the execution of the sentence by reason of a reprieve granted by theGovernor, 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 hasbeen reprieved.

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

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