53.1-232.1 - When execution dates required. - Virginia Statutes

§ 53.1-232.1. When execution dates required.

In a criminal case where a sentence of death has been imposed, the trialcourt shall set an execution date when it is notified in writing by theAttorney General or the attorney for the Commonwealth, and the court findsthat: (i) the Supreme Court of Virginia has denied habeas corpus relief orthe time for filing a timely habeas corpus petition in that Court has passedwithout such a petition being filed, (ii) the Supreme Court of the UnitedStates has issued a final order disposing of the case after granting a stayto review the judgment of the Supreme Court of Virginia on habeas corpus,(iii) the United States Court of Appeals has affirmed the denial of federalhabeas corpus relief or the time for filing a timely appeal in that court haspassed without such an appeal being filed, or (iv) the Supreme Court of theUnited States has issued a final order after granting a stay in order todispose of the petition for a writ of certiorari to review the judgment ofthe United States Court of Appeals.

The trial court shall conduct a proceeding to set the date within ten daysafter receiving the written notice from the Attorney General or the attorneyfor the Commonwealth. The execution date shall be set by the trial court inaccordance with the provisions of §§ 53.1-232 and 53.1-234, but in any eventshall be no later than sixty days after the date of the proceeding. Nothingin this provision shall prohibit the trial court from setting an executiondate under circumstances other than those specified herein. Once an executiondate is scheduled, a stay of execution may be granted by the trial court orthe Supreme Court of Virginia only upon a showing of substantial grounds forhabeas corpus relief.

(1995, c. 503.)